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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in adjourned session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Charlie Tygard.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd and President Neighbors (37); Absent: Cole, Jernigan, Evans, Mitchell (4).
The Minutes of the regular meeting of July 21, 2009, were approved.
Vice Mayor Neighbors announced that the election of a President Pro Tempore and two members of the Audit Committee will be held at first meeting in September. The election of Planning, Zoning and Historical Committee and Traffic and Parking Committee chairs will be held at the first meeting in October.
The following proposed amendment to the Rules of Procedure of the Metropolitan Council was distributed and will be considered at the next regular meeting of Council:
Rule 14 of the 2007-2011 Council Rules of Procedure is amended by deleting the following provision in its entirety:
“, and except for zoning matters, budget, revenue service charges or tax measures, no ordinance may be
amended after second reading”
- ELECTIONS AND CONFIRMATIONS -
Auditorium Commission
Reappointment of Ms. Aleah Armstrong for a term expiring June 30, 2012. 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.
Reappointment of Ms Adrienne Lippard for a term expiring June 30, 2012. 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.
Human Relations Commission
Reappointment of Mr. Dennis Nunez for a term expiring April 18, 2012. At the request of the nominee, the confirmation was deferred.
Tourism and Convention Commission
Appointment of Mr. David Glasgow for a term expiring June 30, 2012. 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.
Reappointment of Mr. Hank Locklin for a term expiring June 30, 2012. 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.
Reappointment of Mr. Johnny Walker for a term expiring June 30, 2012. At the request of the nominee, the confirmation was deferred.
- RESOLUTIONS -
A resolution accepting an American Recovery and Reinvestment Act of 2009 (ARRA) Edward Byrne Memorial Justice Assistance Grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Defender’s Office, to provide aid to at risk youth. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
A resolution approving an application for a Juvenile Accountability Block Grant (JABG) from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Juvenile Court. The resolution was approved by the Budget and Finance Committee. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
A resolution approving an application for the Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
A resolution approving Amendment One to the ARRA State Justice Assistance Grant for Victim Intervention from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to pay for translators for counseling and CJS advocacy. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
A resolution approving an application for a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, to provide funding for the renovation and building of a fire station pursuant to the American Recovery and Reinvestment Act. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
A resolution approving a renewal of the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange for the provision of services under the Minority AIDS Initiative (MAI). 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “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, to provide rape prevention services to Davidson County residents. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “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, to provide for adolescent pregnancy program services. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “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, to provide public health activities to enhance the health and well-being of women, infants, and families. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
A resolution approving an application for an American Recovery and Reinvestment Act (ARRA) Strengthening Communities – Capacity Building Grant from the U. S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Social Services Commission, to provide capacity building services to nonprofit organizations. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
A resolution to appropriate American Recovery and Reinvestment Act funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program. 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
A resolution approving an agreement between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metro Department of Public Works, to enhance a traffic signal at Murfreesboro Road and Millwood Drive under the Murfreesboro Road Bridge over Mill Creek. 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, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (36); “Noes”(0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Section 10.64.015 of the Metropolitan Code pertaining to fire flow requirements for single-family homes constructed on larger lots in the General Services District. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to modify regulations and standards applying to the keeping of domestic and exotic animals in Nashville and Davidson County, all of which is more particularly described herein (Proposal No. 2009Z-033TX-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.
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 Specific Plan District approved by Substitute Ordinance No. BL2009-388 for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to allow automobile sales and automobile service as additional uses, all of which is described herein (Proposal No. 2009SP-003-002). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to R10 zoning for property located at Colfax Drive (unnumbered), approximately 250 feet south of Allen Road (0.3 acres), all of which is described herein (Proposal No. 2009Z-026PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a previously approved Council Bill BL2002-1223 to clarify which conditions of that ordinance apply to the Planned Unit Development proposed for property located at 765 Preston Road and a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, all of which is described herein (Proposal No. 2009Z-027PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a request for preliminary approval for the Preston Hills Residential Planned Unit Development for property located at 765 Preston Road and for a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, to permit 42 single-family lots, all of which is described herein (Proposal No. 2009P-003-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending Council Bill BL2007-1409 for a portion of the previously approved High Point Specific Plan District located at 6640 Nolensville Pike, approximately 610 feet north of Concord Hills Drive (4.25 acres), to add "retail" as a permitted use in the SP district, all of which is more particularly described herein (Proposal No. 2007SP-040-001). 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.
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 request for preliminary and final site plan approval for a proposed Planned Unit Development located at 1400 McGavock Pike, at the southeast corner of McGavock Pike and Riverside Drive, zoned CN (0.18 acres), to permit an existing 3,419 square foot restaurant an exemption from beer regulations requiring a 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-002-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 to IWD zoning for a portion of property located at 2506 Brick Church Pike, approximately 2,050 feet north of W. Trinity Lane (7.4 acres), all of which is described herein (Proposal No. 2009Z-029PR-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.
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 SP to RS10 zoning for properties located at 3017-A and 3019-A New Natchez Trace, approximately 290 feet north of Sterling Road (0.68 acres), all of which is described herein (Proposal No. 2009Z-025PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of the Williamsburg at Brentwood Planned Unit Development District Overlay on property located at 5845 Cloverland Drive, approximately 545 feet west of Saddlewood Lane, approved for six single-family lots (2.99 acres), zoned R40, all of which is described herein (Proposal No. 94P-016-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 and RM20 zoning to SP for properties located at 3910, 3914, 3916, 3920, 3922, and 3926 Cross Creek Road and 2215, 2217, and 2219 Abbott Martin Road, at the southeast corner of Abbott Martin Road and Cross Creek Road (7.89 acres), to permit up to 270 multi-family residential units and one single-family residential unit, all of which is described herein (Proposal No. 2009SP-009-001). Mr. Todd moved to defer the bill indefinitely, the bill being requested by Fiveash Development, 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 changing from CN to SP zoning for property located at 1516 Ordway Place, at the southwest corner of Ordway Place and North 16th Street (0.12 acres), to permit a two-story mixed-use building with six residential dwelling units and 1,167 square foot of commercial/office spaces, located within the Five Points Redevelopment District and the Lockeland Springs Neighborhood Conservation Overlay, all of which is described herein (Proposal No. 2009SP-012-001). 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.
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 previously approved Planned Unit Development district for property abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified CL and approved for various retail, office and restaurant uses, to modify the condition pertaining to the use of $50,000 for improvements to Franklin Pike Circle, all of which is more particularly described herein (Proposal No. 94P-009-001). 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.
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, MUL, and R6 to SP zoning for properties located at 1501 and 1505 9th Avenue North, 9th Avenue North (unnumbered), and 906 Cheatham Place, at the northwest corner of 9th Avenue North and Cheatham Place (0.77 acres), to permit a three-story, 38 unit multi-family complex, all of which is described herein (Proposal No. 2009SP-007-001). 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 prohibiting handguns within Metropolitan Government parks, and amending Section 13.24.440 of the Metropolitan Code pertaining to the prohibition against firearms within parks. The bill was approved by the Parks, Library and Recreation Committee; the Public Safety-Beer and Regulated Beverages Committee disapproved the bill. Mr. Maynard moved to pass the bill on second reading, which motion was seconded and adopted by a roll call vote of the Council.
An ordinance naming the observation towers overlooking Public Square Park in honor of Thomas Shriver. The bill was approved by the Parks, Library and Recreation Committee. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abolishing the Community Education Alliance and amending Chapter 2.160 of the Metropolitan Code to create a new Community Education Commission. The bill was approved by the Education Committee. Mr. Holleman 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 11.20 of the Metropolitan Code to prohibit the Metropolitan Government from discriminating on the basis of sexual orientation or gender identity through its employment practices. The bill was disapproved by the Personnel-Public Information-Human Relations-Housing Committee. Ms. Barry moved to defer the bill, which motion was seconded. Mr. Duvall moved to table the motion to defer, which motion was seconded and failed by a roll call vote. The matter recurred on the motion to defer, which motion was adopted by a roll call vote.
An ordinance amending Title 16 of the Metropolitan Code regarding sustainable development design standards for new and renovated Metropolitan Government buildings and facilities to allow an alternative to LEED certification based upon lowered measured energy use. The Codes, Fair and Farmers Committee recommended indefinite deferment. Mr. Dominy moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and The Land Trust for Tennessee, Incorporated, for The Land Trust to provide planning and management services to enable an Open Space Planning project to be conducted and for the parties to enter into a cost sharing arrangement in connection therewith. The bill was approved by the Budget and Finance and Parks, Library and Recreation 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 authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7313, with the State of Tennessee, Department of Transportation, Project No. 19003-3191-44, to construct PIN Number 1014390.1, Interchange at Briley Parkway/Robertson Avenue (Phase 2) LM 12.46 to 13.93, in Nashville, located in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 401 Edenwold Road, 1398 County Hospital Road, 937 Herman Street, 8200 Highway 100, 4210 A Harding Pike, 3366 Briley Park Boulevard South, 6604 Charlotte Pike, Nolensville Pike, 6640 Nolensville Pike, 705 Drexel Street, 306 White Bridge Pike, 800 Main Street, Cecilia Avenue, 1802 20th Avenue South, and 715 Massman Drive. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing 315 Union Street Holdings, LLC to install, construct and maintain an aerial and underground encroachment for Union Street Plaza and Hotel Indigo at 315 Union Street (Proposal No. 2009M-009EN-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committee. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing Charlotte Road Baptist Church to install, construct and maintain a sign encroachment at 7511 Charlotte Pike (Proposal No. 2009M-008EN-001). The bill was approved by the Planning Commission Planning, Zoning and Historical Committees; the Public Works Committee recommended deferment. Mr. Crafton moved that the action of the Council serve as the report of the Committee of the Whole, which motion which motion was seconded and adopted without objection. Mr. Crafton moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
SUBSTITUTE BILL NO. BL2008-350
An ordinance amending Title 10 of the Metropolitan Code to adopt the 2006 International Fire Code, as amended, for use throughout the Metropolitan Government, and the 2006 NFPA 101 Life Safety Code, as amended, for certain occupancies. The bill was approved by the Codes, Fair and Farmers and Public Safety-Beer and Regulated Beverages Committees. Mr. Hodge moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Harrison, Hunt, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (32); “Noes”(0).
BILL NO. BL2009-462
An ordinance amending Chapter 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to add requirements pertaining to telephone service towers, all of which is more particularly described herein (Proposal No. 2009Z-009TX-001). Mr. Coleman offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2009-462
An ordinance amending Chapter 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to add requirements pertaining to telephone service towers, all of which is more particularly described herein (Proposal No. 2009Z-009TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Wilhoite offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Harrison, Hunt, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (32); “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 R40 to SP zoning for properties located at 1103, 1105, and 1111 Battery Lane, approximately 1,500 feet east of Granny White Pike (7.4 acres), to permit up to 13 single-family lots, all of which is described herein (Proposal No. 2009SP-008-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Todd moved to defer the bill, the bill being requested by Aubrey B. Harwell, Jr. Trustee, 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, to add “Wind Energy Facility (small)” and “Wind Energy Facility (utility)” as land uses, all of which is more particularly described herein (Proposal No. 2009Z-006TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Harrison, Hunt, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (32); “Noes”(0).
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 March 17, 2009. The bill was approved by the Rules-Confirmations-Public Elections 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, Harrison, Hunt, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (32); “Noes”(0).
An ordinance amending Section 4.20.030 of the Metropolitan Code of Laws pertaining to performance and payment bonds. The bill was approved by the Budget and Finance 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, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes”(0).
An ordinance approving the lease of space in the 222 Building to Joe Suarez and Sung Cha Suarez, dba Take-A-Break, for the continued operation of a snack shop (Proposal No. 2009M-008PR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical 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, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes”(0).
An ordinance abandoning 1,240 feet of an existing 8 inch water main and 3 fire hydrants and abandoning 720 feet of an existing 8 inch sewer line and 2 manholes and the respective easements in connection with Project 09-SL-0002 and Project 09-WL-0001, shown on Map 107, Parcels 167, and Parcels 171-174, on Piedmont Natural Gas-Nashville Operations property, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-026ES-02). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes”(0); “Abstaining” Wilhoite (1).
An ordinance abandoning a 10 foot public utility easement in connection with Project 09-WG-0004, 915 Otter Creek Road, shown on Map 146-13, Parcel 001.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-013ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes”(0).
An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled Exhibits A-C and described below (Proposal No. 2009M-007PR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes”(0).
An ordinance approving an amendment to the Intergovernmental Agreement between the Metropolitan Government of Nashville and Davidson County and the Hospital Authority of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes”(0).
An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County and the Board of Trustees of the Blakemore Primitive Baptist Church, for the establishment and exchange of easement rights for properties located at 2401 and 2411-B Blakemore Avenue, Nashville, Tennessee 37212, and authorizing the Metropolitan Mayor to execute said agreement (Proposal No. 2009M-038ES-001). The bill approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Ms. LaLonde moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes”(0).
An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes”(0).
An ordinance approving an agreement between the Metropolitan Government and Summerfield Village, LLP pertaining to funding for storm water infrastructure improvements near Summercrest Boulevard and Murfreesboro Road. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes”(0).
An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in public projects described in the plans for 1611 Cahal Avenue, 1610 and 1608 Emerson Street (Proposal No. 2008M-157U-5). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes”(0).
An ordinance abandoning a 20 foot public utility easement in connection with Project 08-SG-0103, 544 McMurray Drive, shown on Map 161-03, Parcel 160.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2007M-061U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (34); “Noes”(0).
An ordinance abandoning a 10 foot public utility drainage easement in connection with Project 09-D-00029, 8212 Ramstone Way, shown on Map 182-06-A, Parcel 173.00CO and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-037ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes”(0).
An ordinance abandoning easement rights within the Old 11th Avenue right-of-way through Map 093-09, Parcel 334.00 and Map 093-09, Parcel 333.00 as created by Bill Number BL2006-930 in connection with Project 09-AB-0001, Pine Street Abandonment and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-045ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Jameson, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (33); “Noes”(0).
- MEMORIALIZING RESOLUTION -
RESOLUTION NO. RS2009-833
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to repeal the state law provisions allowing pools owned and operated by a multi-family residential housing homeowners’ associations that are not in compliance with applicable health regulations to remain open. Ms. Wilhoite offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a roll call vote.
SUBSTITUTE RESOLUTION NO. RS2009-833
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require pools owned and operated by multi-family residential housing homeowners’ associations to come into compliance with applicable health regulations within two years. The resolution was approved by the Health, Hospitals and Social Services Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Maynard, Harrison, Hunt, Murray, Jameson, Forkum, Ryman, Stanley, Moore, LaLonde, Gilmore, Langster, McGuire, Adkins, Wilhoite, Coleman (16); “Noes” Garrett, Tygard, Craddock, Bennett, Gotto, Burch, Claiborne, Baker, Crafton, Foster, Hodge, Toler, Duvall, Todd (14); “Abstaining” Steine, Page, Dominy (3).
Upon motion duly seconded, the meeting was adjourned.