Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, October 16, 2012


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

The invocation was offered by Reverend Raymond Bowman of Spruce Street Baptist Church.

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

The roll was called and the following members were present during the progress of the meeting: Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell and Neighbors (39); Absent: Pardue, Duvall (2).

The Minutes of the regular meeting of October 2, 2012, were approved.

- ELECTIONS AND CONFIRMATIONS -

Health and Educational Facilities Board
The President called for nominations to fill two (2) vacancies on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. Mr. McGuire nominated Mr. Walker Batts; Mr. Todd nominated Ms. Susan Tinney. There being no further nominations, the President declared nominations closed. The nominee was referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.

Juvenile Court Judge
The President called for an election to fill a vacancy that now exists in the office of Juvenile Court Judge due to the retirement of Judge Betty Adams Green. Nominations previously made were: Shelia D. J. Calloway, Sophia B. Crawford and Carlton M. Lewis. The Rules-Confirmations-Public Elections Committee reported that the candidates had been interviewed and all were found qualified to serve. A vote was taken to fill the vacancy, and the Clerk confirmed the vote as follows: Calloway: Barry, Steine, Matthews, Westerholm, Jernigan, Allen, Holleman, Johnson, Dowell (9); Crawford: Garrett, Tygard, Banks, Bennett, Pridemore, Glover, Stites, Tenpenny, Baker, Weiner, Evans, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Todd (18); Lewis: Maynard, Harrison, Hunt, Scott Davis, Anthony Davis, Stanley, Claiborne, Moore, Gilmore, Langster, Mitchell (11). No candidate having received a majority vote, a run-off was held and the following vote confirmed: Crawford: Barry, Steine, Garrett, Tygard, Banks, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Allen, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Todd (25); Lewis: Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Moore, Gilmore, Langster, Johnson, Dowell, Mitchell (13). The President declared that Sophia B. Crawford was elected Juvenile Court Judge for a term expiring August 2014.

Community Education Commission
Reappointment of Rev. Sonnye Dixon for a term expiring October 6, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Sexually Oriented Business Licensing Board
Reappointment of Mr. Johnny Crumby for a term expiring October 7, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Cullen Earnest for a term expiring October 7, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Transportation Licensing Commission
Reappointment of Ms. Rhonda Marko for a term expiring October 10, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Same Patel for a term expiring October 10, 2014. At the request on the nominee, the confirmation was deferred.

Reappointment of Mr. Tom Turner for a term expiring October 10, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-448

A resolution appropriating certain 2011-2012 and 2012-2013 Community Development Block Grant funds for neighborhood improvement projects. The resolution was approved by the Federal Grants Review Committee.

RESOLUTION NO. RS2012-449

A resolution approving an application for the Mayors Challenge Grant from the Bloomberg Philanthropies to The Metropolitan Government of Nashville and Davidson County to sponsor workforce wellness initiatives to reduce health and injured on duty costs. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-450

A resolution accepting 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 general non-project specific support to those well-established Tennessee arts organizations which represent the highest level of quality programming and administration. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-451

A resolution approving Amendment Three to a grant from the Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-452

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to participate as a member site in the Centers for Disease Control Tuberculosis Epidemiologic consortium studies. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-453

A resolution approving Amendment Seven to 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 and protect human health. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-454

A resolution approving a memorandum of agreement between the Federal Emergency Management Agency’s Integrated Public Alert and Warning System Program Management Office and The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, to allow rapid national warnings of all types to be sent to the public. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-455

A resolution accepting 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 Board of Parks and Recreation, to provide twelve big band dances in Centennial Park. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-456

A resolution approving an application for the Library Services and Technology Act (LSTA) 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 pilot two programs for children and teens using ereaders and iPads to increase their love of reading. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-457

A resolution authorizing 4 Tees, LLC, dba Jimmy John’s Gourmet Sandwiches, to construct and install an aerial encroachment at 424 Church Street (Proposal No. 2012M-020EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-458

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the
Rules-Confirmations-Public Elections Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Davis moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

- RESOLUTION -

Without objection, the rules were suspended for consideration of one (1) late resolution.

RESOLUTION NO. RS2012-461

A resolution approving Amendment One to a grant agreement between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County for funding for roadscape improvements in the Hillsboro Village area, to be henceforth identified by PIN Number 105525.28, which extends the completion date for that project from November 13, 2011 to December 31, 2012. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-281

An ordinance amending Chapters 1.24, 2.100, 6.72, and 12.54 of the Metropolitan Code relating to the Transportation Licensing Commission, including a provision that the inspectors and Director of the Transportation Licensing Commission be employed by the Metropolitan Department of Public Works. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Traffic, Parking and Transportation Committees by a voice vote of the Council.

BILL NO. BL2012-282

An ordinance amending Chapter 4.20 of the Metropolitan Code pertaining to certified payroll record retention and inspection requirements, as well as the public accessibility to such records. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees by a voice vote of the Council.

BILL NO. BL2012-283

An ordinance amending Title 6 of the Metropolitan Code pertaining to the permitting of commercial solicitors and the establishment of a no solicitation list. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2012-284

An ordinance amending Chapter 12.13 of the Metropolitan Code pertaining to the use of speed cushions as part of the neighborhood traffic management program. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Traffic, Parking and Transportation Committees by a voice vote of the Council.

BILL NO. BL2012-285

An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation, in relation to construction and maintenance of a greenway trail (Proposal No. 2012M-024PR-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, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-286

An ordinance approving a lease agreement by and between the United States of America, Department of the Army, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Parks and Recreation, for a parcel of property adjacent to the Cheatham Lock and Dam (Proposal No. 2012M-032PR-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. BL2012-287

An ordinance approving a lease agreement between the State of Tennessee and the Metropolitan Government of Nashville and Davidson County for the use and benefit of the Board of Parks and Recreation; and approving a sublease agreement between the Metropolitan Government of Nashville and Davidson county, by and through the Board of Parks and Recreation, and the Harpeth Youth Soccer Association (Proposal No. 2012M-018PR-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, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-288

An ordinance authorizing the construction and maintenance of wetland restoration projects in Bells Bend Park and authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions related to the wetland mitigation projects in Bells Bend Park (Proposal No. 2012M-030PR-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, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-289

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning Johnstone Court right-of-way (Proposal No. 2012M-013AB-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, Parking and Transportation, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-290

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 Music Circle East right-of-way (Proposal No. 2012M-012AB-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, Parking and Transportation and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-291

An ordinance amending Sections 17.04.060 and 17.16.110 of the Metropolitan Code, Zoning Regulations, amending the definition of “recycling facility” to clarify that it does not include the conversion of material into a fuel product or asphalt, and to prohibit such activity on construction/demolition landfill property (Proposal No. 2012Z-022TX-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. BL2012-292

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Sections 17.04.060 and 17.16.250 pertaining to recording studios as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2012Z-024TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2012-241

An ordinance amending Chapter 5.04 of the Metropolitan Code to require the annual contract for services between the Metropolitan Government and the Nashville Area Chamber of Commerce pertaining to the Partnership 2020 program to be approved by resolution of the Metropolitan Council. Mr. Dominy moved to defer the bill to the second meeting in November and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-262

An ordinance amending Chapter 13.08 of the Metropolitan Code pertaining to honorary street signs. The bill was approved by the Planning, Zoning and Historical Committee; the Public Works Committee approved the bill with an amendment. Mr. Matthews offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Matthews 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. BL2012-265

An ordinance naming the bridge on Georgia Avenue over Richland Creek in honor and memory of Audrey Baker. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-266

An ordinance amending Section 3.24.010 of the Metropolitan Code pertaining to health insurance benefits for Members of Council after they leave office. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing-Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Jernigan, Stites, Claiborne, Allen, Weiner, McGuire, Harmon, Blalock, Dowell, Todd, Mitchell (19); “Noes” Maynard, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Stanley, Tenpenny, Moore, Gilmore, Baker, Evans, Holleman, Dominy, Johnson, Potts, Bedne (17); “Abstaining” Langster (1).

BILL NO. BL2012-267

An ordinance authorizing Nashville Downtown Partnership to install, construct and maintain underground and structural encroachments at various locations for bike kiosks (Proposal No. 2012M-019EN-001). The bill was approved by the Planning Commission, Public Works 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.

BILL NO. BL2012-268

An ordinance approving the Metropolitan Government to acquire all or a portion of property located at 6950 Charlotte Pike for the Davidson Branch Equalization Facility Project (11-SC-111)(Proposal No. 2012M-012PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-269

An ordinance authorizing the fee simple acquisition of a portion of property located at 826 Cammack Court for the Reservoir and Detention Basin Project No. 10-WG-069, approximately 875 feet east of Rodney Drive (Proposal No. 2012M-022PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-270

An ordinance approving the Metropolitan Government to accept an easement and eight hundred sixty-eight feet (868’) of an eight inch (8”) water main, two (2) fire hydrants and to also accept one thousand two hundred eighty four feet (1,284’) of an eight inch (8”) sewer main on property located at Duncanwood Drive (unnumbered) (Project No. 11-WL-0090 & 11-SL-0098) (Proposal No. 2012M-021ES-001 and 2012M-021ES-002). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-271

An ordinance approving the Metropolitan Government to abandon approximately five hundred and seventy (570) feet of existing ten (10) and twelve (12) inch sewer lines and easements on property located at 1515 Demonbreun Street (Proposal No. 2012M-030ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-272

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 a portion of Powell Avenue to “Old Powell Avenue” (Proposal No. 2012M-006SR-001). The bill was approved by the Planning Commission and Traffic, Parking and Transportation Committee; the Public Works and Planning, Zoning and Historical Committees recommended deferment. Mr. Tenpenny requested a suspension of the rules to allow the bill to be heard and only one objection was made. The matter recurred on the motion to pass and was adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2012-244

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 604 Gallatin Pike, at the corner of Gallatin Pike and Cumberland Avenue (0.5 acres), to permit automobile sales (used) and all uses permitted by the CS zoning district, all of which is described herein (Proposal No. 2012SP-020-001). The bill was approved by the Planning Commission with conditions and disapproved without; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Pridemore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

Without objection Bill Nos. BL2012-247 and BL2012-248 were considered together.

BILL NO. BL2012-247

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 Burton Hills Commercial Planned Unit Development Overlay District located at 1 Burton Hills Boulevard, at the southeast corner of Hillsboro Pike and Burton Hills Boulevard (9.17 AC) zoned R15 and proposed for SP, to permit a seven-story, 110,000 square foot office building replacing a four-story, 54,000 square foot office building and to increase the total floor area for office uses in the overlay from 550,000 square feet to 660,000 square feet, all of which is described herein (Proposal No. 18-84P-001). Mr. McGuire substitute ordinance and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2012-247

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 Burton Hills Commercial Planned Unit Development Overlay District located at 1 Burton Hills Boulevard, at the southeast corner of Hillsboro Pike and Burton Hills Boulevard (9.17 AC) zoned R15 and proposed for SP, to permit a four-story, 110,000 square foot office building replacing a four-story, 54,000 square foot office building and to increase the total floor area for office uses in the overlay from 550,000 square feet to 660,000 square feet, all of which is described herein (Proposal No. 18-84P-001). The bill was approved by the Planning Commission with conditions, disapproved without; the bill was approved by the Planning, Zoning and Historical Committee.

BILL NO. BL2012-248

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 to SP zoning for property located at 1 Burton Hills Boulevard, at the southeast corner of Hillsboro Pike and Burton Hills Boulevard (9.17 acres) and within a PUD Overlay, to permit office uses, all of which is described herein (Proposal No. 2012SP-023-001). The bill was approved by the Planning Commission with conditions, disapproved without; the bill was approved by the Planning, Zoning and Historical Committee.

Mr. McGuire moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-249

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Nano Brewery” as use permitted with conditions (PC) in the MUL, MUL-A, MUG, MUG-A, MUI, MUI-A, CL and CS zoning districts (Proposal No. 2012Z-019TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Anthony Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-250

An ordinance amending Chapter 2.44 of the Metropolitan Code pertaining to former police department canines and horses. The bill was approved by the Budget and Finance and Public Safety Committees. Mr. Garrett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-253

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 Cherrywood Drive right-of-way (Proposal No. 2012M-010AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Ms. Blalock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-254

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 Saunders Court right-of-way (Proposal No. 2012M-009AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-255

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 Franklin Street right-of-way (Proposal No. 2012M-011AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees; the Traffic, Parking and Transportation Committee recommended deferment. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-256

An ordinance authorizing the acquisition of property by exchange for the purpose of acquiring land for recreational use by the Metropolitan Government (Proposal No. 2012M-028PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Bedne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-257

An ordinance amending Section 15.64.170 of the Metropolitan Code of Laws with respect to the modification of existing commercial or industrial facilities within the floodway of the Cumberland River. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-258

An ordinance approving the abandonment of approximately two hundred sixty-five feet (265’) of existing ten inch (10”) sewer and one hundred thirty-five feet (135’) of existing twelve inch (12”) sewer, and the acquisition of easement for approximately three hundred seven feet (307’) of a new twelve (12”) sewer on property located at 615 Nestor Street (Project No. 10-SG-0088) (Proposal No. 2012M-018ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-259

An ordinance approving the Metropolitan Government of Nashville and Davidson County to abandon a Metropolitan Government Water Pumping Station located at 801 Stoner Mill Lane and the associated easement (Proposal No. 2012M-024ES-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Jernigan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-260

An ordinance authorizing the acquisition of easements for the Hidden Hills Reservoir Abandonment Project (10-WG-0031) on properties located at 3009 Darrington Way and Chandler Road (unnumbered) (Proposal No. 2012M-019ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Jernigan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-261

An ordinance to delete and/or amend various sections in Titles 1, 2, 3, 6, 10, 11, 12, 13, and 16 of the Metropolitan Code in order to remove and modify certain outdated Code provisions that are no longer enforced or otherwise no longer appropriate. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Moore, Allen, Baker, Langster, Weiner, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (32); “Noes” Holleman (1).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2012-459

A resolution requesting the Mayor and Metropolitan Nashville Public Schools (MNPS) to replace the entire fleet of school buses powered by diesel combustion engines with hybrid-electric school buses. The Education Committee recommended deferment. Mr. Stanley moved to defer the resolution to the second meeting in November, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-460

A resolution requesting the Mayor and the Metropolitan Transit Authority of Nashville to designate as a top priority program the replacement of the entire fleet of public buses powered by diesel combustion engines with hybrid-electric buses. The Traffic, Parking and Transportation Committee recommended deferment. Mr. Stanley moved to defer the resolution to the second meeting in November, which motion was seconded and adopted by a voice vote of the Council.

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

RESOLUTION NO. RS2012-462

A resolution supporting the submission of a proposal to the National Association of Counties requesting that the City of Nashville, Tennessee be chosen to host the 2016, 2017 or 2018 Annual Conference and Exposition. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Anthony Davis moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2012-463

A resolution recognizing the Belmont University Enactus Team for winning the 2012 World Competition. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Allen moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.