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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Rabbi Shanna Mackler of The Temple.
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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (40); Absent: Maynard (1).
The Minutes of the regular meeting of November 18, 2008, were approved.
- ELECTIONS AND CONFIRMATIONS -
Fire and Building Code Appeals Board
Appointment of Mr. Thomas Lipscomb for a term expiring March 1, 2010. Mr. Lipscomb will fill the unexpired term of Mr. Greg Page as the building and construction representative. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Metropolitan Development and Housing Agency
Reappointment of Mr. Melvin Black for a term expiring November 5, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Transportation Licensing Commission
Appointment of Mr. Quenton White for a term expiring October 10, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Wastewater Hearing Authority
Reappointment of Dr. Edward Thackston for a term expiring October 1, 2010. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- RESOLUTIONS -
A resolution appropriating the amount of $73,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Juvenile Court of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $ 100,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Health of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $726,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Information Technology Services Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $750,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Parks and Recreation Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Parks, Library and Recreation Committees recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $500,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Fire Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $500,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Police Department of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $1,000,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Public Library of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Parks, Library and Recreation Committees recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution appropriating the amount of $375,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of General Services of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, for mediation services for divorce cases involving minor children. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Mental Health and Developmental Disabilities, to The Metropolitan Government of Nashville and Davidson County to provide treatment for 15 non-violent methamphetamine addicts to be housed at the Davidson County Drug Court residential program. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to make resources available for on the job training of new and existing Asurion employees (09-09-FY9-2FT-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving a grant agreement between the State of Tennessee, Department of Transportation, and the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for construction/repair on the Dry Creek Bridge on Dry Fork Road under the State Aid Bridge Program, Project No. 19-455-3408-04. 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” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving an amendment to a grant from the Tennessee Department of Human Services to the Metropolitan Action Commission for the Low Income Home Energy Assistance Program (LIHEAP) to provide financial assistance with heating/cooling costs including funds available to leverage against non-federal sources for eligible customers. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving an intergovernmental agreement by and between the United States Army Reserve and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to provide for joint recruitment efforts. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution accepting a grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police, Sheriff, and Parks Departments for fifty percent of the funding for 35 bulletproof vests. The resolution was approved by the Budget and Finance, Parks, Library and Recreation and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to enhance the enforcement of the driving under the influence initiative to reduce traffic fatalities. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution accepting a grant from the Target Corporation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to purchase global positioning units (GPS) and digital cameras for the Hermitage Precinct Flex Unit. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving an intergovernmental agreement by and between the United States Immigration and Customs Enforcement and The Metropolitan Government of Nashville and Davidson County, by and through the Davidson County Sheriff’s Office, for reimbursement of expenses related to Operation SLOT. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving an application for a 2008 Homeland Security Grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, for homeland security projects. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, by and through the Tennessee Emergency Management Agency, to accept grant funds to be distributed between the various counties in Urban Area/ Homeland Security District 5 for homeland security projects. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
Without objection, the rules were suspended to call up Bill No. BL2008-334 which is scheduled for public hearing in January.
An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, amending the definition of “automobile repair” and “automobile service” to prohibit vehicles being repaired or serviced from remaining on the premises more than thirty days. Mr. Jernigan moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to SP zoning for properties located at 6943 and 6947 Burkitt Road and Burkitt Road (unnumbered), approximately 4,200 feet east of Nolensville Pike (46.63 acres), to permit the development of 64 single-family, 80 attached cottage, and 40 townhome units, all of which is described herein (Proposal No. 2008SP-024G-12). 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.
An ordinance amending Chapter 7.08 of the Metropolitan Code to provide that an applicant is prohibited from obtaining a beer permit if he/she has been released from incarceration within the past ten years for conviction of certain crimes, and to clarify that beer must be purchased directly from an authorized wholesaler before it can be resold. 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.
An ordinance amending Title 10 of the Metropolitan Code to adopt the 2006 International Fire Code, and amendments thereto. 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.
An ordinance amending Chapter 12.76 of the Metropolitan Code to provide maintenance standards for bridges owned or maintained by railroad companies. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market and Public Works Committees by a voice vote of the Council.
An ordinance amending Chapters 15.20 and 15.36 of the Metropolitan Code pertaining to the amount of water and sewer capacity charges. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $4,900.00, plus reimbursement of training costs for Emergency Communications personnel. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
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 RS15 to AR2a (18.35 acres) and from AR2a to CS (3.2 acres) and IWD (18.6 acres) zoning a portion of properties located at 3952 Stewarts Lane and Stewarts Lane (unnumbered), approximately 1,725 feet south of Ashland City Highway (40.15 acres), all of which is described herein (Proposal No. 2008Z-084U-03). 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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to R20 zoning property located at 566 Old Hickory Boulevard, approximately 1,100 feet south of Tolbert Road (1.97 acres), all of which is described herein (Proposal No. 2008Z-083G-06). The bill was disapproved 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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 to IWD zoning a portion of property at 2432 Brick Church Pike, approximately 1,870 feet north of West Trinity Lane (4.0 acres), all of which is described herein (Proposal No. 2008Z-072U-03). 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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 zoning various properties located along Clairmont Place, between Belmont Boulevard and Woodmont Boulevard (14.84 acres), all of which is described herein (Proposal No. 2008Z-092U-10). 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.
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 Home Depot Planned Unit Development Overlay, approved by Council Bill BL2005-881, located at Gallatin Pike (unnumbered), at the northwest corner of Gallatin Pike and Joyce Lane, classified SCR (1.81 acres), to delete Condition #20 restricting access to Joyce Lane and to allow for the development of a 4,952 square foot financial institution, replacing two 3,600 square foot restaurants, all of which is described herein (Proposal No. 2005P-027U-05). 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.
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 IWD zoning property located at 1216 Dickerson Pike, approximately 830 feet east of W. Campbell Road (1.84 acres), all of which is described herein (Proposal No. 2008Z-093G-02). 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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of the Banbury Crossing Planned Unit Residential Development district located on a portion of property at 5999 Edmondson Pike, approximately 180 feet north of Mt. Pisgah Road, zoned R40, (4.2 acres), all of which is described herein (Proposal No. 96P-007G-12). 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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to RS7.5 zoning a portion of property located at 415 W. Trinity Lane, approximately 560 feet west of Monticello Drive (4.10 acres), all of which is described herein (Proposal No. 2008Z-085U-03). 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.
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 existing Green Hills Urban Design Overlay (UDO) District to add properties located at 2000 and 2002 Richard Jones Road, approximately 500 feet east of Hillsboro Pike (7.21 acres), zoned SP and OR20, to require all provisions of the Green Hills UDO to apply to these properties, all of which is more particularly described herein (Proposal No.2002UD-001U-10). 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.
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 properties located at 416 Murfreesboro Pike and 811 Elm Hill Pike, approximately 1,135 feet west of Fesslers Lane (0.37 acres), to permit a boarding house with 32 living units with kitchens in an existing 32 room motel facility, all of which is described herein (Proposal No. 2008SP-031U-11). 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.
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 and RM20 to SP zoning properties located at 115 Woodmont Boulevard, approximately 775 feet south of Harding Pike (7.41 acres), to permit Abe's Garden at Park Manor, an independent living, assisted-care and nursing home facility consisting of three residential buildings comprised of a proposed 2-story south building containing a senior day-care facility and 80 beds, an existing 7-story central tower containing 32 beds and 85 units, and a proposed 10-story north tower containing 99 units, all of which is described herein (Proposal No. 2008SP-030U-10). 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.
An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, amending the definition of “automobile repair” and “automobile service” as it relates to the number of days in which vehicles being repaired or serviced may remain on the premises (Proposal No. 2008Z-091T). 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 -
An ordinance amending Chapter 16.28 of the Metropolitan Code to impose an additional fee for building permits for construction or demolition projects within historic zoning overlays. The Budget and Finance and Codes, Fair and Farmers Market Committees recommended deferment. Mr. Crafton moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2008-298
An ordinance amending Section 3.40.050 of the Metropolitan Code to provide a minimum service pension benefit for employees with at least five years credited service from and after September 1, 2005. Mr. Tygard offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2008-298
An ordinance amending Section 3.40.050 of the Metropolitan Code to provide a minimum service pension benefit for employees with at least five years credited service from and after September 1, 2005. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add noise restrictions within the downtown area. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Jameson moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2008-324
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, R8, and CS to SP zoning properties located at 2832 Whites Creek Pike and Rowan Drive (unnumbered), approximately 1,510 feet south of Briley Parkway (91.97 acres), to permit the development of a retail, office, warehouse and industrial campus and open space, all of which is described herein (Proposal No. 2008SP-025U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Harrison moved to defer the bill to the second meeting in January due to opposition, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapters 17.24 of Title 17 of the Metropolitan Code, Zoning Regulations, to make the tree density requirements applicable to certain residential development, all of which is more particularly described herein (Proposal No. 2008Z-089T). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommend deferment. Ms. Barry moved to defer the bill to the second meeting in January, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 6.06 of the Metropolitan Code to amend the definition of “after hours establishment”, and to prohibit such establishments from allowing the consumption of alcoholic beverages upon the premises. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee with an amendment. Ms. Page offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Petitions were filed in favor of the bill. Ms. Page moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 15 of the Metropolitan Code to create a stormwater master planning district. The Budget and Finance and Public Works Committees recommended deferment. Mr. Toler moved to defer the bill to the second meeting in January to allow comments from the Public Works and Water Services Departments and review by the Mayor’s Green Ribbon Committee, which motion was seconded and adopted by a voice vote of the Council.
An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2008M-182). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 1515 Lebanon Pike, 820 Dominican Drive, Highway 70 South, 2406 Crestmoor Road, 3514 Pin Hook Road, 3334 Hamilton Church Road, 901 South 5th Street, 7201 Charlotte Pike, 726 Old Hickory Boulevard, 6509 Charlotte Pike, 8400 Highway 100, 1900 Belmont Boulevard, 2321 Crestmoor Road, 1608 County Hospital Road, 841 Briley Parkway, 6000 Highway 100, 3300 Elm Hill Pike, 5820 Nolensville Pike, 7100 Highway 70 South, 5621 Charlotte Pike, 310 Oceola Avenue, Hicks Road, 4540 Trousdale Drive, Dickerson Pike, and 2440 Music Valley Drive. The bill was approved by the Planning Commission, Public Works 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.
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 Century Boulevard right-of-way (Proposal Number 2008M-169U-14). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Ms. Wilhoite “Abstaining.”
- BILLS ON THIRD READING -
An ordinance amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to create "after hours establishment" as a use permitted with conditions, and to provide restrictions and conditions regarding the location of after hours establishments, all of which is more particularly described herein (Proposal No. 2008Z-082T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Page offered Amendment No. 3 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Page moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance amending Chapters 12.40 and 12.60 of the Metropolitan Code to prohibit the parking of motor vehicles within bicycle lanes. The bill was approved by the Traffic and Parking Commission, Public Safety-Beer and Regulated Beverages and Traffic and Parking Committees. Mr. Cole moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CF to SP zoning for properties located at 1800 and 1806 West End Avenue and 1801 and 1807 Hayes Street, at the northwest corner of West End Avenue and 18th Avenue North (1.36 acres), to permit the development of a 190,033 square foot, 8-story mixed-use building containing hotel, restaurant and financial institution space, all of which is described herein (Proposal No. 2008SP-021U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance amending Title 2, Chapter 2.128 of the Metropolitan Code of Laws to broaden the necessary qualifications for Executive Director of the Historical Commission. The bill was approved by the Personnel-Public Information-Human Relations-Housing 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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance amending Chapter 10.18 of the Metropolitan Code of Laws pertaining to the prohibition of smoking in Metropolitan buildings. The bill was approved by the Health, Hospitals and Social Services Committee. Mr. Durbin 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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance amending Section 10.64.015 of the Metropolitan Code to exempt certain group homes from the required installation of sprinklers when the homes’ occupants can evacuate promptly. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Hodge 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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance abandoning an 8” sanitary sewer line and easement and the 10”, 8” and 4” water lines and easements in connection with Project 07-SL-0128 and 07-WL-0080, Carothers Crossing, Phase 3, Section 1, shown on Map 188, Parcels 4, 5, 33, 36, 182, and 183, located at 7156, 7107, 7176, 7140 Carothers Road, authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-093G-12). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance abandoning an 8 inch sanitary sewer line and easement and replacing such with an 8 inch sanitary sewer and easement in connection Project 07-SL-0192, 3717 West End Subdivision, shown on Map 104-09, Parcels 180 and 277, 3717 West End Avenue and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-114U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler 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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance abandoning an 8 inch sanitary sewer line and easement and installing a manhole in connection Project 08-SL-0057, shown on Map 093-09, Parcels 293-297, 1200 Laurel Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-138U-9). 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” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance authorizing the acquisition of certain right-of-way easements and construction easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of the Public Works Department Project No. 08-B-01, Cato Road Bridge (Proposal No. 2008M-152G-3). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance approving and accepting a contribution in the amount of $110,000 from Murphy Development, LLC for purposes of Transportation Infrastructure Improvements in the Swiss Avenue Area. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler 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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance approving and accepting a contribution in the amount of $133,500 from Centex Homes for purposes of Transportation Infrastructure Improvements in the Southeast Infrastructure Deficiency Area associated with the Carter Property (Proposal No. 2006SP-112G-12). The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler 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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
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 Acklen Avenue right-of-way (Proposal No. 2008M-173U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Budget and Finance, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Durbin 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, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
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. 616 right-of-way (Proposal Number 2008M-049U-8). The bill was disapproved by the Planning Commission and Traffic and Parking Commission; the bill was approved by the Budget and Finance, Public Works, Traffic and Parking 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” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution requesting the Metropolitan Planning Department to develop a plan for the equitable distribution of affordable housing throughout Metropolitan Nashville and Davidson County. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Hunt moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution requesting the citizens of Nashville and Davidson County to sign the T. Boone Pickens’ Energy Independence Plan pledge and encourages everyone to support this plan. The Rules-Confirmations-Public Elections Committee recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution supporting efforts pursuing dedicated funding for public transportation in the Nashville region. The resolution was approved by the Transportation and Aviation Committee. Ms. Murray moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0); “Abstaining” Adkins (1).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to fund and complete the installation of a center turn lane designated for State Route 24 (Lebanon Pike) from Stewart’s Ferry Pike to Disspayne Drive to improve mobility and reduce delay associated with left turning vehicles. The resolution was approved by the Public Works and Traffic and Parking Committees. Mr. Stanley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.