|
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 Councilman Greg Adkins.
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, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell and President Neighbors (33); Absent: Steine, Matthews, Hunt, Gilmore, Langster, Wilhoite, Duvall (7).
The Minutes of the regular meeting of January 6, 2009, were approved.
- ELECTIONS AND CONFIRMATIONS -
Arts Commission
Appointment of Ms. Tonya Matthews for a term expiring January 1, 2013. 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.
Appointment of Ms. Paula Roberts for a term expiring January 1, 2013. 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.
Appointment of Ms. Diane Webb for a term expiring January 1, 2013. At the request of the nominee, the confirmation was deferred.
- RESOLUTIONS -
A resolution designating a certain geographic area of Downtown Nashville as a tourism development zone for the purpose of financing the Music City Center complex. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Mitchell (30); “Noes” Crafton (1); “Abstaining” Todd (1).
A resolution declaring the official intent of The Metropolitan Government of Nashville and Davidson County (Tennessee) to reimburse itself for certain expenditures relating to the construction of a new convention center and ancillary facilities with the proceeds of tax-exempt bonds or other debt obligations to be issued by the Metropolitan Government of Nashville and Davidson County (Tennessee) or an existing or to be created instrumentality thereof. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Mitchell (29); “Noes” (0); “Abstaining” Jameson, Crafton, Todd (3).
A resolution to appropriate grant funds from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers’ Market, to provide advertising materials and local food promotion packages to merchants to better market their produce. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Mr. Hodge moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution approving an amendment to the existing lease agreement between the Metropolitan Government and the State of Tennessee for the Farmers Market facility to allow alcohol sales on the premises of the Farmers Market. The resolution was approved by the Budget and Finance, Codes, Fair and Farmers Market and Public Safety-Beer and Regulated Beverages Committees. Mr. Hodge moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “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 provide training services to upgrade the skills of twelve current workers at AmMed Direct (09-09-FY9-41W-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution approving an application for the Children with Incarcerated Parents Grant from The Memorial Foundation, Inc. to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution authorizing the Director of Public Property to exercise an option to purchase real property (Map 74, Parcel 43 and Map 63, Parcels 87 and 91) to be used by Parks and Recreation as part of E. N. Peeler Park (Proposal No. 2009M-001PR-001). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Budget and Finance and Parks, Library and Recreation Committees recommended deferment. Mr. Forkum moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution accepting a grant agreement from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to perform Section 106 environmental review necessary for development proposals using federal funds to determine potential adverse effects to historic properties. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution authorizing The Metropolitan Government of Nashville and Davidson County, to enter into an Interlocal Agreement with the Nolensville/College Grove Utility District of Williamson County, transferring the water service to the Shire of Owl Creek Subdivision, Williamson County, to Metro Water Services. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
Without objection, BL2008-333 was called up for consideration at this time.
BILL NO. BL2008-333
An ordinance amending Title 17 of the Metropolitan Code of Laws and requiring construction, enforcement and application of the zoning code consistent with federal law. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Gotto offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2008-333
An ordinance amending Title 17 of the Metropolitan Code of Laws and requiring construction, enforcement and application of the zoning code consistent with federal law. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
At this time the regular order of business resumed.
A resolution authorizing the Metropolitan Department of Law to settle a lawsuit initiated against The Metropolitan Government of Nashville and Davidson County by the Department of Justice of the United States of America for $20,000 and by entering into a Consent Decree and to settle the individual claims of Jessica A., Ben C., and Nikki C. for $50,000, for a total of $70,000. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (31); “Noes” (0); “Abstaining” Ryman (1).
A resolution authorizing the Metropolitan Department of Law to compromise and settle AT&T’s property damage claim of $27,118.54 against The Metropolitan Government of Nashville and Davidson County for fiber optic cable damage. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle Evelyn Dobbins’ personal injury claim against The Metropolitan Government of Nashville and Davidson County for the amount of $10,000.00. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Roscoe Gant. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Roy Hardy. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Patricia Malone against The Metropolitan Government of Nashville and Davidson County for $9,500.00. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Michelle D. Stewart against The Metropolitan Government of Nashville and Davidson County for $27,500.00 and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
A resolution authorizing the Department of Law to settle The Metropolitan Government of Nashville and Davidson County’s claims in the U.S. Airways, Inc. and PSA Airlines, Inc. Chapter 11 bankruptcy cases for the payment of $162,224 to the Metropolitan Government. The resolution was approved by the Budget and Finance Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Section 17.40.120 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the determination of inactivity of a planned unit development, all of which is more particularly described herein. Mr. Harrison moved to defer the bill on first 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 renaming a portion of Jackson Street as “Locklayer Street” (Proposal No. 2009M-001SR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance abandoning an 8 inch sanitary sewer line and easement in connection Project 08-SL-0072, Centennial Medical Center, shown on Map 092-11, Parcel 377.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-178U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance abandoning an 8 inch sanitary sewer line and easement and one manhole and acceptance of a relocated 8 inch sanitary sewer line and easement and two manholes in connection Project 08-SL-0060, House of God-Keith Dominion TR. S., shown on Map 081-14, Parcels 001, 002, and 176, 2719 and 2717 West Heiman Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-177U-8). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at Tennyson Avenue, 2556 and 2560 Jordan Ridge Drive, 217 Donelson Pike, 1501 Corporate Place, 7661 Highway 70 South, 377 Athens Way, 744 East Argyle Avenue, 544 McMurray Drive, 110 One Mile Parkway, 2712 Shacklett Drive, 3544 Dickerson Pike, Tulip Grove Road, 7240 and 7254 Centennial Place, 2195 Nolensville Pike, East Campbell Road and 101 East Campbell Road, Briley Park Boulevard South and 3366 Briley Park Boulevard South, 1112 Brick Church Pike, 715 Massman Drive, 590 Cheron Road, 431 Old Hickory Boulevard, 105 Linda Court, 7100 Charlotte Pike, 4806 Trousdale Drive, and 104 Gupton Court. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property in fee simple by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 08-SC-0077, Dry Creek, 35 Edenwold Road and 51 Edenwold Road, Edenwold Road, and Myatt Drive (Proposal No. 2008M-176G-4). 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, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Beazer Homes, Bradburn Villages Subdivision, to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Bradburn Village Subdivision. 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 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 1205, 1207, and 1211 Demonbreun Street, 201, 203, 205, and 207 12th Avenue South, and 1206, 1212, and 1214A Laurel Street, at the southwest corner of Demonbreun Street and 12th Avenue South (2.93 acres) and located within the Arts Center Redevelopment District, to permit the development of a maximum 24-story mixed-use building, all of which is described herein (Proposal No. 2008SP-035U-09). 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.
- BILLS ON SECOND READING -
An ordinance amending Section 10.20.300 of the Metropolitan Code increasing the distance from residential structures as it pertains to the prohibition on nighttime dumpster collection. The Public Works Committee recommended indefinite deferment. Mr. Gotto moved to defer the bill indefinitely while a comprehensive revision of the current trash ordinance is finalized, which motion was seconded and adopted by a voice vote of the Council.
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 withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2008-306
An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add noise restrictions within the downtown area. Mr. Jameson offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2008-306
An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add noise restrictions within the downtown area. The substitute bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Jameson moved to pass 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 pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2008-328
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). Ms. Barry offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2008-328
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 substitute bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Barry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2008-345
An ordinance amending Title 15 of the Metropolitan Code to create a stormwater master planning district. Mr. Toler offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2008-345
An ordinance amending Title 15 of the Metropolitan Code to create a stormwater master planning district. The substitute bill was approved by the Budget and Finance and Public Works Committees. 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 amending Title 10 of the Metropolitan Code to adopt the 2006 International Fire Code, and amendments thereto. The Codes, Fair and Farmers Market and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Hodge moved to defer the bill to the second meeting in February, which motion was seconded and adopted 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. The Codes, Fair and Farmers Market and Public Works Committees recommended deferment. Mr. Gotto moved to defer the bill on second reading, which motion was seconded and adopted 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. The Budget and Finance and Public Works 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.
An ordinance authorizing the Metropolitan Government to participate with Drees Homes to provide public sewer service in Williamson County for Project No. 04-SL-0195. The bill was approved by the Budget and Finance and Public Works Committees. 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 Metropolitan Government to enter into Utility Relocation Contract No. 7220, with the State of Tennessee, Department of Transportation, Project No. 19959-2546-94, to relocate certain facilities, located on the public highway right-of-way of the Chestnut Street Bridge over CSX R/R, LM 1.57, located in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. 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 amending Section 2.44.210 of the Metropolitan Code to allow the Chief of Police of the Metropolitan Nashville Police Department to contract with smaller cities within the area of the Metropolitan Government to provide extra-duty police services. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Todd 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 7.08.140 of the Metropolitan Code to prohibit the sale of single cans or bottles of beer by off-sale permit holders in certain areas of Nashville. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Jameson moved to defer the bill on second reading at the request of the sponsor, which motion was seconded and adopted by a voice vote of the Council.
An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before October 7, 2008. The bill was approved by the Rules-Confirmations-Public Elections Committee. 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 approving a master agreement between The Metropolitan Government of Nashville and Davidson County and Fifth Third Bank for the purpose of stabilizing the net expense incurred in the purchase of gasoline and/or diesel fuel. The bill was approved by the Budget and Finance Committee with an amendment. Mr. Forkum offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Forkum 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 authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of real property located at the southeasterly corner of Hamilton Church Road and Mt. View Road, further described as a portion of Tax Map 164-00, a portion of Parcels 196 and 193 (Proposal No. 2009M-002PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Forkum 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 Basswood Avenue right-of-way (Proposal No. 2008M-208U-3). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
Without objection Bill Nos. BL2008-232, BL2007-233 and BL2008-234 were considered together.
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 cancelling the McCrory Creek Business Park Planned Unit Development located at 851 McCrory Creek Road, 2984 Elm Hill Pike, McCrory Creek Road (unnumbered) and Neilworth Lane (unnumbered), at the northeast corner of Elm Hill Pike and McCrory Creek Road (69.09 acres), zoned CS and approved for 735,000 square feet of office uses, all of which is described here in (Proposal No. 2005P-034G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
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 cancelling a portion of the Niagara Place Planned Unit Development located at McCrory Creek Road (unnumbered) and Elm Hill Pike (unnumbered), at the end of Niagara Drive (25.08 acres), zoned R10 and approved for 90 single-family lots and proposed for Specific Plan zoning, all of which is described herein (Proposal No.110-84-G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
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 and R10 to SP zoning for the McCrory Creek development located at 559, 635, 637, 761, and 851 McCrory Creek Road, McCrory Creek Road (unnumbered), 2984 and 2998 Elm Hill Pike, Elm Hill Pike (unnumbered), and Neilworth Lane (unnumbered), on the south side of McCrory Creek Road north of I-40 (185.94 acres), zoning to permit 2,700,000 square feet office and retail/commercial space, all of which is described herein (Proposal No. 2008SP-013G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Stanley moved to defer the bills to the second meeting in February at the request of applicant LandDesign, Inc., which motion was seconded and adopted 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 BL2007-1482 of the previously approved Mt. Laurel Reserve Specific Plan for property located at Hicks Road (unnumbered), approximately 1,160 feet east of Sawyer Brown Road (36.25 acres), to permit the development of 129 townhomes where 106 townhomes were previously approved, all of which is described herein (Proposal No. 2007SP-081G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Crafton moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (30); “Noes” (0).
BILL NO. BL2008-333
Action on this bill was taken earlier in the meeting.
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (30); “Noes” (0).
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. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Page moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (30); “Noes” (0).
An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $4,900.00, plus reimbursement of training costs for Emergency Communications personnel. The bill was approved by the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (30); “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 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 and Planning, Zoning and Historical Committee. In the absence of the sponsor, the bill was deferred without objection, the bill being requested by Dale and Associates.
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; the Planning, Zoning and Historical Committee recommended deferment. Ms. Evans moved to defer the bill on third reading, the bill being requested by Sherry Carney Rogers, which motion was seconded and adopted by a voice vote of the Council
BILL NO. BL2008-357
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). Mr. McGuire offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2008-357
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 (13.43 acres), all of which is described herein (Proposal No. 2008Z-092U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “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 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 and Planning, Zoning and Historical Committee. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “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 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 and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “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 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “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 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Moore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Moore moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “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 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Holleman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Holleman moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “Noes” (0).
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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jernigan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
RESOLUTION NO. RS2008-589
A resolution requesting all departments and agencies of the Metropolitan Government of Nashville and Davidson County to stop purchasing, consuming and serving bottled water. Mr. Jameson offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2008-589
A resolution requesting all departments and agencies of the Metropolitan Government of Nashville and Davidson County to stop purchasing, consuming and serving bottled water. The substitute resolution was approved by the Budget and Finance and Public Works Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “Noes” (0).
A resolution requesting the Metropolitan Board of Fire and Building Code Appeals to grant automatic extensions for existing facilities that have filed appeals seeking relief from the automatic sprinkler requirement while Ordinance No. BL2008-350 is pending with the Metropolitan Council. The resolution was approved by the Codes, Fair and Farmers Market Committee. Mr. Craddock moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “Noes” (0).
A resolution requesting the Metropolitan Board of Parks and Recreation and the Director of Public Property Administration to take the action necessary to acquire the Park Preserve property located between Brick Church Pike and Whites Creek Pike for use as a public park. The Parks, Library and Recreation Committee recommended deferment. Mr. Harrison moved to defer the resolution to the second meeting in March, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Tennessee Valley Authority not to pass the cost of cleanup for the Kingston Fossil Plant ash spill on to the ratepayers of Nashville and Davidson County. The resolution was approved by the Public Works Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Maynard, Harrison, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (29); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.