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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Frank Harrison.
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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (41); Absent: (0).
The Minutes of the regular meeting of September 15, 2009, were approved.
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 25 of the 2007-2011 Council Rules of Procedure is hereby amended by deleting the second paragraph in its entirety and substituting with the following new paragraph:
“Memorializing and congratulatory resolutions shall not be presented on the first meeting of each odd month at which a public hearing is to be held regarding zoning bills. All presentations of memorializing and congratulatory resolutions shall be limited to five (5) minutes each, and no more than two (2) such presentations shall be allowed at any meeting of the Council. Further, Members of Council shall be limited to presenting two memorializing or congratulatory resolutions per year. For purposes of this Rule, one year shall be from September 1st to August 31st of the following calendar year. Members of Council wishing to make presentations of memorializing and congratulatory resolutions shall schedule the presentations with the Council Office. The Council Office shall schedule the presentations for each meeting on a first come, first served basis.”
- ELECTIONS AND CONFIRMATIONS -
Industrial Development Board
The President called for an election to fill three vacancies on The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for terms expiring August 23, 2015. Nominations previously made were: Mr. Nicholas D. Bailey, Mr. John C. Hobbs, Mr. Carnell Scruggs, and Mr. Walter T. Searcy III. The Rules-Confirmations-Public Elections Committee reported that the candidates had been interviewed and all were found qualified to serve.
A vote was taken, and the Clerk confirmed the vote as follows: Bailey: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holloman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (35); Hobbs: Garrett, Barry, Tygard, Steine, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Gilmore, Baker, Crafton, Evans, Holloway, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Duvall, Todd, Mitchell (32); Scruggs: Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Dominy, Wilhoite, Hodge, Coleman, Duvall, Mitchell (27); Searcy: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Murray, Jameson, Cole, Jernigan, Stanley, Page, Moore, LaLonde, Gilmore, Langster, Evans, Holloway, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd (26). The President declared that Messrs. Bailey and Hobbs were elected to The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for terms expiring August 23, 2015. A second vote was taken for the third seat on the Board, and the Clerk confirmed the vote as follows: Scruggs: Hunt, Craddock, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Baker, Langster, Crafton, McGuire, Adkins, Dominy, Hodge, Coleman, Duvall, Mitchell (19); Searcy: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Murray, Jameson, Cole, Jernigan, Page, Moore, LaLonde, Gilmore, Evans, Holleman, Foster, Wilhoite, Toler, Todd (21). The President declared that Mr. Searcy was elected to The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2015.
Planning, Zoning and Historical Committee
The President called for nominations to elect a chair of the Planning, Zoning and Historical Committee for a two-year term expiring August 31, 2011. Mr. Hunt nominated Mr. Gotto. There being no further nominations, the President declared the nominations closed and Mr. Gotto was elected by a voice vote of the Council.
Traffic and Parking Committee
The President called for nominations to elect a chair of the Traffic and Parking Committee for a two-year term expiring August 31, 2011. Mr. Tygard nominated Mr. Burch, and Ms. Wilhoite placed her name in nomination. There being no further nominations, the President declared the nominations closed and the following vote was taken: Burch: Garrett, Tygard, Steine, Matthews, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Page, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd (28); Wilhoite: Barry, Maynard, Harrison, Murray, Claiborne, Moore, LaLonde, Gilmore, Langster, Evans, Wilhoite, Mitchell (12). The President declared that Mr. Burch was elected to serve as chair of the committee.
Community Education Commission
Appointment of Ms. Jo-Ann Heidenreich for a term ending October 1, 2011. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Ms. Suzy Newton for a term ending October 1, 2011. At the request of the nominee, the nomination was withdrawn.
Appointment of Mr. Bernard Pickney for a term ending October 1, 2010. At the request of the nominee, the confirmation was deferred.
Appointment of Mr. Vernon Dixon for a term expiring October 6, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Zev Goering for a term expiring October 6, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
The President announced that one vacancy remains on this Commission for a representative of an education advocacy group, which seat is to be filled by election of the Council. Nominations must be filed with the Metropolitan Clerk not later than 4:00 pm on Tuesday, October 13, 2009. Nominees will be 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.
Convention Center Commission
Appointment of Mr. Dwayne Bell for a term expiring June 7, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Erika Wollum Nichols for a term expiring June 7, 2012. At the request of the nominee, the confirmation was withdrawn.
Fire and Building Codes Appeals Board
Appointment of Mr. Eddie Hutton for a term expiring March 1, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Procurement Standards Board
Reappointment of Mr. David Williams II for a term expiring March 1, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- RESOLUTIONS -
A resolution confirming the appointment of Vonda McDaniel to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Mitchell (31); “Noes” Tygard, Gotto, Dominy, Duvall (4); “Abstaining” Craddock, Jameson, Crafton, Evans, Todd (5).
A resolution confirming the appointment of Leo Waters to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Mitchell (32); “Noes” Gotto (1); “Abstaining” Hunt, Craddock, Jameson, Crafton, Evans, Duvall, Todd (7).
A resolution confirming the appointment of William E. McDonald to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Mitchell (34); “Noes” (0); “Abstaining” Jameson, Crafton, Evans, Holleman, Duvall, Todd (6).
A resolution confirming the appointment of Darrell A. Drumwright to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Mitchell (32); “Noes” Duvall (1); “Abstaining” Craddock, Jameson, Gotto, Crafton, Evans, Holleman, Todd (7).
A resolution confirming the appointment of W. Lucas Simons to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Murray, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Mitchell (31); “Noes” (0); “Abstaining” Matthews, Hunt, Craddock, Jameson, Jernigan, Crafton, Evans, Duvall, Todd (9).
A resolution confirming the appointment of Mona Lisa Warren to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Mitchell (31); “Noes” (0); “Abstaining” Matthews, Craddock, Jameson, Gotto, Crafton, Evans, Holleman, Duvall, Todd (9).
A resolution confirming the appointment of C. Mark Arnold to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Murray, Cole, Bennett, Forkum, Ryman, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Mitchell (29); “Noes” Craddock, Gotto, Duvall (3); “Abstaining” Tygard, Jameson, Jernigan, Crafton, Evans, Holleman, Dominy, Todd (8).
A resolution confirming the appointment of Marty G. Dickens to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Harrison, Hunt, Craddock, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (33); “Noes” (0); “Abstaining” Matthews, Jameson, LaLonde, Crafton, Evans, Dominy, Todd (7).
A resolution confirming the appointment of Ken Levitan to the initial board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Harrison, Murray, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Mitchell (30); “Noes” (0); “Abstaining” Tygard, Matthews, Hunt, Craddock, Jameson, Crafton, Evans, Dominy, Duvall, Todd (10).
RESOLUTION NO. RS2009-962
A resolution electing three members to the Board of Directors of the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. Mr. Gotto offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2009-962
A resolution electing three members to the Board of Directors of the Industrial Development Board of the Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Gotto 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution submitting to the Metropolitan Planning Commission a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located on Whites Creek Pike, all of which is more particularly described herein. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Hunt moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving an intergovernmental agreement by and between the State of Minnesota, through its Commissioner of Administration, Materials Management Division, and The Metropolitan Government of Nashville and Davidson County for cooperative purchasing. The resolution was approved by the Budget and Finance Committee. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution to approve the second amendment to the lease agreement between The Metropolitan Government of Nashville and Davidson County and Parkway Towers LLC for the use of space in the Parkway Towers Building (Proposal No. 2009M-015PR-001). The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving Amendment One to a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University Medical Center for the training of Vanderbilt medical residents in the Tuberculosis Elimination Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Tygard 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving Amendment Two to a grant from the Nashville Public Library Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, for the totally outstanding youth advocates for the library program. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution accepting 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 Regional Training Center to provide training and certification of officers. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees with an amendment. Mr. Steine 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 adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution accepting 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, to provide funding for salary and benefit expenses for fifty police officers 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. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution accepting 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. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
Without objection Resolution Nos. RS2009-971 and RS2009-972 were considered together.
A resolution approving an application for a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to provide funding to pay overtime and benefits for officers working in the Domestic Violence Warrant Reduction Initiative 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.
A resolution accepting a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to provide funding to pay overtime and benefits for officers working in the Domestic Violence Warrant Reduction Initiative 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. Steine moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving an application for a grant from the Tennessee Administrative Office of the Courts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville General Sessions Court, to provide funding for certified interpreters to work in civil related Order of Protection dockets pursuant to the American Recovery and Reinvestment Act. The resolution was approved by the Budget and Finance Committee. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with the Town of Nolensville for the construction, maintenance, and operation of a sewer system by The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, within the corporate limits of the Town of Nolensville. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing and providing for the financing of a drinking water system improvement project, including authorizing the execution of applications, contractual agreements, and other necessary documents in order to obtain a loan from the State of Tennessee for this purpose, and making certain representations regarding financing for loan repayment. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing and providing for the financing of the construction of a wastewater facilities project, including authorizing the execution of applications, contractual agreements, and other necessary documents in order to obtain a loan from the State of Tennessee for this purpose, and making certain representations regarding financing for loan repayment. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hunt 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0
A resolution approving amendments to agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing the Director of Public Property to exercise an option to purchase property (Tax Map 091-14, Parcel 108) for The Metropolitan Government of Nashville and Davidson County (Proposal No.2009M-018PR-001).
The resolution was approved by the the Planning, Zoning and Historical Committee; the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees approved the resolution with an amendment. Mr. Steine offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Steine moved to adopt the resolution as amended, which motion was seconded. Mr. Crafton moved to defer the resolution to the second meeting in November, which motion was seconded and adopted by a roll call vote of the Council.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Athens Food Services. The resolution was approved by the Budget and Finance Committee. Mr. Baker 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Debra Parman against The Metropolitan Government of Nashville and Davidson County for $18,000.00. The resolution was approved by the Budget and Finance Committee. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Kandiss Smith against The Metropolitan Government of Nashville and Davidson County for $6,200.00. The resolution was approved by the Budget and Finance Committee. Mr. Steine 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing Westview Condominium Association, Inc. to install, construct, and maintain an aerial encroachment at 180 9th Avenue North (Proposal No. 2009M-011EN-001). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Public Works Committee recommended deferment. Ms. Gilmore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing Martin Corner, G.P. d/b/a The Hue Tan and Swim, to install, construct, and maintain an aerial encroachment at 1012 Fatherland Street (Proposal Number 2009M-012EN-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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing MJM Real Estate Investments, LLC, d/b/a Ali Baba Restaurant, to install, construct, and maintain an aerial encroachment at 105 Broadway (Proposal No. 2009M-014EN-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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Title 5 of the Metropolitan Code of Laws to authorize a privilege tax on the sale of tickets to events at the municipal stadium. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees by a voice vote of the Council.
An ordinance amending Title 10 of the Metropolitan Code pertaining to the storage and disposal of scrap tires. 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 amending Title 12 of the Metropolitan Code pertaining to the restriction of parking near fire hydrants. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2009-2010. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance approving a new contract in lieu of performance bond between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, for the maintenance of the closed, Thermal Ash Monofill solid waste facility, combining the previously separated Thermal Ash Landfill Phase II and Thermal Ash Landfill Phase III contracts in lieu of performance bonds into one contract. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and the owner of 4906 Colorado Avenue, granting easement rights for property located adjacent to 4906 Colorado Avenue, Nashville, Tennessee (Planning No. 2009M-089ES-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Director of Public Property Administration, or his designee, to accept, execute and record a quitclaim deed from the State of Tennessee, acting by and through the Commissioner of Transportation, to the Board of Parks and Recreation of The Metropolitan Government of Nashville and Davidson County for a certain parcel of property with improvements consisting of an old steel truss bridge on Lebanon Road crossing Stones River (Proposal No. 2009M-016PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to permit adaptive reuse of commercial areas in the proposed Downtown Donelson Urban Design Overlay District, all of which is more particularly described herein (Proposal No. 2009Z-034TX-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 portion of the Whitland Crossing Planned Unit Development located on property at 420 Donelson Pike, approximately 210 feet south of Lakeland Drive (1.99 acres), zoned CL, to permit an 18,900 square foot office building where an 8,000 square restaurant was previously approved, all of which is more particularly described herein (Proposal No. 2005P-033-001). 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 R6 to SP zoning for property located at 1812 Pearl Street, at the northeast corner of Pearl Street and 19th Avenue North (0.16 acres), to permit an office and one single-family dwelling unit within the existing structure containing 924 square feet, all of which is described herein (Proposal No. 2009SP-016-001). 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 (Hickory Woods) to SP (Stones River Senior Living Community) zoning for properties located at 4222 Murfreesboro Pike, Murfreesboro Pike (unnumbered) and LaVergne Couchville Pike (unnumbered), at the southeast corner of LaVergne Couchville Pike and Murfreesboro Pike (13.09 acres), zoned SP, to permit a 77,000 square foot 124-bed skilled nursing facility and a 79,400 square foot 104-bed assisted-living facility, all of which is described herein (Proposal No. 2009SP-026-001). 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 CL to RS10 zoning for a portion of properties located at 381 and 385 Oakview Drive, on the western side of Dickerson Pike (1.49 acres), all of which is described herein (Proposal No. 2009Z-033PR-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.
BILL NO. BL2009-557
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 for properties located east of Ezell Pike along Carillon Drive, Southwind Drive, Town Park Drive, Citation Drive, Citation Court, Ladybird Court, Ladybird Drive, Honeyhill Drive, Honeyhill Court, Melvin Jones Drive and Ville Drive (101.51 acres), all of which is described herein (Proposal No. 2009Z-034PR-001). Mr. Dominy offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2009-557
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 for properties located east of Ezell Pike along Carillon Drive, Southwind Drive, Town Park Drive, Citation Drive, Citation Court, Ladybird Court, Ladybird Drive, Honeyhill Drive, Honeyhill Court, Melvin Jones Drive and D’Ville Drive (101.51 acres), all of which is described herein (Proposal No. 2009Z-034PR-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 R10 to MUN zoning for properties located within a portion of the Riverfront Shopping Center Planned Unit Development Overlay at 1220, 1230, 1246 and 1250 Robinson Road and at Robinson Road (unnumbered), approximately 250 feet north of Martingale Drive (13.49 acres), all of which is described herein (Proposal No. 2009Z-031PR-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 portion of the Riverfront Shopping Center Planned Unit Development located at 1220, 1230, 1246, and 1250 Robinson Road and Robinson Road (unnumbered), approximately 250 feet north of Martingale Drive, zoned R10 and proposed for MUN (13.49 acres), to permit a 96,830 square foot nursing home containing 159 beds and an 899 square foot accessory structure, all of which is more particularly described herein (Proposal No. 103-79P-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 applying the Urban Design Overlay (UDO) district to be known as the "Downtown Donelson UDO" to properties located on Lebanon Pike from Briley Parkway to Stewarts Ferry Pike, and on Old Lebanon Pike, J.B. Estille Drive, Donelson Pike, Fairway Drive, McGavock Pike, Crump Drive, Park Drive, Graylynn Drive, Cliffdale Drive, and Benson Road (229.35 acres), to establish sign and development standards, all of which is more particularly described herein, (Proposal No.2009UD-001-001). 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 R15 and RS20 to SP zoning for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to convert the existing residence into a regional tourist attraction known as "Plowboy Mansion" to permit special events, restaurant, tours of the residence, artisan distillery and micro-brewery, visitor center, specialty retail, seasonal performance entertainment venue, shuttle bus transportation around the facility, and memorabilia museum, all of which is described herein (Proposal No. 2009SP-022-001). 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 Neighborhood Landmark Overlay for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), zoned as R15 and RS20, to allow for the conversion of the existing residence into a regional tourist attraction known as "Plowboy Mansion" to permit special events, restaurant, tours of the residence, artisan distillery and micro-brewery, visitor center, specialty retail, seasonal performance entertainment venue, shuttle bus transportation around the facility, and memorabilia museum, all of which is described herein (Proposal No. 2009NL-001-001). 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 OR40 to MUL zoning for property located within a portion of the Seven Springs Planned Unit Development Overlay at 330 Seven Springs Way, opposite Cloverland Drive (10.94 acres), all of which is described herein (Proposal No. 2009Z-028PR-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 portion of the Seven Springs Planned Unit Development located on property at 310 and 330 Seven Springs Way, opposite Cloverland Drive (22.94 acres), zoned OR40 and proposed for MUL for a portion of the amended area, to permit 659,920 square feet of office uses and 58,918 square feet of retail and restaurant uses for a total of 718,838 square feet in the amended portion of the PUD, where 499,169 square feet of office space was previously approved, all of which is more particularly described herein, (Proposal No. 98P-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.
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 RM40 to SP zoning for property located at 2411-B Blakemore Avenue, approximately 330 feet west of 24th Avenue South (0.20 acres), to permit an existing religious institution to be converted to an events hall or used as multi-family residential at a RM40 density (as currently zoned), all of which is described herein (Proposal No. 2009SP-021-001). 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 R10 to SP zoning for property located at 2518 Old Smith Springs Road, approximately 1,090 feet east of Ned Shelton Road (2.29 acres), to permit a single-family residence with guest house, and detached garage, and up to 7,600 square feet of office use, all of which is described herein (Proposal No. 2009SP-013-001). 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.
Without objection, the rules were suspended for consideration of one (1) late ordinance.
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 1200 and 1310 Clinton Street, at the northwest corner of Clinton Street and 12th Avenue North (2.2 acres), to permit an existing facility to be utilized for all uses permitted by the CF zoning district as well as the manufacturing and warehousing of alcoholic beverages not to exceed 1,000 barrels per month (a barrel being 55 gallons), all of which is described herein (Proposal No. 2009SP-023-001). 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 -
BILL NO. BL2009-491
An ordinance amending Title 12 of the Metropolitan Code regarding commercial vehicles operating on local streets. The bill was approved by the Traffic and Parking Committee; the Public Works recommended deferment. Mr. Stanley offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2009-491
An ordinance amending Title 12 of the Metropolitan Code regarding commercial vehicles operating on local streets. Mr. Stanley moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council. Pursuant to Rule 22 of the Rules of Procedure of the Metropolitan Council, the bill was deemed deferred indefinitely.
An ordinance providing a one-time traffic violation amnesty program. The Budget and Finance and Traffic and Parking Committees recommended withdrawal. Mr. Crafton moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 6 of the Metropolitan Code to regulate the “booting” of vehicles within the area of the Metropolitan Government. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees with an amendment. Mr. Craddock offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Craddock moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapters 15.20 and 15.36 of the Metropolitan Code pertaining to the charging of water and sewer tapping and capacity fees. The bill was approved by the Budget and Finance Committee; the Public Works Committee recommended deferment. Mr. Crafton moved to defer the bill indefinitely, 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 June 10, 2009. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to approve an affiliation agreement by and between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County to provide student clinical instruction and training with Davidson County Community Corrections. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine 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 acquisition of property by negotiation or condemnation for the purpose of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project Number 06-SL-78/06-WL-75, Nashville Commons at Skyline Revision 1, 4100 Saunders Avenue (Proposal No. 2009M-016ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical 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 abandoning an 8 inch water line and easement and accepting a replacement 8 inch water line and easement, that is shown on Map 108, Parcel 66.00, Project 08-WL-0081, Tari, Phase 1, Airport Authority, 1 Terminal Drive, and authorizing the execution of any documents needed to execute the abandonment (Proposal No. 2008M-008U-13). 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 the Metropolitan Government to participate with Patricia A. Wahl to provide public sewer service in Williamson County to Wahl Property, Project No. 08-SL-68. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Hunt 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 amending Section 16.24.330 of the Metropolitan Code exempting school property from the requirement that motor vehicles be parked on a paved or graveled driveway. The bill was approved by the Codes, Fair and Farmers Market and Education Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
Without objection Bill Nos. BL2008-232, BL2008-233 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 moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
BILL NO. BL2008-318
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 and AR2a to RS80 zoning along Bakers Grove Road, Couchville Pike, Granny Wright Lane, Hobson Pike, S. Mt. Juliet Road, Palomino Place, Pugh Road, Stewarts Ferry Pike, and Thoroughbred Drive (2265.98 acres), all of which is described herein (Proposal No. 2008Z-078G-13). Mr. Duvall offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2008-318
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 and AR2a to RS80 zoning along Bakers Grove Road, Couchville Pike, Granny Wright Lane, Hobson Pike, S. Mt. Juliet Road, Palomino Place, Pugh Road, Stewarts Ferry Pike, and Thoroughbred Drive (2212.69 acres), all of which is described herein (Proposal No. 2008Z-078G-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Duvall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (39); “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 pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance amending Chapter 11.20 of the Metropolitan Code to prohibit the Metropolitan Government from discriminating on the basis of non-merit factors in its employment practices. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Coleman moved to withdraw the bill, 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 Old Baker Road right-of-way (Proposal No. 2009M-001AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance approving an amendment and extension of the Recycling Services Agreement between The Metropolitan Government of Nashville and Davidson County and QRS, Inc., formerly Rivergate Recycling. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on certain parcels of property for use in the greenway system (Proposal No. 2009M-084ES-001). The bill was approved by the Planning Commission, the Budget and Finance, Parks, Library and Recreation, and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing the Director of Public Property, or his designee, to negotiate and enter a lease for the Metropolitan Government, for the use and benefit of the Greenway Commission, on a certain parcel of property for use in the greenway system. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation, and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept donations of real property for use as part of the parks system (Proposal No. 2009M-014PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on certain parcels of property for use in the greenway system (Proposal No. 2009M-081ES-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of an unnamed road from Holt Road southward to a dead end (Proposal No. 2009M-004AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance amending Section 5.16.070 of the Metropolitan Code pertaining to the forty-five dollar ($45.00) “victims assistance assessment” to remove Ujima House, Inc., as one of the programs to receive funds collected through the assessment. The bill was approved by the Budget and Finance Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution expressing the Metropolitan Council’s desire to delay consideration of any and all bond resolutions or other legislative actions that approve financing for the construction of a new municipal convention center for at least six weeks from the date the legislation is filed with the Metropolitan Clerk’s Office. The resolution was approved by the Budget and Finance Committee with two amendments; the Convention, Tourism and Public Entertainment Facilities Committee approved the resolution with one amendment. Mr. Gotto offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Craddock offered Amendment No. 2 and moved for its adoption, which motion was seconded. Mr. Ryman moved to table Amendment No. 2, which motion was seconded and adopted by a roll call vote of the Council. Mr. Gotto moved to adopt the resolution as amended, which motion was adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution encouraging Comcast to include The Africa Channel as part of its programming. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Maynard 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution expressing the Metropolitan Council’s desire that the General Sessions Court establish a comprehensive program to provide assistance to persons whose drivers license has been suspended for a failure to pay traffic violation fines and fees. The resolution was approved by the Budget and Finance and Traffic and Parking Committees. Mr. Crafton 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, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.