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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 Jim Forkum.
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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (40); Absent: Stanley (1).
The Minutes of the regular meeting of January 5, 2010, were approved.
- ELECTIONS AND CONFIRMATIONS -
Industrial Development Board
The President called for nominations to fill one (1) vacancy on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2013. Mr. Hodge nominated Mr. Carnell Scruggs; Mr. Gotto nominated Mr. Geric Smith; Ms. Gilmore nominated Ms. Natasha Blackshear. There being no further nominations, the President declared the nominations closed. The nominees were referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.
Metropolitan Development and Housing Agency
Appointment of Mr. Arnett Bodenhamer for a term expiring November 5, 2015. At the request of the nominee, the confirmation was deferred.
- RESOLUTIONS -
A resolution approving the issuance of Tourism Tax Revenue Bonds by the Convention Center Authority of The Metropolitan Government of Nashville and Davidson County, Tennessee and the execution and delivery of an Intergovernmental Project Agreement (Convention Center Project) by and among The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Development and Housing Agency of The Metropolitan Government of Nashville and Davidson County, Tennessee and the Convention Center Authority of The Metropolitan Government of Nashville and Davidson County, Tennessee. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Steine moved to adopt the resolution, which motion was seconded. Petitions were filed in opposition to the resolution. Mr. Crafton moved to defer the resolution, which motion was seconded. Mr. Steine moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. The matter recurred on the motion to pass the resolution, which motion was adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Cole, Bennett, Forkum, Ryman, Jernigan, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Mitchell (29); “Noes” Craddock, Hollin, Jameson, Gotto, Crafton, Evans, Holleman, Foster, Duvall (9); “Abstaining” Todd (1).
RESOLUTION NO. RS2010-1089
A resolution calling a county-wide referendum election to ascertain the will of the people regarding the issuance of bonds by the Convention Center Authority to be secured by any revenues of the Metropolitan Government for the construction of a new Downtown Convention Center, and appropriating an amount not to exceed Three Hundred Thousand Dollars from the tourism taxes in the Convention Center Fund to provide the necessary funds for the referendum. The resolution was disapproved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Crafton offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted by a roll call vote of the Council.
SUBSTITUTE RESOLUTION NO. RS2010-1089
A resolution calling a county-wide referendum election to ascertain the will of the people regarding the issuance of bonds by the Convention Center Authority to be secured by any revenues of the Metropolitan Government for the construction of a new Downtown Convention Center, and appropriating an amount not to exceed Three Hundred Thousand Dollars from the Undesignated Fund Balance of the General Fund of the General Services District to provide the necessary funds for the referendum. Mr. Crafton moved to adopt the resolution, which motion was seconded and failed by the following vote: “Ayes” Craddock, Hollin, Jameson, Gotto, Crafton, Evans, Foster, Dominy, Wilhoite, Duvall (10); “Noes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Cole, Bennett, Forkum, Ryman, Jernigan, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Hodge, Toler, Mitchell (27); “Abstaining” Todd, Coleman (2).
A resolution approving an application for an Energy Efficiency and Conservation Block Grant from the United States Department of Energy to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville General Services Department, to assist eligible entities in reducing fossil fuel emissions and total energy use and to improve energy efficiency in the building and transportation sectors. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving an application for a Cities of Service Leadership Grant from the Cities of Service to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Mayor’s Office, to support the position of Chief Service Officer to lead local efforts to develop and implement a comprehensive service plan on behalf of the Mayor. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving Amendment One to a grant agreement from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to perform Section 106 environmental review necessary for development proposals using federal funds to determine potential adverse effects to historic properties. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution appropriating $180,000 in grant funds from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Planning Commission, to provide transportation and planning activities to support development of state and local land use strategies. The resolution was approved by the 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution accepting a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, to provide homes for dogs at Metro Animal Control and vocational training for offenders. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving an application for the Staffing for Adequate Fire and Emergency Response Program (SAFER) 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, for the recruitment and hiring of eighty new firefighters. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. 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, Hollin, Jameson, Bennett, Forkum, Ryman, Jernigan, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Coleman, Mitchell (31); “Noes” Hodge, Duvall (2); “Abstaining” Gotto (1).
A resolution approving Amendment One to the American Recovery and Reinvestment Act of 2009 Byrne Justice Assistance Grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County to add additional staff to provide supervision and treatment services to non-violent felony offenders with substance abuse problems. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving an application for a Big Band Dances Grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks and Recreation Department. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving a grant from the National Center for Civic Innovation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Finance Department, to enable the expenditure of unspent funds from its government performance reporting trailblazer program. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to provide Skills Shortage Program funds to establish programs in assisting older youth in Wilson County (LW09F105SSSWA10). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving Amendment One to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to provide Skill Shortage Administrative funds for Local Union 572 and TRW Automotive - Lebanon (09-09-FY9-5MN-STATE). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving Amendment One to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to provide Skill Shortage Program funds for Plumber and Pipefitter Local Union 572 and TRW Automotive - Lebanon (08-09-FY8-3SS-RSPNC). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving Amendment One to a Community Services Block Grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission, for the receipt of funds from The American Recovery and Reinvestment Act of 2009 to assist low income individuals in meeting their basic needs. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “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 Early Head Start Program by funding a comprehensive child development program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution approving a contract and business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Meharry Medical College to provide training experiences for MSPH students of Meharry. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with the Old Hickory Utility District for the acceptance and treatment by the Metropolitan Government of Nashville and Davidson County of sewage flow from the Old Hickory Utility District’s sewage collection system. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville & Davidson County for improvements on the Shelby Avenue Continuation/Gateway Boulevard/Korean Veterans Boulevard from 4th to 8th Avenues South, Pin No. 113441.00. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
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 August 24, 2009. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance amending Chapter 7.16 of the Metropolitan Code pertaining to the location restrictions for the issuance of a certificate of compliance to sell liquor within certain areas of downtown Nashville. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 1609 (Proposal No. 2009M-008AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees 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 changing the name of McLemore Street to “YMCA Way” (Proposal No. 2009M-004SR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance naming Music Square East between Grand Avenue and Buddy Killen Circle as “Patsy Cline Boulevard”. Ms. Gilmore moved to withdraw the bill after receiving numerous expressions of concern about the proposed change, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending Chapter 7.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a Caterer’s Beer Permit, a Special Events Beer Permit, or a Temporary Beer Permit. The Public Safety-Beer and Regulated Beverages Committee recommended indefinite deferment. Mr. Jernigan moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 12.40.070 of the Metropolitan Code to allow parking on both sides of certain narrow streets in the Old Hickory area. The Traffic and Parking Committee recommended indefinite deferment. Mr. Jernigan moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 16.08 of the Metropolitan Code to prohibit the issuance of a permit to move a house, building, or structure if the applicant or owner has been found guilty within the past twelve months of violating the Code provisions pertaining to the moving of houses. The Codes, Fair and Farmers Market Committee recommended withdrawal. Mr. Claiborne moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 15 foot public utility easement which contains private sanitary sewer lines in connection with Project 09-SL-0029, East River Apartments Abandonment shown on Map 082-12, Parcel 013.00, 714 Ramsey Street, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-057ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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 amending Chapter 8.12 of the Metropolitan Code pertaining to the outdoor sale or gifting of animals. The bill was approved by the Health, Hospitals and Social Services Committee. 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 granting a franchise to Access Fiber Group, Inc., to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2009M-003FR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Gotto 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. 7393, Metro Water Services (MWS) Project Nos. 04-SG-097 and 04-WG-0083, with the State of Tennessee, Department of Transportation, Project No. 19021-2244-94, to relocate certain facilities, located on the public highway right-of-way, located in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. 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 pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a 10 inch public utility drainage easement in connection with Project 009-AB-0002, Forest Acres Abandonment, shown on Map 172, Parcel 133.00 and authorizing the execution of the documents to carry out said abandonment (Proposal No. 2009M-083ES-001). The bill was approved by the Planning Commission and Public Works Committee; the Planning, Zoning and Historical Committee recommended withdrawal. Mr. Toler moved to withdraw the bill at the request of Metro Water Services, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning an 8 inch sanitary sewer line and easement and accepting a relocated 8 inch sanitary sewer line and easement in connection with Project 08-SL-0100, Morning Star Missionary Baptist Church, shown on Map 105, Parcel 008.00, 19 Hart Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-079ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Moore 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 4.12 of the Metropolitan Code to establish best value contracting, minority participation, and local construction and maintenance contracts as the required method of procurement for contracts related to new Convention Center and Hotel facilities on real property owned by the Metropolitan Government or any of its agencies. The Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees recommended deferment. Mr. Mitchell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Mitchell moved to defer the bill indefinitely as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 12.40.200 of the Metropolitan Code pertaining to the starting of parked vehicles. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Baker moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 16 of the Metropolitan Code pertaining to the moving of houses and other buildings or structures. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapters 6.08 and 6.10 of the Metropolitan Code of Laws pertaining to the organizational structure governing the provision of education, community, and arts television programming. The Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees recommended deferment. Mr. Steine moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the assumption and takeover by The Metropolitan Government of Nashville and Davidson County of all public functions, rights, duties, property, assets, and liabilities connected with Madison Suburban Utility District and assuming service jurisdiction. The bill was approved by the Budget and Finance Committee; the Public Works Committee recommended deferment. Mr. Craddock moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP district located at 3214 Murfreesboro Road, approximately 1,590 feet north of Mt. View Road and located within the Hamilton Hills Urban Design Overlay district (9.6 acres), to permit 126 flat units and 39 townhome units, all of which is described herein (Proposal No. 2007Z-157U-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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
Without objection Bill Nos. BL2009-586 and BL2009-587 and BL2009-588 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, to modify Title 17 relative to the creation of a new zoning district called the “Downtown Code” (DTC), all of which is more particularly described herein (Proposal No. 2009Z-031TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Titles 7, 11 and 13 of the Metropolitan Code relative to the creation of a new zoning district called the “Downtown Code” (DTC), which will replace the zoning district “Commercial Core” (CC) that is currently referenced in multiple Titles within the Metropolitan Code. The bill was approved by the 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 CC, CF, CS, IG, IR, MUI, MUL, MUN, IWD, and OR20 to DTC for various properties located north of I-40 and south of Jefferson Street (823.92 acres), all of which is described herein (Proposal No. 2009Z-030PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Jameson moved to defer the bills, 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 CS to SP zoning for property located at 570 Murfreesboro Pike, approximately 820 feet east of Fesslers Lane (1.28 acres), to permit an existing structure to be utilized for auto sales (used), auto repair, and vehicular leasing, all of which is described herein (Proposal No. 2009SP-028-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Ms. Moore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Moore moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
SUBSTITUTE BILL NO. BL2009-590
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 IWD and CS to SP zoning for properties located at 404, 2404, 2406, 2408, 2410, 2412 and 2418 Clarksville Pike, 2111, 2113 and 2113-B 24th Avenue North, 2104 25th Avenue North and 25th Avenue North (unnumbered), at the northwest corner of Clarksville Pike and 24th Avenue North (2.25 acres), all of which is described herein (Proposal No. 2009SP-027-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Harrison offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Harrison moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (38); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 1535 4th Avenue South, approximately 200 feet north of Moore Avenue (0.3 acres), to permit automobile sales (used), automobile service, and retail, all of which is described herein (Proposal No. 2009SP-030-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to CS zoning for a portion of property located at 4100 Clarksville Pike, approximately 1,300 feet south of Kings Lane (0.16 acres), all of which is described herein (Proposal No. 2009Z-039PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 630 Murfreesboro Pike, at the northwest corner of Murfreesboro Pike and Transit Avenue (2.65 acres), to permit auto sales, vehicular leasing, vehicular sales and services, limited, heavy equipment sales and service, auto repair, a car wash, and all other uses permitted by CS zoning, all of which is described herein (Proposal No. 2009SP-029-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to SP zoning property located at 3605 Hydes Ferry Pike, at the southwest corner of Hydes Ferry Pike and E. Stewarts Lane (5.43 acres), to permit 21 multi-family units and a community clubhouse, all of which is described herein (Proposal No. 2009SP-017-001). 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 and AR2a to SP zoning for property located at Old Hickory Boulevard (unnumbered) and a portion of property located at Murfreesboro Pike (unnumbered), at the southeast corner of Murfreesboro Pike and Hobson Pike (12.91 acres), to permit the development of 112 residential dwelling units and 20,000 square feet of retail or office uses in 2 structures, all of which is described herein (Proposal No. 2009SP-024-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Coleman 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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a preliminary approval for the Nashville Corners Shopping Center Commercial Planned Unit Development for property located at Murfreesboro Pike (unnumbered), approximately 750 feet south of Hamilton Church Road (2.6 acres), zoned CS, to permit 21,250 square feet of restaurant and retail space and to allow access directly to Murfreesboro Pike, all of which is described herein (Proposal No. 2009P-004-001). 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance authorizing the Metropolitan Mayor to submit a five year Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee. Ms. 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2009M-0030T-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of three tracts of real property located West of Old Hickory Boulevard, in the vicinity of Murfreesboro Road and Hobson Pike, further described as being a portion of Tax Map 175, land to be donated for the use and benefit of the Metropolitan Board of Parks and Recreation (Proposal No. 2009M-023PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical 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, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution requesting the Mayor and the Director of Public Property Administration to retain possession and control of property located at the corner of the Lebanon Pike and Stewart’s Ferry Pike intersection until the appropriate use for the property is determined. The resolution was approved by the Budget and Finance Committee. In the absence of the sponsor, Mr. Claiborne 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, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
A resolution encouraging Mayor Karl Dean to include appropriate funding for the Excessive Vegetation Growth Program as part of the proposed fiscal year 2010-2011 operating budget for the Metropolitan Government. The resolution was approved by the Codes, Fair and Farmers Market Committee; the Health, Hospitals and Social Services recommended deferment. In the absence of the sponsor, the resolution was deferred.
Upon motion duly seconded, the meeting was adjourned.