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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.
President Pro Tempore Adkins presided in the absence of President Neighbors.
The invocation was offered by David Vaughn of the Antioch Church of Christ.
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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (31); Absent: Barry, Murray, Burch, Gilmore, Langster, Crafton, Evans, Todd, Neighbors (9).
The Minutes of the special and regular meetings of March 3, 2009, were approved.
- ELECTIONS AND CONFIRMATIONS -
The President Pro Tempore called for nominations to fill one (1) vacancy on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. Ms. Moore nominated Mr. Frank Stevenson; Mr. Steine nominated Mr. Richard L. Fulton; Mr. Duvall nominated Mr. Geric G. Smith. There being no further nominations, Mr. Adkins moved that nominations be closed, which motion was seconded and adopted by a voice vote of the Council. The nominees were referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.
Reappointment of Mr. David Ewing for a term expiring February 26, 2014. 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 calling the Metropolitan Board of Equalization into regular session beginning June 1, 2009 and special session beginning June 22, 2009. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution appropriating the sum of One Hundred Sixty-Five Thousand Dollars ($165,000) from the undesignated fund balance of the Community Education Enterprise Fund to certain accounts for the benefit of the Community Education Alliance. The resolution was approved by the Budget and Finance and Education Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution appointing a Community Education Task Force to study the changing role of Community Education, and determine how community education may best serve the needs of the residents of Nashville and Davidson County. The Education Committee recommended deferment. Mr. Forkum moved to suspend the rules to override the committee recommendation, and no objection was made. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Matthews, Harrison, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Stanley, Claiborne, Moore, Wilhoite, Hodge, Toler, Coleman, Mitchell (17); “Noes” Tygard, Hunt, Craddock, Gotto, Baker, Holleman, McGuire, Foster, Dominy, Duvall (10); “Abstaining” Steine, Page (2).
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 to provide training to thirty apprentices in the Plumber and Pipefitter Apprenticeship Program (09-09-FY9-6AP-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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution authorizing the director of the Department of Codes Administration to add the National Green Building Standard as a protocol for sustainable design development as part of the “Green Permit” provisions established pursuant to Section 16.36.050 of the Metropolitan Code. The resolution was approved by the Codes, Fair and Farmers Market Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution accepting the Pamper Me Well Grant from the March of Dimes Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Health, for a program that addresses the health of women in the preconception period. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the provision of immunization program activities and staffing. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution accepting a grant from the Monroe Carell, Jr. Children’s Hospital at Vanderbilt to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Parks and Recreation, to fund part-time positions to assist with parent training on obesity prevention and school success. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution accepting a grant from the Friends of Beaman Park to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks Department, to provide part-time staffing for the Non-Native Invasive Plant Management and Landscape Restoration Program. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution authorizing the Director of Public Property, or his designee, to acquire property by purchase and/or donation from the Harpeth Youth Soccer Association to The Metropolitan Government of Nashville and Davidson County for a certain parcel of property for use as park land (Proposal No. 2009M-003PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution approving an application for a Regional Training Center Grant for the Gang Resistance Education and Training Program (GREAT) from the U.S. Department of Justice to provide training and certification of officers. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution approving an amendment to a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for a Gang Resistance Education and Training Program. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution approving an intergovernmental agreement by and between the United States Department of the Treasury and The Metropolitan Government of Nashville and Davidson County to allow authorized police personnel access to certain information under the Bank Secrecy Act. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County to support programs to prevent, respond to, and recover from incidents of terrorism. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution authorizing the Metropolitan Mayor to accept a grant contract for final payment from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for the purchase and removal of homes on Wimpole Drive which lie in a flood plain. 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution approving the exercise of fee simple acquisition option for the purchase of various flood prone property, for Metro Water Services Project No. 02-D-149 (Proposal No. 2002M-111U-12). The resolution was approved by the Planning Commission, Budget and Finance, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 600,043 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the water line at M.P. 3.11 and 3.24, Nashville, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 600,044 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the water line at M.P. 3.29, Nashville, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
An resolution authorizing the acquisition of property by negotiation or condemnation for additional parcels to Bill No. 2007-52 for acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 07-SG-0149, Sanitarium Road Sewer Extension (Proposal No. 2008M-088G-4). The resolution was approved by the Planning Commission, Budget and Finance, Public Works 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution authorizing Vanderbilt University to install, construct, and maintain an aerial telecommunications cable as an encroachment (Proposal No. 2009M-001EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Matthews, on behalf of the sponsor, moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution authorizing Midtown Millworks, G.P. to install, construct and maintain an aerial encroachment at 1702 Charlotte Avenue (Proposal No. 2009M-003EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Matthews, on behalf of he sponsor, moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution authorizing Lester L. Turner Trust for Liggett Building to install, construct, and maintain an aerial encroachment at 200 Second Avenue South (Proposal No. 2009-002EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
- 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 amending Ordinance No. BL2005-543 to modify a condition pertaining to the restriction of access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (2009Z-015PR-001). Mr. Mitchell moved to defer the bill to the second meeting in April, while involved parties continue to address problems with the proposal, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 10 of the Metropolitan Code pertaining to the posting and dissemination of calorie information on restaurant menus and menu boards. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services Committee by the following vote: “Ayes” Garrett, Tygard, Harrison, Craddock, Bennett, Forkum, Ryman, Gotto, Baker, Adkins, Foster, Dominy, Hodge, Toler, Duvall (15); “Noes” Maynard, Matthews, Hunt, Jameson, Cole, Jernigan, Stanley, Page, Moore, Holleman, McGuire, Wilhoite, Coleman, Mitchell (14); “Abstaining” Steine (1).
An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to amend the definition of "mobile vendor" to exempt occasional fundraising activity by nonprofit organizations (Proposal No. 2009Z-005TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
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 Committee and Public Works Committees recommended deferment. Pursuant to Rule No. 28 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.
An ordinance amending Chapter 2.64 of the Metropolitan Code pertaining to the employment of former members of Metropolitan Government boards and commissions. The Rules-Confirmations-Public Elections Committee recommended deferment. Ms. Wilhoite, at the request of the sponsor, moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 3 of the Metropolitan Code by authorizing in-line-of-duty medical treatment for Metropolitan Government employees who are not regularly employed. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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 amending Section 12.40.200 of the Metropolitan Code pertaining to the starting of parked vehicles. The Public Safety-Beer and Regulated Beverages Committee recommended indefinite deferment. Mr. Craddock moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, and Gaylord Entertainment Company for the use of a boat ramp on the Cumberland River (Proposal No. 2009M-001OT-001). The bill was approved by Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Ms. Bennett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Bennett 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 abandoning an 8 inch water line and easement, and accepting a replacement 8 inch water line and easement, as shown on Map 104-12, Parcels 352 and 353, Project 08-WL-0080, Belmont University School of Pharmacy, 1510 Acklen Avenue and 1515 Wedgewood Avenue and authorizing the execution of any documents needed to execute the abandonment (Proposal No. 2008M-207U-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 second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 6.04 of the Metropolitan Code to prohibit the placement and distribution of unauthorized advertisements in publications. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. McGuire moved to pass the bill on second reading and refer the bill to the Public Safety-Beer and Regulated Beverages Committee, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a memorandum of understanding between The Metropolitan Government of Nashville and Davidson County and Belmont University to create a Joint Information Center on the Belmont University campus in the event of a major disaster. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-WW and described below (Proposal No. 2009M-005PR-001). The bill was approved by the Planning Commission. The bill was approved by the Planning Commission, Budget and Finance, 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.
- BILLS ON THIRD 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 applying a Neighborhood Conservation Overlay for various properties on both sides of Whitland Avenue between Wilson Boulevard South and Bowling Avenue, zoned R8 (19.61 acres), all of which is described herein (Proposal No. 2008Z-079U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
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 May, the bill being requested by Dale and Associates, 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 bill was disapproved by the Codes, Fair and Farmers Market and Public Works Committees; the Budget and Finance Committee recommended deferment. Pursuant to Rule No. 28 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.
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 and Planning, Zoning and Historical Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (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 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 and Planning, Zoning and Historical Committee. Mr. Matthews, on behalf of the sponsor, moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
SUBSTITUTE BILL NO. BL2009-382
An ordinance amending Chapter 8.04 of the Metropolitan Code pertaining to the fees for the impoundment and boarding of dogs running at large. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County and the Tennessee Coalition Against Domestic and Sexual Violence to provide enhanced victim notification services. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
Without objection Bill Nos. BL2009-386 and BL2009-387 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 changing from R6 to CS zoning for property located within a portion of the Charlotte Center Planned Unit Development at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, all of which is described herein (Proposal No. 2008Z-068U-07). 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 amending a portion of the Charlotte Center Planned Unit Development located at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, zoned R6 and proposed for CS (15.94 acres), to permit 153,231 square feet of retail, restaurant, commercial amusement (indoor), and financial institution uses where 134,578 square feet of retail, restaurant and commercial amusement (indoor) were previously approved, all of which is more particularly described herein (Proposal No. 1-72-U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Baker offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.
Mr. Baker moved to pass the bills on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
BILL NO. BL2009-388
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 and final site plan approval for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to permit wrecker service and automobile repair uses, all of which is described herein (Proposal No. 2009SP-003-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2009-388
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to permit wrecker service and automobile repair uses, all of which is described herein (Proposal No. 2009SP-003-001). Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (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 AR2a and RM20 to SP zoning properties located at 1452, 1450, 1448, 1446, and 1444 Bell Road, approximately 3,515 feet west of Blue Hole Road (40.21 acres), to permit the development of multi-family dwelling units, commercial, office and retail uses, all of which is described herein (Proposal No. 2007SP-037U-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (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 applying an Institutional Overlay District to Fisk University located east of Dr. D.B. Todd Boulevard, along 16th Avenue North, 17th Avenue North, Herman Street, Jackson Street, Jefferson Street, Meharry Boulevard, and Phillips Street (44.23 acres), zoned RM20 and within the Jefferson Street Redevelopment District, to identify the proposed campus boundaries and future university planning efforts, all of which is described herein (Proposal No. 2008IN-002U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (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 amending the preliminary plan for the Nashville West Planned Unit Development located at 6702, 6704, 6708, 6734, 6806, 6814, and 6816 Charlotte Pike and Charlotte Pike (unnumbered), located between Summerly Drive and I-40 (53.16 acres), to increase the overall PUD square footage from 521,921 to 527,458 square feet of retail, office, and restaurant uses and to eliminate the approved 24 multi-family units, zoned SCR, all of which is more particularly described herein (Proposal No. 2004P-036-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
Without objection Bill Nos. BL2009-393 and BL2009-394 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 changing from SCN to CS zoning property located within a Commercial Planned Unit Development at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), all of which is described herein (Proposal No. 2009Z-001PR-001). 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 amending a portion of the Commercial Planned Unit Development located at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), to permit a 45,773 square foot self-service storage facility, and a possible future park, all of which is more particularly described herein (Proposal No. 8-65P-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Harrison moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
SUBSTITUTE BILL NO. BL2009-396
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 OR20 to SP zoning a portion of property located at 619 Due West Avenue, approximately 1,000 feet west of S. Graycroft Avenue (0.05 acres), all of which is described herein (Proposal No. 2009Z-007PR-001). 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, Tygard, Matthews, Harrison, Hunt, Craddock, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Baker, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall (24); “Noes” Maynard, Cole, Stanley (3); “Abstaining” Steine (1).
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 applying a Historic Preservation Overlay District to 11 properties located at 4903, 4905, 4907, 4909, 4910, 4911, 4914, and 4918 Tanglewood Drive North, Tanglewood Drive North (unnumbered) and Tanglewood Court (unnumbered), all of which is described herein (Proposal No. 2009Z-001HP-001). 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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (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 AR2a and CS to IWD zoning a portion of property located at 4032 Stewarts Lane, approximately 1,050 feet south of Ashland City Highway (4.46 acres), all of which is described herein (Proposal No. 2008Z-094U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (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 CN to SP zoning properties located at 7860 Learning Lane and 8236 Collins Road, at the northeast corner of Collins Road and Learning Lane (1.58 acres), to permit a 15,824 square foot day care center for up to 175 children, all of which is described herein (Proposal No. 2009SP-001-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (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 R6 to OR20 zoning a portion of property located at 361 Flora Maxwell Road (0.25 acres), approximately 205 feet east of Nolensville Pike, all of which is described herein (Proposal No. 2009Z-003PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hodge moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (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 making applicable the provisions of a proposed Planned Unit Development located at 97 Chapel Avenue, at the northwest corner of Chapel Avenue and Eastland Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.26 acres), to permit the existing restaurant of approximately 2,490 square feet an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, all of which is described herein (Proposal No. 2009P-001-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
SUBSTITUTE BILL NO. BL2009-407
An ordinance amending Sections 15.20.045(A), 15.20.050, 15.32.020, 15.32.190(B), 15.36.040(A), 15.36.070, 15.44.020, 15.64.010, 15.64.015, 15.64.020, 15.64.031, 15.64.032 and 15.64.033 of the Metropolitan Code of Laws. The substitute bill was approved by the Budget and Finance and Public Works Committees. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
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 April, which motion was seconded and adopted by a voice vote of the Council.
A resolution expressing the Metropolitan Council’s intent that the construction of the proposed downtown convention center and convention hotel be funded solely by revenue bonds that are not backed by the full faith and credit of the Metropolitan Government. The Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees recommended deferment. In the absence of the sponsor the resolution was deferred.
A resolution expressing the Metropolitan Council’s desire that a fund be established to accept private donations for the purpose of funding English language classes at Cohn Adult Learning Center. The Education Committee recommended deferment. Mr. Holleman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to provide quarterly reports to the Metropolitan Council regarding the Board’s activity. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to impose mandatory sentences for felony criminal offenses without eligibility for parole. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Toler moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Baker, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (30); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.