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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 Greg Adkins.
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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (39); Absent: Jameson, Baker (2).
The Minutes of the regular meeting of September 21, 2010, were approved.
The President announced that nominations are being accepted to fill a vacancy on the Community Education Commission for a nonprofit adult literacy organization representative, which seat is to be filled by the Council. Nominations must be filed with the Metropolitan Clerk not later than 4:00 pm on Tuesday, October 12, 2010. Nominees will be referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and the appointment will be made at the next regular meeting of the Council.
The President announced that nominations are being accepted to fill a vacancy on the Community Education Commission for a community education council representative, which seat is to be filled by the Council. Nominations must be filed with the Metropolitan Clerk not later than 4:00 pm on Tuesday, October 12, 2010. Nominees will be referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and the appointment will be made at the next regular meeting of the Council.
The President announced that two vacancies currently exist on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. Nominations will be taken at the next regular meeting of the Council with an election held to fill the vacancies on November 4, 2010, pursuant to Rule 42 of the Rules of Procedure of the Metropolitan Council.
- PROPOSED RULES AMENDMENT -
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:
The 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) are hereby amended by deleting Rule 8 in its entirety and substituting with the following new Rule 8:
8. Introduction of legislation
A proposed ordinance or resolution shall only be introduced by a member or members of the Metropolitan Council. The Metropolitan Clerk shall not accept a proposed ordinance or resolution for filing unless the original of the legislation has been signed by a member of the Metropolitan Council, or a Member of Council submits a physical or electronic written notice to the Metropolitan Clerk prior to the filing deadline specified in Rule 11 requesting that the particular proposed resolution or ordinance be filed using his/her electronic signature. Such written request shall be retained by the Metropolitan Clerk until the original of the legislation is signed by the Member of Council making the request. No action shall be taken by the Council on such resolution or ordinance unless and until at least one Member of Council has signed the original of the legislation as a sponsor.
Any resolution or proposed ordinance on first reading, the subject matter of which affects only one district, shall be deferred one meeting if the Council member from the district concerned with the subject matter of such legislation has not introduced or co-sponsored such legislation and objects to its consideration.
No resolution requesting information or action from a Metropolitan Government department, agency, board or commission shall be placed on the agenda unless the sponsoring Member of Council has first requested the information or action by letter at least thirty days prior to filing the resolution. A copy of the letter requesting the information or action must be attached to the resolution at the time it is filed.
- ELECTIONS AND CONFIRMATIONS -
Community Education Commission
No nominations were received for a non-profit adult literacy organization representative.
Auditorium Commission
Appointment of Mr. Randy Rayburn for a term expiring June 30, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Charter Revision Commission
Reappointment of Ms. Eileen Beehan for a term expiring September 4, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. C. Dewey Branstetter Jr. for a term expiring September 4, 2014. At the request of the nominee, the confirmation was deferred.
Farmers Market Commission
Appointment of Mr. Joshua Smith for a term expiring May 5, 2011. At the request of the nominee, the confirmation was deferred.
Gas/Mechanical Examiners Appeals Board
Reappointment of Mr. Kenny Watson for a term expiring August 21, 2014. At the request of the nominee, the confirmation was deferred.
Historical Commission
Reappointment of Ms. Lula Brooks for a term expiring August 10, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. George H. Cate, Jr. for a term expiring August 10, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Linda Wynn for a term expiring August 10, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Human Relations Commission
Appointment of Mr. Fred Gill for a term expiring April 18, 2013. At the request of the nominee, the confirmation was deferred.
- RESOLUTIONS -
A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Financial Marketing Concepts, Incorporated to provide a discount prescription card at no cost to the Metropolitan Government. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. 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 defer the resolution as amended, 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 is deemed deferred indefinitely.
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. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “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 provide funding for the administrative costs of programs and services to assist dislocated workers, adults, and youth facing barriers to employment (LW09P101MNSWA11). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Barry 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, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “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 support training needs for dislocated workers to prepare them for entry into the labor force and to offer training to those facing serious barriers to employment (LW09P101DWRSP11). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Barry 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, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).
A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide transportation to eligible seniors and handicapped residents in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).
A resolution approving a business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Nashville Public Television to provide safeguards to prevent the use or disclosure of protected health information. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Barry 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, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).
A resolution approving a business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Belmont University to provide safeguards to prevent the use or disclosure of protected health information. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).
A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Belmont University to provide funding for consultation, technical assistance, and guidance regarding health equity for the Communities Putting Prevention to Work Grant (CPPW). The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).
A resolution accepting a Special Projects of National Significance Grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to improve and enhance the IT infrastructure capacity to collect and report client-level data. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide tuberculosis control, prevention, and outreach services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (35); “Noes” Duvall (1); “Abstaining” Crafton (1).
A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Nashville Public Television to provide funding for the production and airing of a documentary on the epidemic of childhood obesity in Tennessee. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
A resolution approving an intergovernmental agreement between the State of Tennessee, Department of Health, and the Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Clerk, for the provision and issuance of certificates from the birth record database. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Barry 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide nutrition education and services to eligible women, infants, and children (WIC) of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Barry 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving an intergovernmental agreement between the Metropolitan Government of Nashville and Davidson County and the Metropolitan Transit Authority concerning the purchase and use of a parcel of property at 430 Myatt Drive in Davidson County. The resolution was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages, Transportation and Aviation and Planning, Zoning and Historical Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
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, for the Internet Crimes Against Children Unit. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Langster 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by accepting Hoggett Ford Road as a public road (Proposal No. 2010M-009PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance approving a license agreement between the Metropolitan Nashville Public Schools and the Hickory Hollow Mall Limited Partnership for certain space inside the Hickory Hollow Mall (Proposal No. 2010M-007PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Education, Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending the Metropolitan Code to assign certain duties and responsibilities to the Board of Fair Commissioners of The Metropolitan Government of Nashville and Davidson County. Mr. Dominy moved to pass the bill on first reading, which motion was seconded. Ms. Moore moved to defer the bill, which motion was seconded. Mr. Craddock moved to table the motion to defer, which motion was seconded and failed by a roll call vote. The matter recurred on the motion to defer. Mr. Ryman called for the previous question, which motion was seconded and failed by a voice vote of the Council. After further discussion Mr. Holleman called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to defer, which motion was adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, Matthews, Hunt, Cole, Forkum, Ryman, Jernigan, Burch, Page, Moore, LaLonde, Gilmore, Langster, McGuire, Adkins, Wilhoite, Toler, Coleman, Todd, Mitchell (23); “Noes” Tygard, Harrison, Craddock, Hollin, Bennett, Gotto, Stanley, Claiborne, Crafton, Evans, Holleman, Foster, Dominy, Hodge, Duvall (15).
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 SP District (adopted with Council Bill BL2009-590) for the previously approved 25th & Clarksville Specific Plan District, located at 2400 Clarksville Pike, between 24th Avenue North and 25th Avenue North (2.39 acres), to amend the conditions pertaining to wall-mounted signage, all of which is described herein (Proposal No. 2009SP-027-003). 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 R40 to AR2a zoning for various properties located at 7739 Charlotte Pike and at Charlotte Pike (unnumbered), approximately 4,700 feet west of Sawyer Brown Road (65.49 acres), all of which is described herein (Proposal No. 2010Z-025PR-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 to CL zoning for property located at 7300 Charlotte Pike, at the corner of Charlotte Pike and Old Charlotte Pike (7.35 acres), all of which is described herein (Proposal No. 2010Z-023PR-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 preliminary approval for a proposed Planned Unit Development Overlay located at 501 Gallatin Avenue within the Gallatin Pike Specific Plan Improvement District, at the northeast corner of Gallatin Avenue and Calvin Avenue, zoned SP (0.29 acres), to permit the sale of beer within an existing 1,800 square foot restaurant for on-premises consumption thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2010P-002-001). As the request of the sponsor, Mr. Cole moved to withdraw the bill, the bill being requested by Tom’s Elite Carryout, 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 CL to CS zoning a portion of property located at 4123 Clarksville Pike, approximately 950 feet south of Kings Lane (0.0009 acres), all of which is described herein (Proposal No. 2010Z-022PR-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 CN to MUL zoning for property located at 4000 Albion Street, at the northwest corner of Albion Street and 40th Avenue North (0.1 acres), all of which is described herein (Proposal No. 2010Z-024PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Commercial Planned Unit Development located at Old Hickory Boulevard (unnumbered), at the northeast corner of Old Hickory Boulevard and I-40, zoned CL (5.93 acres), to permit 39,612 square feet of retail and restaurant uses where a 124-room motel and 8,140 square feet of commercial uses were previously approved, all of which is described herein (Proposal No. 118-85P-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 AR2a to SP zoning for properties located at 7022 Nolensville Pike, Nolensville Pike (unnumbered), and Burkitt Road (unnumbered), at the southeast corner of Nolensville Pike and Burkitt Road (17.98 acres), to permit commercial uses, all of which is described herein (Proposal No. 2009SP-006-001). 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 IG to SP zoning for property located at 12761 Old Hickory Boulevard, approximately 350 feet north of Logistics Way (3.28 acres), to permit daycare center, personal care instruction, retail and restaurant/bar uses as well as certain uses permitted in the IG zoning district, all of which is described herein (Proposal No. 2010SP-012-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the SP District (adopted with Council Bill BL2009-561) for the previously approved Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to amend the allowed capacity of the Seasonal Performance Entertainment Venue from 2,500 to 4,500 persons, to amend the event season from May 1-October 31 to April 1-November 30, to amend the maximum number of events from eight (one per month with two floating dates) to fourteen (one per month with six floating dates ) with no more than two per month, and to allow unimproved seasonal parking on the east side of Whites Creek, all of which is described herein (Proposal No. 2009SP-022-003). 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 R6 to SP zoning for properties located at 1078 2nd Avenue South and at 112 Mildred Shute Avenue, at the northeast corner of 2nd Avenue South and Mildred Shute Avenue (0.13 acres), to permit the development of three residential dwelling units, all of which is described herein (Proposal No. 2010SP-015-001). 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 relative to Personal Care Services in Nashville and Davidson County, all of which is more particularly described herein (Proposal No. 2010Z-018TX-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 Regulations, relative to Nonconforming Uses and Structures, all of which is more particularly described herein (Proposal No. 2010Z-019TX-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 Section 17.40.650 of the Metropolitan Code, Zoning Regulations, to provide for relocation of Nonconforming Uses, all of which is more particularly described herein (Proposal No. 2010Z-020TX-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 CS to SP zoning for property located at 1044 Murfreesboro Pike, at the southeast corner of Murfreesboro Pike and Philfre Court (0.22 acres), located partially within the Floodplain Overlay District, to permit all uses permitted by CS zoning and automobile repair, all of which is described herein (Proposal No. 2010SP-013-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
- BILLS ON SECOND READING
BILL NO. BL2010-699
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 Villages of Riverwood Urban Design Overlay District, located at the southwest corner of Hoggett Ford Road and Dodson Chapel Road (219.8 acres) classified RM9 and MUN, to modify the conditions of approval in the adopted Council Ordinance BL2004-325 to require an updated Traffic Impact Study with the submittal of each Final Site Plan submittal to the Planning Commission and to also require the applicant to comply with any new requirements of the new Traffic Impact Study, all of which is more particularly described herein (Proposal No. 2004UD-002-002). Mr. Stanley offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2010-699
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 Villages of Riverwood Urban Design Overlay District, located at the southwest corner of Hoggett Ford Road and Dodson Chapel Road (219.8 acres) classified RM9 and MUN, to modify the conditions of approval in the adopted Council Ordinance BL2004-325 to require the Department of Public Works to conduct an updated Traffic Impact Study after the filing of each Final Site Plan with the Planning Commission and to make any necessary recommendations to the Metropolitan Council, all of which is more particularly described herein (Proposal No. 2004UD-002-002). The bill was disapproved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and failed by the following vote: “Ayes” Garrett, Maynard, Harrison, Hunt, Craddock, Hollin, Stanley, Claiborne, Langster, Crafton, Dominy, Wilhoite, Coleman, Duvall (14); “Noes” Matthews, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Page, Moore, LaLonde, Gilmore, Evans, Holleman, McGuire, Adkins, Foster, Hodge, Toler, Todd, Mitchell (20); “Abstaining” Barry, Tygard, Steine, Cole (4).
An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2010-2011. The bill was approved by the Budget and Finance Committee. Ms. Barry 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 8.04 of the Metropolitan Code to authorize the presence of pet dogs in outdoor dining areas of restaurants. The bill was approved by the Health, Hospitals and Social Services Committee with an amendment. Ms. Bennett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Bennett moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapters 10.26 and 10.28 of the Metropolitan Code pertaining to the prosecution of offenders of the high weeds and excessive vegetation provisions in the Code. The Health, Hospitals and Social Services Committee recommended deferment. Mr. Jernigan moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 11.12.070 of the Metropolitan Code pertaining to noise in certain areas of downtown Nashville. The Codes, Fair and Farmers Market and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Ms. Gilmore moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to Omni Nashville, LLC. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees with an amendment. Mr. Ryman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council with Mr. Adkins abstaining.
An ordinance authorizing the Metropolitan Water Services Department to submit application(s) for grants from the Tennessee Emergency Management Agency to the Metropolitan Government of Nashville and Davidson County for hazard mitigation, and the expenditure of funds and future acquisition of property upon approval of the Metropolitan Council by resolution. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Barry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to clarify the status of former employees of the Metropolitan Convention Center Commission. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance naming the Tucker Road Bridge over Whites Creek in honor of Robert Woods. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
SUBSTITUTE BILL NO. BL2010-736
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 portions of the Gallatin Pike Improvement District Specific Plan for properties located along Main Street, Gallatin Pike and Gallatin Avenue between Chicamauga Avenue and Greenwood Avenue and between Cahal Avenue and Burchwood Avenue (27.41 acres), by deleting the Mixed Housing land use category and replacing with the Mixed Use land use category of the Gallatin Pike SP and permitting Animal Boarding Facilities with conditions, all of which is described herein (Proposal No. 2007SP-122-005). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hollin 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance amending Section 7.16.030 of the Metropolitan Code pertaining to the street access requirements for artisan distilleries selling commemorative bottles of alcohol produced on site. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Gilmore 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance amending Title 12 of the Metropolitan Code regarding the operation and parking of large vehicles on local streets. The bill was approved by the Traffic and Parking Commission and Traffic and Parking Committee. Mr. Jernigan 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance amending Chapter 6.81 of the Metropolitan Code pertaining to the booting of vehicles. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Craddock 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to HealthSpring, Inc. 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before February16, 2010. The bill was approved by the Rules-Confirmations-Public Elections Committee. 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, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, 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 McGavock Street (Proposal No. 2010M-010AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance approving a Memorandum of Understanding between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the International Association of Chiefs of Police, regarding participation in an officer injury study. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
SUBSTITUTE BILL NO. BL2010-756
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 10-R-1, 28th Avenue / 31st Avenue Connector, from Park Plaza to the south side of the Nashville and Western Railroad tracks (Proposal No. 2010M-008PR-001). The bill was approved by the Planning Commission, Budget and Finance, 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd (37); “Noes” (0).
An ordinance authorizing the acceptance or acquisition of easements by negotiation or condemnation for the purpose of construction of sidewalks and associated improvements along the west side of Oakwood Avenue between Slaydon Avenue and Bullock Avenue, Proposal No. 2010M-026ES-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 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd (36); “Noes” (0).
- MEMORIALIZING RESOLUTION -
A resolution urging the Tennessee Valley Authority (TVA) to implement an energy efficiency plan that commits to reduce electricity consumption by at least one percent per year for the next five years. The resolution was approved by the Public Works Committee. 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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd (36); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.