Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, April 16, 2013


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 Robert Duvall.

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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (38); Absent Stanley, Weiner, Blalock (3).

The Minutes of the regular meeting of April 2, 2013, were approved.

- ELECTIONS AND CONFIRMATIONS -

Fire and Building Code Appeals Board
Reappointment of Mr. Eddie Hutton for a term expiring March 1, 2017. At the request on the nominee, the confirmation was deferred.

Historic Zoning Commission
Reappointment of Ms. Ann Nielson for a term expiring April 1, 2018. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Planning Commission
Reappointment of Mr. Stewart Clifton for a term expiring March 31, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Jim McLean for a term expiring March 31, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-650

A resolution exempting Las Fiestas Café located at 3623 Gallatin Road from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Bennett requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution and no one came forward to be heard. The President declared the public hearing closed. Ms. Bennett 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, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2013-640

A resolution accepting certain incomplete infrastructure and property interests located in River Landing, Phase 1, Section 1, Subdivision No. 2006S-182G-14, pursuant to Chapter 10.90 to the Metropolitan Code for completion and maintenance in the interest of public health and safety. The resolution was approved by the Budget and Finance, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2013-651

A resolution approving the plan for the reappraisal and equalization of assessments in Davidson County as submitted by the Metropolitan Assessor of Property, and approving receipt of state funds, if provided, to assist in the cost of the reappraisal. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-652

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 funding to non-profit organizations to conduct community arts projects in Davidson County. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-653

A resolution approving an intergovernmental agreement by and between the United States Government, by and through Medicare, and the Metropolitan Government of Nashville and Davidson County, by and through the Nashville Fire Department, to allow the Fire Department to bill Medicare. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-654

A resolution approving an application for an Internet Crimes Against Children (ICAC) Grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-655

A resolution accepting an AmeriCorps Vista Volunteer Grant from the Tennessee Literacy Coalition to The Metropolitan Government of Nashville and Davidson County, acting by and through the Community Education Commission, to provide an AmeriCorps program participant to assist in building volunteer capacity. The resolution was approved by the Budget and Finance and Education Committees.

RESOLUTION NO. RS2013-656

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the provision of immunization program activities and staffing to monitor and assess the delivery of immunization services by providers in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-657

A resolution approving Amendment One to a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission, to provide services to assist low income and/or homeless individuals achieve self-sufficiency. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-658

A resolution approving Amendment One 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, for the Healthy Start Initiative - Eliminating Racial/Ethnic Disparities to provide a variety of services for pregnant and parenting women. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-659

A resolution accepting 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 enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV disease. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-660

A resolution authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services (“MWS”), to enter into an agreement to participate with the Metropolitan Development and Housing Agency (“MDHA”) to improve Stormwater infrastructure in the Haynes Park and Maynor Place neighborhoods of Davidson County, Tennessee in accordance with MWS Project No. 12-SWC-174 and MWS Project No. 12-SWC-131. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2013-661

A resolution approving an agreement between the United States Department of the Army and the Metropolitan Government of Nashville and Davidson County for Phase 4 of the Flood Preparedness Study in Davidson County, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2013-662

A resolution approving cooperative agreement No.13ESTNGEML0030 with the United States Department of the Interior - United States Geological Survey for the continued operation and upgrades of Water Quality Monitors and flood warning gages in FY2014, FY2015, and FY2016 on Mill Creek, Dry Creek, Browns Creek, Richland Creek, Whites Creek, Stones River, and Cumberland River. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2013-663

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 Public Works Department, to educate and engage residents, businesses, and visitors on the negative impact littering has on a community as a whole. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2013-664

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Ashlee Parker on behalf of her minor daughter, Amijah Parker, against the Metropolitan Government of Nashville and Davidson County in the amount of $9,245.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-668

A resolution recognizing Keep America Beautiful’ s Great American Cleanup and designating March, April and May 2013 as “Great American Cleanup Months” in Metropolitan Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Anthony 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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2013-665

A resolution establishing a Residential Caucus to actively address municipal issues of the resident citizens of Metropolitan Nashville and Davidson County. The Rules-Confirmations-Public Elections Committee recommended deferment. In the absence of the sponsor the resolution was deferred.

RESOLUTION NO. RS2013-666

A resolution opposing the Metropolitan Development and Housing Agency’s decision to charge tenants for certain utilities that previously had been included as part of the base monthly rental amount. The Health, Hospitals and Social Services Committee recommended withdrawal. Ms. Gilmore moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2013-667

A resolution requesting the Tennessee Department of Transportation to widen State Route 11 (Nolensville Road) between Burkitt Road and Old Hickory Boulevard in order to relieve roadway congestion, improve safety, and accommodate expected growth. The resolution was approved by the Public Works Committee. Mr. Bedne moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-420

An ordinance amending Title 2 of the Metropolitan Code to create a small business economic development incentive grant program. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-421

An ordinance amending Section 10.56.250 of the Metropolitan Code with regard to open burning. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-422

An ordinance amending Chapter 12.42 of the Metropolitan Code pertaining to the procedure to be followed in designating residential permit parking areas. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission and Traffic, Parking and Transportation Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-423

An ordinance approving an agreement between the Metropolitan Government and the State of Tennessee concerning the exchange of certain parcels of real property (Proposal Number 2013M-011PR-001). Ms. Moore moved that the bill pass first reading and be referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-424

An ordinance approving a lease between the Metropolitan Government, by and through the Metropolitan Nashville Public Schools, and the State of Tennessee on behalf of Nashville State Community College (Proposal No. 2013M-012PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Education Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-425

An ordinance approving a license agreement to use Metro property for cross access by HHKW Properties, LLC (Proposal No. 2013M-009PR-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-426

An ordinance approving the Metropolitan Government to abandon approximately nine hundred and thirty linear feet (930’) of an existing eight inch (8”) public sewer main and associated easements on properties located at 4201, 4203, and 4208 Johnstone Court, and at 3801 and 3905 Hobbs Road (Proposal No. 2013M-008ES-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-427

An ordinance approving the Metropolitan Government to abandon a public utility and drainage easement that was previously retained by Council Ordinance 095-078, within a portion of the former right-of-way of Alley #1706, on property located at 2708 Wortham Avenue (Proposal No. 2013M-007ES-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-428

An ordinance approving the Metropolitan Government to abandon approximately one hundred fifteen (115) linear feet of an existing eight (8) inch public sewer main and easements and to accept approximately ninety-four (94) linear feet of an eight (8) inch public sewer main on property located at 1 Burton Hills Boulevard (Proposal No. 2013M-009ES-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-429

An ordinance approving the Metropolitan Government to abandon approximately eighty-five (85) linear feet of an existing eight (8) inch public sewer main and easements and to accept approximately seventy-two (72) linear feet of an eight (8) inch public sewer main on property located at 100 Foothill Court (Proposal No. 2013M-011ES-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 which motion was seconded and adopted by a voice vote of the Council.

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

BILL NO. BL2013-430

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 28th Avenue North right-of-way (Proposal No. 2013M-008AB-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2013-404

An ordinance providing the honorary designation of “Frank Rudy Memorial Road” for a portion of Music Valley Drive. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-405

An ordinance approving a Sublease Agreement by and between the Metropolitan Government of Nashville and Davidson County and STEM Preparatory Academy (Proposal No. 2013M-008PR-001). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-406

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, and the Metropolitan Development and Housing Agency for a portion of The Bridge Building (Proposal No. 2013M-007PR-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. BL2013-407

An ordinance approving and authorizing the Director of Public Property, or his designee, to accept the donation of real property (known as Map 142 part of Parcel 322 and all of Map 143 Parcel 70) from CRLP Bellevue, LLC and Colonial Properties, Inc., respectively, for use as part of the parks system (Proposal No. 2013M-005PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Todd moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-408

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Alley No. 1800 right-of-way and easement (Proposal No. 2013M-004AB-001).The bill was approved by the Planning Commission and Traffic and Parking Commission. The Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees recommended deferment. Ms. Moore moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-409

An ordinance approving the Metropolitan Government to abandon approximately one thousand three hundred twenty (1,320) feet of an eight (8) inch sewer main and the associated public utility easement on property located at 2014 Bernard Circle (Proposal No. 2013M-004ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. 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 an accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2012Z-024TX-001). The bill was approved by the Planning Commission, the Planning, Zoning and Historical Committee recommended deferment. Ms. Barry moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-389

An ordinance amending Section 13.24.130 of the Metropolitan Code pertaining to animals running at large. The bill was approved by the Parks, Library and Recreation Committee. Ms. Bennett 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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2013-393

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-A zoning properties located at 1119 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 315 feet east of Larkin Springs Road (1.68 acres), to permit automobile repair and wrecker service, all of which is described herein (Proposal No. 2013SP-006-001). Mr. Pridemore offered a 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. BL2013-393

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 properties located at 1119 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 315 feet east of Larkin Springs Road (1.68 acres), to permit automobile repair and wrecker service, all of which is described herein (Proposal No. 2013SP-006-001). The bill was approved by the Planning Commission with conditions; 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, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0).

BILL NO. BL2013-394

An ordinance to amend Sections 17.08.030 of the Metropolitan Zoning Code, pertaining to community education uses, by modifying which zoning districts community education uses are permitted, all of which is more specifically described herein (Proposal 2013Z-005TX-001). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

Without objection Bill No. BL2013-395 and BL2013-396 were considered together.

BILL NO. BL2013-395

An ordinance approving a settlement agreement and accepting a settlement payment resolving a dispute as to the liability of Comcast of Nashville I, LLC (“Comcast”) arising out of an audit of Comcast’s franchise fee payments under its prior, existing franchise agreement with the Metropolitan Government and approving a renewed franchise agreement with Comcast for it to construct, maintain and operate a cable television system within Metropolitan Nashville and Davidson County under the provisions of Chapter 6.08 of the Metropolitan Code (Proposal No. 2013M-001FR-001). The bill was approved by the Planning Commission, Budget and Finance, Personnel-Public Information-Human Resources-Housing and Planning, Zoning and Historical Committees.

BILL NO. BL2013-396

An ordinance amending Title 6, Chapter 6.08 of the Metropolitan Code of Laws relative to Cable Franchise Agreements. The bill was approved by the Personnel-Public Information-Human Resources-Housing Committee.

Mr. Matthews moved to pass the bills 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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2013-397

An ordinance approving Amendment One to a contract between The Metropolitan Government and CCBCC Operations, LLC to extend the contract for beverage services. The bill was approved by the Budget and Finance, Convention, Tourism and Public Entertainment Facilities and Parks, Library and Recreation Committees. Mr. Matthews 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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2013-398

An ordinance approving an internship affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, and Argosy Education Group, Inc. d/b/a Argosy University – Nashville, to provide practicum and internship experience for students enrolled in the Master of Arts in Mental Health Counseling Program. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Bennett 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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-399

An ordinance authorizing the Director of Public Property to accept and record an easement in favor of the Metropolitan Government on three parcels of property for use in the Whites Creek Greenway system (Proposal No. 2013M-005ES-001). The bill was approved by the Planning Commission, Parks, Library and Recreation 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” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-400

An ordinance authorizing the granting of a permanent easement to Piedmont Natural Gas Company on certain property owned by the Metropolitan Government (Tax Map 161-00-0 Parcel 228.00) and presently used as Seven Mile Park (Proposal No. 2013M-006ES-001). The bill was approved by the Planning Commission, Parks, Library and Recreation, Public Works and Planning, Zoning and Historical Committees. Mr. Harmon 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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-401

An ordinance approving the Metropolitan Government to abandon a portion of easement rights that were previously retained by Council Ordinance 075-1262 within a portion of the former right-of-way of 53rd Avenue North fifty (50) feet in width on a portion of property located at 5301 Illinois Avenue, and to retain an existing twenty (20) foot public sanitary sewer easement within the former right-of-way (Proposal No. 2013M-003ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committee. Mr. Baker 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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

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

RESOLUTION NO. RS2013-669

A resolution recognizing “Israel at 65 Day” in Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine 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, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


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