Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, July 19, 2011


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 Michael Craddock.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and Neighbors (39); Absent: LaLonde, Adkins (2).

The Minutes of the regular meeting of July 5, 2011, were approved.

- ELECTIONS AND CONFIRMATIONS -

Health and Educational Facilities Board

The President called for nominations to fill one (1) vacancy on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. Ms. Barry nominated Sara Rosson; Ms. Gilmore nominated Shirley Corry. There being no further nominations, the President declared the nominations closed. The nominees were referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.

Auditorium Commission
Reappointment of Rev. Rod Glatt for a term expiring June 30, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. John Landers for a term expiring June 30, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Employee Benefit Board
Reappointment of Mr. G. Thomas Curtis for a term expiring June 30, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Board of Equalization
Appointment of Ms. Connie Hardin for a term expiring April 1, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Fire and Building Code Appeals Board
Reappointment of Mr. Michael Bearden for a term expiring March 1, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Historic Zoning Commission
Appointment of Mr. Richard Fletcher for a term expiring June 1, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Hospital Authority
Reappointment of Dr. Michele Williams for a term expiring July 11, 2016. At the request of the nominee, the confirmation was deferred to August 16, 2011.

Metropolitan Development and Housing Agency
Appointment of Mr. Jimmy Granbery for a term expiring November 5, 2015. Mr. Granbery will fill the unexpired term of Mr. Gary Brown. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Tourism and Convention Commission
Reappointment of Ms. Jane Andrews for a term expiring June 30, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Patrick Franzone for a term expiring June 30, 2014. At the request of the nominee, the confirmation was deferred.

Reappointment of Mr. Howard Kittell for a term expiring June 30, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Shannon Sanders for a term expiring June 30, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Wastewater Hearing Authority
Reappointment of Ms. Ruthie Brown Cherry for a term expiring October 1, 2012. At the request of the nominee, the confirmation was deferred.

Reappointment of Ms. Terry Kevlin for a term expiring October 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Dr. Robert Wingfield, Jr. for a term expiring October 1, 2012. At the request of the nominee, the confirmation was deferred.

- PUBLIC HEARING -

RESOLUTION NO. RS2011-1738

A resolution exempting Rumours East located at 1112 Woodland Street from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. 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. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2011-1739

A resolution appropriating a total of $1,800,000 from three accounts of the General Fund of the General Services District to various nonprofit organizations selected to receive community enhancement grant funds. The resolution was approved by the Budget and Finance Committee. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1740

A resolution approving Amendment One to a grant from the Southeast Energy Efficiency Alliance to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Environment and Sustainability, to increase residential energy efficiency building retrofits which include financial incentives to homeowners and community outreach programs. The resolution was approved by the Budget and Finance Committee. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1741

A resolution approving a contract with Arthur J. Gallagher Risk Management Services, Inc., Agent for Lexington Insurance Company, for purchase of insurance services for the Metropolitan Government. The resolution was approved by the Budget and Finance Committee. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1742

A resolution approving an application for the Bureau of Justice Assistance (BJA) Joint Adult Drug Court Solicitation to Enhance Services, Coordination, and Treatment Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County (BJA-2011-3021). 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1743

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 State Trial Courts, to assist in treating participants that have alcohol and drug addictions. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1744

A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County for interpreters’ services in the mediation stage for parents involved in divorce or post-divorce cases involving minors. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1745

A resolution accepting a grant from the State of Tennessee, Department of Correction, to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, for the expenses of housing and treating non-violent felony offenders with co-occurring addiction and mental health disorders. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1746

A resolution approving an application for the United States Department of Health and Human Services Behavioral Health Treatment Court Collaboratives Grant to The Metropolitan Government of Nashville and Davidson County. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1747

A resolution approving Amendment Two to 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 Davidson County Sheriff’s Office, for the construction of additional correctional capacity at the Metropolitan Detention facility. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1748

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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1749

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 TENNderCare outreach program services for enrolled children. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1750

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. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1751

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, for the Healthy Start Home Visiting Program to provide services for qualified families. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Barry to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1752

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, for breast and cervical cancer screenings. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1753

A resolution accepting a grant from The Greater Nashville Affiliate of the Susan G. Komen Breast Cancer Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the Witness Project of Davidson County to increase breast cancer screening. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1754

A resolution accepting a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide homemaker services to eligible customers. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1755

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, to coordinate resources to prevent duplication and ensure the effective delivery of workforce services in Workforce Development Area Nine (33710-73312). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1756

A resolution authorizing an amendment to an agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County for a Flood Preparedness Study. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hodge moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1757

A resolution authorizing an amendment to an agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County for the Mill Creek Watershed Feasibility Study, and authorizing all necessary officials to execute the same. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hodge moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1758

A resolution approving the property at 7320 Centennial Boulevard to be used for a waste transfer facility. The resolution was disapproved by the Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to disapprove the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1759

A resolution authorizing Miami Beach Resorts d/b/a Simply The Best $10 Boutique to construct, install and maintain an aerial encroachment at 176 2nd Avenue North (Proposal No. 2011M-003EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1760

A resolution authorizing Station Lofts LP, DBA Germantown Place, to construct, install and maintain an aerial encroachment at 1501 Rosa Parks Boulevard (Proposal No. 2011M-004EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1761

A resolution authorizing Tinney Contemporary to construct, install, and maintain an aerial encroachment at 237 5th Avenue North (Proposal No.2011M-006EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1762

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Kathy Dickson against The Metropolitan Government of Nashville and Davidson County for $20,000.00. The resolution was approved by the Budget and Finance Committee. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2011-1763

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Young McDonald against the Metropolitan Government of Nashville and Davidson County in the amount of $15,000.00, and that said amount is paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
Without objection, the rules were suspended for consideration of one (1) late resolution.

RESOLUTION NO. RS2011-1764

A resolution accepting the resignation of Criminal Court Clerk David C. Torrence. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

The President announced that a vacancy now exists in the office of Criminal Court Clerk, which vacancy is to be filled by the Metropolitan Council. President Neighbors stated that, pursuant to Rule 43 of the Metropolitan Council Rules of Procedure, nominations must be filed with the Metropolitan Clerk not later than 4:00 p.m. on Tuesday, July 26, 2011, and that an election to fill the vacancy will be conducted at the regular meeting of the Council on August 16, 2011.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-962

An ordinance amending Section 6.04.035 of the Metropolitan Code to designate the Department of Public Works as an additional agency for the enforcement of ordinances prohibiting the placement of signs on utility poles, in the public right-of-way, and on public property. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market and Public Works Committees by a voice vote of the Council.

BILL NO. BL2011-963

An ordinance naming the bridge on Newsom Station Road over the Harpeth River in honor and memory of Danny Tomlinson. 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.

BILL NO. BL2011-964

An ordinance approving the disposition of a certain parcel of real property located at 106 Old Brick Church Pike in Goodlettsville, known as the former Goodlettsville Public Library, by the Director of Public Property (Proposal No. 2011M-015PR-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, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2011-965

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Department of Public Works, and Creative Outdoor Advertising of America to provide a public right-of-way recycling and waste collection system within the USD with sponsorship rights, and authorizing the execution of the same. 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.

BILL NO. BL2011-966

An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation in relation to construction and maintenance of a berm (Proposal No. 2011M-016PR-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, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2011-967

An ordinance authorizing Innophos, Inc. to install, construct and maintain an underground and aerial encroachment within the right-of-way of Centennial Boulevard (Proposal No. 2011M-002EN-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.

BILL NO. BL2011-968

An ordinance authorizing Nashville Data Link, Inc. to install, construct and maintain an underground and aerial encroachment at Murfreesboro Road to Elm Hill Pike to Orr Avenue to Rundle Avenue to Fesslers Lane (Proposal No. 2011M-007EN-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.

BILL NO. BL2011-969

An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation in relation to the Gateway to Heritage Phase IB streetscape improvements (Proposal No. 2011M-014PR-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.

BILL NO. BL2011-970

An ordinance approving and accepting a contribution in the amount of $50,000 from Centex Homes for road improvements at the intersection of Hamilton Church Road and Mt. View Road. 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.

- BILLS ON SECOND READING -

BILL NO. BL2011-885

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from RS15 to SP zoning for properties located at 4124, 4140, 4144 and 4156 Central Pike and at 6002 S. New Hope Road, approximately 1,200 feet west of S. New Hope Road (25.93 acres), to permit a mixed-use development consisting of office, retail, commercial, restaurant, multi-family and live/work uses, all of which is described herein (Proposal No. 2011SP-005-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-888

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from RS15 to SP zoning for properties located at 4161 and 4193 Central Pike, opposite S. New Hope Road (6.68 acres), to permit up to 135 multi-family units consisting of either live/work units, flats and/or townhomes with a proposed 78 units at 4161 Central Pike and 57 units at 4193 Central Pike, all of which is described herein (Proposal No. 2011SP-006-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended withdrawal. Mr. Gotto moved to withdraw the bill, the bill being requested by Anderson, Delk, Epps & Associates, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-918

An ordinance amending Title 2 of the Metropolitan Code to create a Metropolitan community garden commission. The Codes, Fair and Farmers Market; Health, Hospitals and Social Services; Parks, Library and Recreation; and Planning, Zoning and Historical Committees recommended indefinite deferment. Mr. Matthews moved to defer the bill indefinitely so that further discussion can take place, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-951

An ordinance amending Title 2 of the Metropolitan Code by adding a new Chapter 2.190 governing rulemaking by Metropolitan Government departments, agencies, boards and commissions. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Ryman moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-952

An ordinance amending Chapter 5.10 of the Metropolitan Code to allow public art funds to be used for the commissioning and installation of statues, memorials, and monuments. The bill was disapproved by the Budget and Finance Committee. Ms. Wilhoite offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite moved to defer the bill as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-953

An ordinance amending Chapter 16 of the Metropolitan Code of Laws by adopting the 2011 Edition of the National Electrical Code and amendments thereto. The bill was approved by the Codes, Fair and Farmers Market Committee. Ms. Wilhoite moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-954

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 Crestview Drive right-of-way (Proposal No. 2011M-003AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Traffic and Parking and Planning, Zoning and Historical Committees; the Public Work Committee recommended deferment. Mr. McGuire moved to suspend the rules to override the committee recommendation for deferment, which motion was seconded and adopted without objection. Mr. McGuire moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-955

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 March 22, 2011. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Burch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-956

An ordinance amending Chapter 6.74 of the Metropolitan Code relating to operation regulations, vehicle regulations, dispatching regulations, vehicle title regulations, and fare charge amounts for passenger vehicles for hire other than taxicabs. The Budget and Finance, Public Safety-Beer and Regulated Beverages and Transportation and Aviation Committees recommended deferment. Mr. McGuire moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-957

An ordinance amending Title 15 of the Metropolitan Code pertaining to the metering of water consumption and sewerage use by commercial class customers of the Department of Water and Sewerage Services. The Budget and Finance and Public Works Committees recommended deferment. Mr. Toler moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-958

An ordinance abandoning 9 water service lines and 407 linear feet of a 10 inch sanitary sewer line, 279 linear feet of a 15 inch sanitary sewer line, 252 linear feet of a 18 inch sanitary sewer line, and 89 linear feet of an 8 inch sanitary sewer line, and accepting 384 linear feet of a 12 inch sanitary sewer and easement, on properties located at Rosa Parks Boulevard, Commerce Street, 7th Avenue North, and Church Street, in connection to Project 10-SL-149, and authorizing the execution of documents to carry out said transaction (Proposal No. 2011M-005ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-959

An ordinance authorizing the execution and filing with the Register of Deeds a Notice of Land Use Restriction for the Old Due West Landfill Site (Proposal No. 2011M-010PR-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hodge moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-960

An ordinance abandoning an existing drainage easement on a portion of property located at 830 Gale Lane, west of Franklin Pike (Proposal No. 2011M-004ES-001). ). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-961

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 Trousdale Drive right-of-way (Proposal No. 2011M-007AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

Without objection Bill Nos. BL2011-901 and BL2011-923 were considered together.

BILL NO. BL2011-901

An ordinance amending Chapters 17.08, 17.12, 17.16 and 17.40 of Title 17 of the Metro Zoning Code to create a new land use called "Single-Family Cottage Development" and to allow it in all two-family (R) zoning districts, and to make a technical change to Chapter 17.40 pertaining to variances (Proposal No. 2011Z-006TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Cole offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-923

An ordinance amending Chapters 17.04 and 17.12 of Title 17 of the Metro Zoning Code to amend the definition of “Cottage Development, Single-Family” and the standards for Single-Family Cottage Developments (Proposal No. 2011Z-010TX-001). The bill was approved by the Planning Commission; the Planning Committee recommended deferment.

Mr. Cole moved to defer the bills to the second meeting in August so that further information can be disseminated and questions answered, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-916

An ordinance amending Chapter 12.41 of the Metropolitan Code pertaining to the licensing and operation of valet services within the area of the Metropolitan Government. The bill was approved by the Traffic and Parking Commission, Budget and Finance and Traffic and Parking Committees. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

SUBSTITUTE BILL NO. BL2011-920

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 Neighborhood Conservation Overlay District to properties located south of Interstate 40 along 43rd Avenue North, 44th Avenue North, 47th Avenue North, 48th Avenue North, 50th Avenue North, 51st Avenue North, Elkins Avenue, Park Avenue, Charlotte Avenue, and Sylvan Glen Court (50.28 acres), all of which is described herein (Proposal No.2011NHC-001-001). Mr. Holleman offered a second substitute ordinance and moved that it be accepted for filing and no objection was made.

SECOND SUBSTITUTE BILL NO. BL2011-920

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 Neighborhood Conservation Overlay District to properties located south of Interstate 40 along 43rd Avenue North, 44th Avenue North, 47th Avenue North, 48th Avenue North, 50th Avenue North, 51st Avenue North, Elkins Avenue, Park Avenue, and Sylvan Glen Court (36.39 acres), all of which is described herein (Proposal No. 2011NHC-001-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-922

An ordinance to amend the Metro Zoning Code, Chapters 17.04 (Definitions), 17.32 (Sign Regulations) and 17.40 (Administration and Procedures) to include definitions associated with Landmark Signs; a new section on Landmark Signs, and the procedure for the designation of Landmark Signs (Proposal No. 2011Z-009TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-925

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 IWD zoning for property located at 3941 and 3945 Stewarts Lane, approximately 3,100 feet south of Ashland City Highway (4.44 acres), all of which is described herein (Proposal No. 2011Z-015PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-927

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD to MUG district for properties located at 1004 and 1016 8th Avenue South, approximately 175 feet south of Archer Street (1.31 acres), all of which is described herein (Proposal No. 2011Z-008PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-928

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 preliminary plan for the Belle Arbor Planned Unit Development Overlay located at 3549 Brick Church Pike and at Westchester Drive (unnumbered), south of Bellshire Drive (73.59 acres), zoned RM6, R10 and partially located within the Floodplain Overlay District, to permit 351 residential units where 371 were previously approved and to eliminate three street connections, all of which is described herein (Proposal No. 2005P-023-003). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” Hollin, Evans (2); “Abstaining” Jameson, Cole (2).

BILL NO. BL2011-929

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 MUG-A district for property located at 615 Spruce Street and 21st Avenue North (unnumbered), north of Charlotte Pike (2.06 acres), all of which is described herein (Proposal No. 2011Z-016PR-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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-930

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 R20, RM9, and IWD to SP zoning for properties located at 2114 Smith Springs Road, 1806 Reynolds Road, 1812 Reynolds Road and at Reynolds Road (unnumbered), approximately 1,700 feet north of Smith Springs Road (48.57 acres), to permit a maximum of 950,000 square feet of industrial, office, warehouse and distribution, up to 78 multi-family residential units and open space uses, all of which is described herein (Proposal No. 2011SP-004-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Wilhoite moved to suspend the rules to allow an amendment to be heard and no objection was made. Ms. Wilhoite offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Wilhoite moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-931

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 district for property located at 7791 Charlotte Pike, approximately 2,450 feet west of Forrest Valley Drive (10.0 acres), all of which is described herein (Proposal No. 2011Z-013PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Mitchell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Mitchell moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-933

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 RS40 to SP zoning for property located at 7836 Old Harding Pike, at the intersection of Learning Lane and Old Harding Pike (1.26 acres), to permit a daycare center, all of which is described herein (Proposal No. 2011SP-011-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Mitchell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Mitchell moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-934

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CL district for property located at Murfreesboro Pike (unnumbered), approximately 350 feet south of Vultee Boulevard (1.04 acres), all of which is described herein (Proposal No. 2011Z-005PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Burch moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-936

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 preliminary plan for the Cumberland Yacht Harbor Planned Unit Development located at 2140 Lebanon Pike and 252 Donelson Hills Drive, at the southwest corner of Lebanon Pike and Donelson Hills Drive, classified MUG and located within the Floodplain Overlay District (40.0 acres), to permit the development of 126 dwelling units, 18,000 square feet of commercial space, replacing 181 dwelling units, 50,735 square feet of commercial space and a marina previously approved, all of which is described herein (Proposal No. 2003P-007-002). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-937

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 Southview on 2nd Specific Plan (Council Bill BL2010-781) and by changing from R6 to SP for properties located at 1064, 1066, 1068, 1070, 1072 A, B, and C, 1074, A, B and C, and 1078 2nd Avenue South and at 112 Mildred Shute Avenue, at the northeast corner of 2nd Avenue South and Mildred Shute Avenue (0.93 acres), to add 0.8 acres to the Specific Plan District and to permit the development of up to 19 dwelling units, all of which is described herein (Proposal No. 2010SP-015-002). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Moore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Mitchell moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-938

An ordinance to amend Chapter 2.32 of the Metropolitan Code pertaining to the authorized use of Metropolitan Government vehicles. The bill was approved by the Budget and Finance and Transportation and Aviation Committees.
Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-939

An ordinance amending Section 10.68.010 of the Metropolitan Code to exempt non-projectile canons and rifles used as part of an outdoor memorial service or commemoration from the definition of “fireworks”. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-941

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 Carlex Glass America L.L.C.’s acquisition and operation of the Nashville Glass Plant. The bill was approved by the Budget and Finance Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes”(0).

BILL NO. BL2011-942

An ordinance approving a utility agreement between the Metropolitan Government of Nashville and Davidson County and BellSouth Telecommunications, Inc. d/b/a AT&T Tennessee in relation to construction of the Gateway Boulevard extension. The bill was approved by the Budget and Finance and Public Works 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes”(0).

BILL NO. BL2011-944

An ordinance approving Amendment 2 to a contract between The Metropolitan Government and Ovations Food Services, LP for food and beverage services. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Ms. Barry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes”(0).

BILL NO. BL2011-946

An ordinance authorizing the Director of Public Property, or his designee, to accept, execute and record a quitclaim deed from Academy Square, Inc. to The Metropolitan Government for a certain parcel of property and execute and convey a quitclaim deed from The Metropolitan Government to Academy Square, Inc. for an adjacent parcel of property (Proposal No. 2011M-008PR-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Stanley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes”(0).

BILL NO. BL2011-947

An ordinance authorizing the acquisition of a 100 square foot easement for an upgrade to the Munn Road Pump Station turn around, for use in public projects of the Metropolitan Government of Nashville and Davidson County, with relation to Project Number 10-SG-220, Munn Road Pump Station (unnumbered) (Proposal No. 2010M-030ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Stanley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes”(0).

BILL NO. BL2011-948

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 MUI district for property located at 28th Avenue North (unnumbered), at the northeast corner of 28th Avenue North and Charlotte Avenue (3.06 acres), all of which is described herein (Proposal No. 2011Z-012PR-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, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes”(0).

BILL NO. BL2011-949

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 Bar-B-Cutie Commercial Planned Unit Development Overlay located at 5207 Nolensville Pike, approximately 120 feet north of Brewer Drive, classified CS (1.77 acres), to permit a 560 square foot dining room addition to an existing 6,000 square foot restaurant, all of which is described herein (Proposal No. 158-75P-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Foster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes”(0).

BILL NO. BL2011-950

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 Standard Candy Company. The bill was approved by the Budget and Finance Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes”(0).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2011-1725

A resolution expressing the Metropolitan Council’s desire that the Council be regularly updated as to the lobbying efforts by the Mayor and his administration concerning legislation pending in the Tennessee General Assembly. Mr. Crafton offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2011-1725

A resolution expressing the Metropolitan Council’s desire that the Council be regularly updated as to the lobbying efforts by the Mayor and his administration concerning legislation pending in the Tennessee General Assembly, and requesting the Davidson County Delegation to the Tennessee General Assembly to periodically update the Metropolitan Council concerning legislation that would impact the Metropolitan Government. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes”(0).

Upon motion duly seconded, the meeting was adjourned.