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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.
President Pro Tempore Hunt presided in the absence of Vice Mayor Neighbors.
The invocation was offered by Rev. Kaki Friskics-Warren.
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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, and Mitchell (35); Absent: Barry, Jernigan, Stanley, Evans, Adkins, Neighbors (6).
The Minutes of the regular meeting of March 1, 2011, were approved.
- PROPOSED RULES AMENDMENTS -
The following proposed amendment to the Rules of Procedure of the Metropolitan Council was distributed and will be considered at the next regular meeting of Council:
Rule 31 of the 2007-2011 Council Rules of Procedure is amended by deleting the first paragraph in its entirety and substituting with the following new paragraph:
Members of the public may address the Council if either of the following conditions is satisfied: (1) the Council adopts a motion by a two-thirds vote of the Council members present to allow an individual person to address the Council regarding a specific ordinance or resolution at the meeting where such motion is considered; or (2) the Council adopted a motion at a previous Council meeting by a two-thirds vote of the Council members present at such meeting to allow members of the public to address the Council at a single, specifically stated, regular Council meeting regarding a specific ordinance or resolution. If a public hearing is authorized under item (2) above, the Council shall, as a part of the authorizing motion, set the time period for the public hearing and a time limit for individual speakers, as well as such other terms of the public hearing as it shall deem prudent.
The Rules-Confirmations-Public Elections Committee recommended deferment of the following proposed amendment to the Rules of Procedure of the Metropolitan Council:
Rule 12 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) - by deleting said rule and substituting with the following new Rule 12:
12. Zoning public hearings
Public hearings on zoning bills shall be held on the first meeting of each month. The Clerk shall exclude ordinances on public hearing from any other Council meeting, except when required by law to be earlier held. This rule shall not preclude any other matters from being considered on the first meeting of each month other than honorary resolutions as provided in Rule 24.
Mr. Crafton moved to defer the amendment, which motion was seconded and adopted by a voice vote of the Council.
- PUBLIC HEARINGS -
A resolution exempting Snap Stone’s Restaurant located at 5385 Mt. View Road from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Coleman requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution exempting “No. 308” located at 407 Gallatin Avenue from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Jameson requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution and no one came forward to be heard. The President declared the public hearing closed. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
- RESOLUTIONS -
A resolution removing the members of the Metropolitan Board of Fair Commissioners. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Crafton moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving an application for a Justice and Mental Health Collaboration Program Grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to reduce recidivism rates among felony offenders with mental health and substance abuse disorders. The resolution was approved by the Budget and Finance Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving Amendment One to a grant from the Friends of Centennial Park and the Parthenon to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to provide funding for one employee’s salary. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving a grant from Vanderbilt University Medical Center, acting by and through the Vanderbilt Department of Pediatrics, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to collaborate on the Growing Right Onto Wellness (GROW) project to stop obesity in preschoolers before it becomes problematic. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving Amendment One to a grant from the Tennessee Stormwater Association to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to assist with the cost of implementing green technology at the McCabe Park Community Center. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Holleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving an application for the Kirkpatrick Park Summer Enrichment Program Grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to offer children in the neighborhood enrichment activities during the summer. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving an application for a Fire Prevention and Safety Grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving an application for a PAWS (Pets Adopted Will Survive) Grant from The Memorial Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in conjunction with Animal Control, to build outdoor shelters for animals and a work shed to teach offenders vocational skills. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, 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, acting by and through the Nashville Career Advancement Center, to provide skills shortage training to Associated Builders and Contractors, Inc (LW09F109SSSWA10). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving Amendment Two to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to protect air quality to achieve established ambient air standards and protect human health. 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving Amendment Three to a 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 provide direct financial assistance to clinical and social service providers to address the AIDS epidemic. 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving Amendment Two to a 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 enhance access to comprehensive high quality, community-based care for low income individuals and families with HIV disease. 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving Amendment One to a 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, for the Healthy Start Initiative - Eliminating Racial/Ethnic Disparities to provide a variety of services for pregnant and parenting women. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving Amendment One to a contract with Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to establish responsibilities in complying with the CDC Tuberculosis Trials Consortium Project. 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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 Meharry Medical College to assure compliance with all Historically Black Community Colleges and Universities Wellness project protocols and requirements. 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, 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 assistance in planning, development, and delivery of services for individuals affected and infected with HIV/AIDS. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving contract Amendment Three 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 for the provision of services under the Minority AIDS Initiative (MAI). The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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 United Way of Metropolitan Nashville for the provision of an IT Infrastructure Grant to increase the capacity of collection and reporting of 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving contract Amendment Nine 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 assistance in the planning, development, and delivery of services for minority individuals affected and infected with HIV/AIDS. 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “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 Meharry College to provide safeguards to prevent the use or disclosure of protected health information. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County and authorizing the acquisition and removal of 63 houses located in various floodway and floodplain areas in Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution approving amendments to agreements between the Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution classifying public roads in Davidson County, Tennessee. The resolution was approved by the Public Works Committee. Mr. Hodge moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Gary Bernard Sanders asserted against the Metropolitan Government of Nashville and Davidson County for the total amount of $22,500.00, and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
A resolution authorizing the construction, installation, and maintenance of an aerial encroachment at 420 Broadway for “The Second Fiddle” (Proposal No. 2010M-012EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Section 10.20.340 of the Metropolitan Code to allow persons owning property in Davidson County to utilize the Metropolitan Solid Waste Convenience Centers at the same fee charged to Davidson County residents. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance amending Ordinance No. O95-1379 and Second Substitute Ordinance BL2010-645 and approving an additional 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 Resources-Housing Committees by a voice vote of the Council.
An ordinance approving an agreement between the Metropolitan Government and Hospital Corporation of America concerning the exchange of certain parcels of real property and construction of a new public health center (Proposal No. 2011M-004PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.
An ordinance approving a construction agreement with CSX Transportation, Inc. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance abandoning 190 feet of an 8 inch sanitary sewer line and a 20 foot public utility easement for Centennial Medical Office properties, located at 2216 and 2222 Murphy Road and 334 23rd Avenue North, in connection to Project 10-SL-176, shown on Map 92-11, Parcel 213, 217, 218, and 227, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-028ES-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.
- BILLS ON SECOND READING -
An ordinance amending Section 2.222.020 of the Metropolitan Code to prohibit persons serving on Metropolitan Government boards or commissions from engaging in lobbying activity. The Rules-Confirmations-Public Elections Committee recommended deferment to the second meeting in May. Mr. Hollin moved to defer the bill to the second meeting in May, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 10.56.240 of the Metropolitan Code to exempt certain newer vehicles from the emissions testing requirements. The Budget and Finance and Health, Hospitals and Social Services Committees recommended indefinite deferment. Mr. Ryman moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 3 of the Metropolitan Code to prohibit former Members of the Metropolitan Council from being employed by the Metropolitan Government in the non-classified service for two years after leaving office, and requesting the Civil Service Commission to amend the Civil Service Rules to include such a provision regarding employment in the classified service. The Personnel-Public Information-Human Resources-Housing-Committee recommended deferment. Mr. Crafton moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located along Highway 70 South, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located along Highway 70 South, all of which is more particularly described herein. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Mitchell 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 2.210 of the Metropolitan Code relative to the eligibility requirements for the receipt of Economic and Community Development Incentive Grants. The Budget and Finance Committee recommended deferment. Ms. Gilmore moved to moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 7.16 of the Metropolitan Code pertaining to the location restrictions for the sale of liquor by artisan distilleries. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Gilmore 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 approving the disposition of a certain parcel of surplus property located at 217 South 10th Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-193U-5). The bill was approved by the Planning Commission, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning and Historical Committees. Mr. Jameson moved to moved to defer the bill because of some recent developments on the matter, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.16.250 pertaining to cosmetology and barber shops as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2009Z-032TX-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Pursuant to Rule No. 23 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.
An ordinance amending Chapters 17.04, 17.08, and 17.16 of the Metropolitan Code by deleting the definitions of “cash advance”, “check cashing”, “pawnshop”, and “title loan”, and deleting such uses from the land use table and the land use development standards (Proposal No. 2010Z-024TX-001). The Planning, Zoning and Historical Committee recommended indefinite deferment. Mr. Hollin moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 4.28 of the Metropolitan Code to prohibit Metropolitan Government contractors from discriminating on the basis of sexual orientation or gender identity through their employment practices. The Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees made no recommendation. Mr. Hollin moved to defer the bill, which motion was seconded. Mr. Ryman moved to table the motion to defer, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to defer, which motion was adopted by the following vote: “Ayes” Garrett, Steine, Maynard, Matthews, Harrison, Hollin, Jameson, Cole, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Wilhoite, Coleman, Todd, Mitchell (20); “Noes” Tygard, Craddock, Forkum, Ryman, Gotto, Burch, Claiborne, Crafton, Dominy, Hodge, Toler, Duvall (12); “Abstaining” Bennett, Foster (2).
An ordinance approving an amendment to the lease between the Metropolitan Government and Square Investment Holdings, LP for space in the Washington Square Building located at 222 Second Avenue North (Proposal No. 2011M-002PR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (32); “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 renaming a portion of Summitt Avenue to “West Summitt Avenue” (Proposal No. 2010M-002SR-001). The bill was approved by the Planning Commission, Historical Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
BILL NO. BL2011-844
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 RS5 to MUN zoning for properties located at 2733 and 2737 Herman Street, at the southeast corner of Herman Street and 28th Avenue North (0.17 acres), all of which is described herein (Proposal No. 2010Z-015PR-001). Ms. Langster offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2011-844
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 RS5 to SP zoning for properties located at 2733 and 2737 Herman Street, at the southeast corner of Herman Street and 28th Avenue North (0.19 acres), to permit a mixed-use development consistent with land use standards of the MUN zoning district, all of which is described herein (Proposal No. 2011SP-002-001). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee approved the bill and deferred by rule. Ms. Langster requested a suspension of the rules to override the committee deferral, and no objection was heard. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 2724 Elm Hill Pike, approximately 900 feet west of Donelson Pike (1.28 acres), to permit hotel and restaurant uses, all of which is described herein (Proposal No. 2011SP-001-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Claiborne moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “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 R6 to ON zoning for property located at 1101 38th Avenue North, approximately 180 feet north of John L. Driver Avenue (0.17 acres), all of which is described herein (Proposal No. 2010Z-026PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “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 2353 Gallatin Pike, approximately 400 feet east of Riverchase Boulevard (15.04 acres), to permit an expansion to an existing auto sales facility for auto sales (new and used), auto service, auto repair, car wash, private fuel storage and dispensing, auto parts sales, and auto storage, all of which is described herein (Proposal No. 2010SP-022-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Ryman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “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 MUN zoning for property located at 307 Wilburn Street, approximately 200 feet east of Meridian Street (0.28 acres), all of which is described herein (Proposal No. 2010Z-031PR-001). 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “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 IR to MUL zoning for property located at 2300 Charlotte Avenue, at the northwest corner of Charlotte Avenue and 23rd Avenue North (1.1 acres), all of which is described herein (Proposal No. 2010Z-027PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “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 AR2a to RS20 zoning for property located at 5700 Cane Ridge Road, opposite Blairfield Drive (5.49 acres), all of which is described herein (Proposal No. 2010Z-028PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “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 MUN zoning for property located at 7000 Harper Road, at the southeast corner of Clarksville Pike and Harper Road (3.9 acres), all of which is described herein (Proposal No. 2010Z-030PR-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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “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 R6 to SP zoning for property located at 24 Lincoln Street, at the northwest corner of Lincoln Street and Perkins Street (0.26 acres), to permit an existing one-story brick structure to be used as five apartment units, all of which is described herein (Proposal No. 2010SP-020-001). 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “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 RS5 to MUN zoning for property located at 731 McFerrin Avenue, at the southeast corner of McFerrin Avenue and Chicamauga Avenue within the Greenland Neighborhood Conservation Overlay (0.32 acres), all of which is described herein (Proposal No. 2010Z-033PR-001). 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, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (31); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution opposing any state legislation that would remove or inhibit local government powers of self-governance. The Rules-Confirmations-Public Elections Committee recommend deferment. Mr. Maynard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting Mayor Karl Dean and the Metropolitan Public Library Board to take the action necessary to relocate the Metropolitan Government Archives to the Ben West Library and to house a Davidson County museum in the Ben West Library. The resolution was approved by the Parks, Library and Recreation Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (30); “Noes” (0).
Without objection, the rules were suspended for consideration of two (2) late resolutions.
A resolution extending condolences on behalf of the citizens of Metropolitan Nashville and Davidson County to the Japanese people and the Government of Japan on the occasion of the great tragedy. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Foster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (30); “Noes” (0).
A resolution recognizing Keep America Beautiful’s Great American Cleanup and designating March, April and May 2011 as “Great American Cleanup Months” in Metropolitan Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (30); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.