Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, February 2, 2010


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

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

The invocation was offered by Councilman Rip Ryman.

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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, and Mitchell (37); Absent: Maynard, Stanley, Todd, Neighbors (4).

The Minutes of the regular meeting of January 19, 2010, were approved.

- ELECTIONS AND CONFIRMATIONS -

Industrial Development Board
The President called for an election to fill a vacancy on The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2013. Nominations previously made were: Ms. Natasha Blackshear, Mr. Carnell Scruggs, and Mr. Geric Smith. The Rules-Confirmations-Public Elections Committee reported that the candidates were interviewed and all found qualified to serve.

A vote was taken to and the Clerk confirmed the vote as follows: Blackshear - Barry, Matthews, Jameson, Jernigan, Claiborne, Page, Moore, LaLonde, Gilmore, Crafton, Evans, Holleman, Wilhoite, Toler (14); Scruggs - Garrett, Tygard, Steine, Harrison, Hunt, Hollin, Cole, Forkum, Ryman, Langster, Adkins, Dominy, Hodge, Coleman (14); Smith - Bennett, Gotto, Burch, Baker, Foster, Duvall, Mitchell (7); “Abstaining” Craddock (1).

A second vote was taken and the Clerk confirmed the vote as follows: Blackshear - Barry, Matthews, Jameson, Bennett, Jernigan, Page, Moore, LaLonde, Gilmore, Crafton, Evans, Holleman, Wilhoite, Toler, Mitchell (15); Scruggs - Garrett, Tygard, Steine, Harrison, Hunt, Craddock, Hollin, Cole, Forkum, Ryman, Gotto, Burch, Claiborne, Baker, Langster, Adkins, Foster, Dominy, Hodge, Duvall (20); “Abstaining” Coleman (1).

The President declared that Mr. Carnell Scruggs was elected to The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2013.

Metropolitan Development and Housing Agency
Appointment of Mr. Arnett Bodenhamer for a term expiring November 5, 2015. At the request of the nominee, the confirmation was deferred.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1108

A resolution electing one member to the Board of Directors of the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. Mr. Hodge offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2010-1108

A resolution electing one member to the Board of Directors of the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Hodge 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, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2010-1109

A resolution approving an Intergovernmental Agreement Amendment by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Nashville Hospital Authority to change the Metropolitan Nashville Hospital Authority employee benefits system. Mr. Tygard offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2010-1109

A resolution approving an Intergovernmental Agreement Amendment by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Nashville Hospital Authority to change the Metropolitan Nashville Hospital Authority employee benefits system. The Budget and Finance; Health, Hospitals and Social Services and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2010-1110

A resolution approving an application for a Major Cultural Institution grant from the Tennessee Arts Commission to The Metropolitan Government of Nashville and 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, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2010-1111

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Pitney Bowes for the lease of a postal mail metering system. 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, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2010-1112

A resolution approving an Intergovernmental Agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the City of Cookeville, Tennessee, for the distribution of state grant funds to assist with investigations of internet crimes against children. 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, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2010-1113

A resolution approving an Intergovernmental Agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and Dickson County, Tennessee, for the distribution of state grant funds to assist with investigations of internet crimes against children. 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, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2010-1114

A resolution authorizing the Metropolitan Government of Nashville and Davidson County to participate with the Williamson County Government to improve the public sewer service to the Town of Nolensville Fire Hall located at 7347 Nolensville Road in Williamson County by extending Metro’s sewer main along Nolensville Road (Project No. 09-SG-0046). 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, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2010-1115

A resolution authorizing the Metropolitan Department of Law to compromise and settle Paul Young’s claims against The Metropolitan Government of Nashville and Davidson County for the amount of $9,000.00, and directing that this amount be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-621

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to prohibit holders of revoked licenses or permits from operating within Davidson County even on an occasional basis and require approval of the Metropolitan Transportation Licensing Commission prior to performance of nonconsent tows. 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. BL2010-622

An ordinance amending Chapter 16.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a permit for the erection of a temporary structure. 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. BL2010-623

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Brighton Road (Proposal No. 2009M-009AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2010-624

An ordinance abandoning a 10 foot public utility drainage easement in connection with Project 009-AB-0002, Forest Acres Abandonment, shown on Map 172, Parcel 133.00 and authorizing the execution of the documents to carry out said abandonment (Proposal No. 2009M-083ES-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. BL2010-625

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2855 Logan Street, 2050 Lucas Lane, Lucas Lane, 1st Avenue North, 2nd Avenue North, 1512 2nd Avenue North, 234 B Davenport Drive, 3183 Hamilton Church Road, Century Boulevard, 1318 Baptist World Center Drive, 1715 Broadway, 4200 Kenilwood Drive, 7102 Highway 70 South, 1007 Murfreesboro Pike, 331 Great Circle Road, 201 North 8th Street, 714 Ramsey Street, 2300 Patterson Street, 3822 Cleghorn Avenue, 2126 Abbott Martin Road, 5144 Hickory Hollow Parkway, 19 Hart Street, 6604 Charlotte Pike, and 100 Airpark Center East. 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. BL2010-626

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 RS20 zoning for various properties along Larchmont Drive between State Route 45 and N. Dupont Avenue (7.39 acres), and from RS10 to RS40 zoning for various properties along Hillcrest Drive, Neelys Bend Road, and Randy Road (103.91 acres), all of which is described herein (Proposal No. 2010Z-003PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-627

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 Taco Mamacita Planned Unit Development for a portion of property located at 1200 Villa Place, at the southeast corner of Villa Place and Edgehill Avenue, zoned RS5 (1.07 acres), to permit the sale of beer for on-premises consumption in an existing 4,443 square foot restaurant thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-005-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-628

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 Parkside Specific Plan District located at 5940 Mt. Pisgah Road, approximately 830 feet east of Edmondson Pike, (10.2 acres), zoned SP, to permit 31 single-family dwelling units where 30 were previously approved, all of which is more particularly described herein (Proposal No. 2007SP-057-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-629

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to SP zoning for property located at 1022 Virginia Avenue, approximately 180 feet west of Gallatin Pike (0.13 acres), to permit a general office use within a single-family dwelling unit, all of which is described herein (Proposal No. 2009SP-034-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-630

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 OR20 zoning for property located at 4400 Indiana Avenue, at the northwest corner of Indiana Avenue and 44th Avenue North (0.28 acres), all of which is described herein (Proposal No. 2009Z-041PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-631

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 an Urban Design Overlay (UDO) district to be known as the "Fawn Crossing UDO" to properties located at 6052 Mt. View Road and at Hamilton Church Road (unnumbered) and for properties located along Shady Tree Lane and Apple Orchard Trail, zoned RS10 (107.69 acres), to apply building design standards to all residential lots within the proposed and already-developed sections of the Fawn Crossing Subdivision, all of which is more particularly described herein (Proposal No. 2010UD-001-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-632

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 RS20 zoning for property located at 1101 Barnes Road, approximately 250 feet north of Barnes Bend Drive (3.0 acres), all of which is described herein (Proposal No. 2010Z-002PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-633

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 1112 Clifton Lane, at the northeast corner of Clifton Lane and Granny White Pike, to permit 25 existing dwelling units where 20 dwelling units were legally approved by the Codes Administration Department (2.09 acres), all of which is described herein (Proposal No. 2009SP-032-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-634

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County relative to “Construction/Demolition Landfill” in Nashville and Davidson County (Proposal No. 2010Z-003TX-001), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-635

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to modify the definitions, land use table, and development standards to add a new land use “Construction/Demolition Waste Processing (project-specific)” as a use permitted with conditions (PC) in Nashville and Davidson County (Proposal No. 2010Z-004TX-001), all of which is more particularly described herein. 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.

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

BILL NO. BL2010-636

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to add the land use “Historic Bed and Breakfast Homestay” as a special exception (SE) and a use permitted by right (P) rather than a classification of the historic overlay districts, all of which is more particularly described herein (Proposal No. 2010Z-006TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-637

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

- BILLS ON SECOND READING -

BILL NO. BL2010-612

An ordinance amending Section 12.40.200 of the Metropolitan Code pertaining to the starting of parked vehicles. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Baker offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Baker 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. BL2010-614

An ordinance amending Chapters 6.08 and 6.10 of the Metropolitan Code of Laws pertaining to the organizational structure governing the provision of education, community, and arts television programming. Mr. Steine offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2010-614

An ordinance amending Chapters 6.08 and 6.10 of the Metropolitan Code of Laws pertaining to the organizational structure governing the provision of education, community, and arts television programming. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-616

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before August 24, 2009. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-617

An ordinance amending Chapter 7.16 of the Metropolitan Code pertaining to the location restrictions for the issuance of a certificate of compliance to sell liquor within certain areas of downtown Nashville. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Jameson 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. BL2010-618

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 1609 (Proposal No. 2009M-008AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-619

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of McLemore Street to “YMCA Way” (Proposal No. 2009M-004SR-001). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore 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 -

Without objection Bill Nos. BL2009-586 and BL2009-587 and BL2009-588 were considered together.

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 and Planning, Zoning and Historical Committee. Mr. Jameson offered Amendment No. 3 and moved for its adoption, which motion was seconded and adopted 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. The bill was approved by the Planning, Zoning and Historical Committee.

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 and Planning, Zoning and Historical Committee.

Mr. Jameson moved to moved to pass the bills on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

BILL NO. BL2009-606

An ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to the outdoor sale or gifting of animals. The bill was approved by the Health, Hospitals and Social Services Committee. Ms. Bennett 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

BILL NO. BL2009-607

An ordinance granting a franchise to Access Fiber Group, Inc., 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-003FR-001). The bill was approved by the Planning Commission, Budget and Finance 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

BILL NO. BL2009-608

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7393, Metro Water Services (MWS) Project Nos. 04-SG-097 and 04-WG-0083, with the State of Tennessee, Department of Transportation, Project No. 19021-2244-94, to relocate certain facilities, located on the public highway right-of-way, located in Davidson County. 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, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

BILL NO. BL2009-610

An ordinance abandoning an 8 inch sanitary sewer line and easement and accepting a relocated 8 inch sanitary sewer line and easement in connection with Project 08-SL-0100, Morning Star Missionary Baptist Church, shown on Map 105, Parcel 008.00, 19 Hart Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-079ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

BILL NO. BL2010-613

An ordinance amending Title 16 of the Metropolitan Code pertaining to the moving of houses and other buildings or structures. The bill was approved by the Codes, Fair and Farmers Market 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, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2010-1107

A resolution encouraging Mayor Karl Dean to include appropriate funding for the Excessive Vegetation Growth Program as part of the proposed fiscal year 2010-2011 operating budget for the Metropolitan Government. The resolution was approved by the Codes, Fair and Farmers Market Committee; the Health, Hospitals and Social Services recommended deferment. In the absence of the sponsor, the resolution was deferred without objection.

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

RESOLUTION NO. RS2010-1116

A resolution recognizing the Metro Water Services Department, Metro Public Works Department, the 311 Call Center and other support personnel responding to the January 2010 weather events. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Claiborne 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

RESOLUTION NO. RS2010-1117

A resolution endorsing the application for a Tennessee Downtowns grant from the Tennessee Department of Economic and Community Development to Rediscover East!. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Jameson 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.