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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 Carl Burch.
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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and Neighbors (35); Absent: Jameson, Ryman, Jernigan, Gilmore, Evans, Wilhoite (6).
The Minutes of the regular meeting of March 2, 2010, were approved.
- ELECTIONS AND CONFIRMATIONS -
Industrial Development Board
The President called for an election to fill a vacancy on The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2011. Nominations previously made were: Rachel L. Bell. The Rules-Confirmations-Public Elections Committee reported that the candidate was interviewed and found qualified to serve. Ms. Page moved to elect Ms. Bell by acclamation, which motion was seconded and adopted by a voice vote of the Council. The President declared that Ms. Rachel L. Bell was elected to The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2011.
Action Commission
Reappointment of Ms. Adinah Robertson for a term expiring February 2, 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.
Arts Commission
Reappointment of Mr. Joseph Presley for a term expiring January 1, 2014. 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.
Fire and Building Code Appeals Board
Reappointment of Mr. Thomas Lipscomb for a term expiring March 1, 2014. 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.
Nashville Education, Community and Arts Television Corporation (NECAT)
Appointment of Ms. Colleen Curtis for a term expiring February 5, 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. Jesse Goldberg for a term expiring February 5, 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.
Appointment of Mr. Gary Gullbergh for a term expiring February 5, 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 Mr. Tony Pratt for a term expiring February 5, 2011. At the request of the administration, the confirmation was withdrawn.
Appointment of Mr. Joel Sullivan for a term expiring February 5, 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.
Board of Zoning Appeals
Appointment of Ms. Mercedes Jones for a term expiring February 26, 2015. 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.
- RESOLUTIONS -
SUBSTITUTE RESOLUTION NO. RS2010-1109
A resolution approving an Intergovernmental Agreement Amendment by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Nashville Hospital Authority to change the Metropolitan Nashville Hospital Authority employee benefits system. The resolution was approved by the Budget and Finance; Health, Hospitals and Social Services; and Personnel-Public Information-Human Relations-Housing 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, Cole, Bennett, Forkum, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Todd (26); “Noes” Craddock, Hollin, Gotto, Baker, Langster, Crafton, Duvall, Mitchell (8).
A resolution appropriating the amount of $10,917,600.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Parks, Library and Recreation; Personnel-Public Information-Human Relations-Housing; and Public Works Committees; the Budget and Finance and Health, Hospitals and Social Services 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 and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County (Tennessee) in an aggregate principal amount of not to exceed Seventeen Million Dollars. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution calling the Metropolitan Board of Equalization into regular session beginning June 1, 2010, and special session beginning June 21, 2010. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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, to coordinate resources to prevent duplication and ensure the effective and efficient delivery of workforce services in Workforce Development Area No. 9 (33710-66810). 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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 Skills Shortage Program funds (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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution appropriating funds from 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, to assist residents of Nashville and Davidson County with Adult Basic Education and GED Instruction to help clients achieve self-sufficiency. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving a renewal of the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange for the provision of services under the Minority AIDS Initiative (MAI). The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. 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, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving Amendment One to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for breast and cervical cancer screenings. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving an application for a Community Corrections Grant from the Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services.
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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving two Highway Safety Grants from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the benefit of the Davidson County Sheriff’s Office. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving an application for the Offender Reentry Grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Drug Court and Davidson County Sheriff’s Office, in a collaborative program to assist non-violent adult felony offenders with a successful reentry back into the community. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution accepting a donation from Fred’s Inc. to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Nashville Fire Department for public fire safety education. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving an application for the Recreation Trails Program Grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, for the Riverside Drive Connector Trail. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Cole 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, for the acquisition of equipment, supplies, and furnishings to house, keep, preserve, and make available permanently-valuable records of the State of Tennessee. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution accepting a $3,000 grant from TRANSTRIA, LLC, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Planning Department, to provide funding for planning purposes and specifically to review Metro Nashville/Davidson County's experience with the Robert Wood Johnson Foundations' "Active Living by Design" grant, which ended in 2008. The funding is to be used for continuing training and education for Planning Commissioners and staff in sustainable development and design. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution accepting a State Aid Contract from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the resurfacing of Fesslers Lane, Project No. 19-960-8404-04. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution accepting a State Aid Contract from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the resurfacing of Tulip Grove Road, Project No. 19-947-8476-04. The resolution was approved by the Budget and Finance and Public Works Committees. 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, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving the property at 3518 Central Pike to be used for a waste transfer facility. The resolution was disapproved by the Public Works and Planning, Zoning and Historical Committees. Mr. Stanley moved to defeat the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
RESOLUTION NO. RS2010-1156
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Anthony T. McCoy against The Metropolitan Government of Nashville and Davidson County for $95,000.00. Mr. Steine offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2010-1156
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Anthony T. McCoy against The Metropolitan Government of Nashville and Davidson County for $95,000.00 and accept $20,000 from Correct Care Solutions, LLC in settlement of the Metropolitan Government’s indemnification claim. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Dave Quartey against The Metropolitan Government of Nashville and Davidson County for $16,000.00. 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, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution electing one member 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. 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, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
BILL NO. BL2010-645
An ordinance amending Ordinance No. O95-1379 and approving an extension to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process. Mr. Steine offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2010-645
An ordinance amending Ordinance No. O95-1379 and approving an extension to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.
An ordinance abandoning a 19.5 foot public utility easement, a 20 foot sanitary sewer easement, and a 4,491.74 total square foot public utility easement in connection to Project 10-AB-0001, 2312 Clifton Avenue, shown on Map 92-11, Parcel 386.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-015ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Chapters 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to designate “manufacturing, medium” as a used permitted with conditions, all of which is more specifically described herein (Proposal No. 2010-009TX-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 amending Section 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow inflatable advertising figures in commercial districts (Proposal No. 2010-008TX-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 -
SUBSTITUTE BILL NO. BL2009-568
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. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Garrett filed documents for the record in favor of the bill. Mr. Garrett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council, with Mr. Crafton voting “no”
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. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Garrett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council, with Mr. Crafton voting “no”.
An ordinance amending Chapter 16.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a permit for the erection of a temporary structure. The Codes, Fair and Farmers Market Committee recommended deferment. Mr. Coleman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2010-623
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 Brighton Road (Proposal No. 2009M-009AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees; Traffic and Parking Committee recommended deferment. Mr. Holleman moved that the action of the Council serve as the report of the Committee of the Whole, which motion which motion was seconded and adopted without objection. Mr. Holleman offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2010-623
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 Brighton Road (Proposal No. 2009M-009AB-001). Mr. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 15.04 and Chapter 15.60 of the Metropolitan Code of Laws relating to industrial waste discharges. The Public Works Committee recommended deferment. Mr. Hunt moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 15.64 of the Metropolitan Code of Laws relating to storm water management rules and regulations. The bill was approved by the Budget and Finance Committee; the Public Works Committee recommended deferment. Mr. Hunt moved to defer 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 Shelby Avenue (Proposal Number 2010M-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. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 12.40.200 of the Metropolitan Code pertaining to unattended motor vehicles. The Public Safety-Beer and Regulated Beverages Committee recommended indefinite deferment. Mr. Duvall moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 2 of the Metropolitan Code of Laws by amending Sections 2.76.130, 2.80.090, 2.84.120 and 2.92.120 relating to the filing fees for appeals to various boards and amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.12.240, 16.16.400, 16.16.480, 16.20.250, 16.20.260, 16.24.650, 16.28.110 and 16.28.140 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, examination of plans, refunds, as well as administrative fees and other fees charged by the Department of Codes Administration. The Budget and Finance and Codes, Fair and Farmers Market 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 declaring surplus and approving the disposition of certain parcels of real property labeled A-C (Proposal No.2010M-001PR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing Ace Hospitality Inc., d/b/a Spring Hill Suites and Residence Inn, to install, construct, and maintain an aerial and underground encroachment over the public sidewalk and over Alley No. 382 at 1800 and 1806 West End Avenue and at 1801 and 1807 Hayes Avenue (Proposal Number 2009M-015EN-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Maynard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Old River Road Pike between River Road Pike and River Road Pike just southeast of Biggs Road, as “Horton Hollow Lane” (Proposal No. 2009M-003SR-001). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Mitchell moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to prohibit holders of revoked licenses or permits from operating within Davidson County even on an occasional basis and require approval of the Metropolitan Transportation Licensing Commission prior to performance of nonconsent tows. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Forkum 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
An ordinance abandoning a 10 foot 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, Public Works and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2855 Logan Street, 2050 Lucas Lane, Lucas Lane, 1st Avenue North, 2nd Avenue North, 1512 2nd Avenue North, 234 B Davenport Drive, 3183 Hamilton Church Road, Century Boulevard, 1318 Baptist World Center Drive, 1715 Broadway, 4200 Kenilwood Drive, 7102 Highway 70 South, 1007 Murfreesboro Pike, 331 Great Circle Road, 201 North 8th Street, 714 Ramsey Street, 2300 Patterson Street, 3822 Cleghorn Avenue, 2126 Abbott Martin Road, 5144 Hickory Hollow Parkway, 19 Hart Street, 6604 Charlotte Pike, and 100 Airpark Center East. The bill was approved by the Planning Commission, Public Works 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, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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 RS7.5 to RS20 zoning for various properties along Larchmont Drive between State Route 45 and N. Dupont Avenue (7.39 acres), and from RS10 to RS40 zoning for various properties along Hillcrest Drive, Neelys Bend Road, and Randy Road (103.91 acres), all of which is described herein (Proposal No. 2010Z-003PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Forkum 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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 Taco Mamacita Planned Unit Development for a portion of property located at 1200 Villa Place, at the southeast corner of Villa Place and Edgehill Avenue, zoned RS5 (1.07 acres), to permit the sale of beer for on-premises consumption in an existing 4,443 square foot restaurant thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-005-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Maynard moved to defer the bill, the bill being requested by Villa Properties Joint Venture LLC, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Parkside Specific Plan District located at 5940 Mt. Pisgah Road, approximately 830 feet east of Edmondson Pike, (10.2 acres), zoned SP, to permit 31 single-family dwelling units where 30 were previously approved, all of which is more particularly described herein (Proposal No. 2007SP-057-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to defer the bill, the bill being requested by Anderson, Delk, Epps and Associates, to the second meeting in April, 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 RS7.5 to SP zoning for property located at 1022 Virginia Avenue, approximately 180 feet west of Gallatin Pike (0.13 acres), to permit a general office use within a single-family dwelling unit, all of which is described herein (Proposal No. 2009SP-034-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Bennett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Bennett moved to pass the bill on 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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 OR20 zoning for property located at 4400 Indiana Avenue, at the northwest corner of Indiana Avenue and 44th Avenue North (0.28 acres), all of which is described herein (Proposal No. 2009Z-041PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
BILL NO. BL2010-632
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 RS20 zoning for property located at 1101 Barnes Road, approximately 250 feet north of Barnes Bend Drive (3.0 acres), all of which is described herein (Proposal No. 2010Z-002PR-001). Mr. Toler offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2010-632
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 RS30 zoning for property located at 1101 Barnes Road, approximately 250 feet north of Barnes Bend Drive (3.0 acres), all of which is described herein (Proposal No. 2010Z-002PR-001). The substitute bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning for property located at 1112 Clifton Lane, at the northeast corner of Clifton Lane and Granny White Pike, to permit 25 existing dwelling units where 20 dwelling units were legally approved by the Codes Administration Department (2.09 acres), all of which is described herein (Proposal No. 2009SP-032-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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, to modify the definitions, land use table, and development standards to add a new land use “Construction/Demolition Waste Processing (project-specific)” as a use permitted with conditions (PC) in Nashville and Davidson County (Proposal No. 2010Z-004TX-001), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
- MEMORIALIZING RESOLUTIONS -
A resolution requesting Governor Phil Bredesen, the Davidson County Delegation to the Tennessee General Assembly, and the State Department of Finance and Administration to transfer title to a portion of the Clover Bottom Developmental Center land to Metropolitan Nashville and Davidson County for the construction of a public high school. The Education Committee recommended deferment. Mr. Stanley moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support efforts to institute a hospital coverage fee in lieu of cuts to the TennCare program that would negatively affect the Metropolitan Hospital Authority’s funding for fiscal year 2011 and beyond. 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, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution requesting the Metropolitan Board of Public Education to hold another public hearing regarding the proposed budgetary reductions impacting school custodians and bus drivers. The resolution was approved by the Education Committee. Mr. Hollin moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Mitchell (32); “Noes” Steine, Todd (2).
Upon motion duly seconded, the meeting was adjourned.