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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Reverend Kristi Shay Moore of Bellevue Presbyterian Church.
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: Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (41); Absent: (0).
The Minutes of the regular meeting of November 1, 2011, were approved.
- ELECTIONS AND CONFIRMATIONS -
General Sessions Judge
The President called for an election to fill a vacancy expiring August 31, 2012, that now exists in the office of General Sessions Judge due to the death of Judge Leon Ruben. Nomination previously made were: Ms. Rachel Bell, Mr. John P, Brown, III, Ms. Tremecca D. Doss, Mr. Blake Freeman, Mr. Larry B. Hoover, Mr. Michael F. Jameson, Ms. Lynda Jones, Ms. Andrei Ellen Lee, Ms. Rosemary Ducklo Sexton, Mr. Paul J. Walwyn. The Rules-Confirmations-Public Elections Committee reported that the candidates had been interviewed and all were found qualified to serve. Mr. Larry B. Hoover and Ms. Andrei Ellen Lee withdrew their names. A vote was taken to fill the vacancy, and the Clerk confirmed the vote as follows: Freeman: Steine, Tygard, Hunt, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Baker, Langster, Dominy, Duvall, Mitchell (14); Jameson: Barry, Garrett, Maynard, ,Matthews, Harrison, Banks, Westerholm, Anthony Davis, Stites, Stanley, Moore, Allen, Gilmore, Weiner, Evans, Holleman, McGuire, Dowell, Todd (19); Jones: Scott Davis, Tenpenny, Harmon, Blalock, Johnson, Potts, Bedne (7). No candidate having received a majority vote, a run-off was held and the following vote confirmed: Freeman: Tygard, Hunt, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Baker, Langster, Weiner, Dominy, Johnson, Duvall, Mitchell (16); Jameson: Barry, Steine, Garrett, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Stites, Stanley, Moore, Allen, Gilmore, Evans, Holleman, McGuire, Harmon, Blalock, Potts, Bedne, Dowell, Todd (24). The President declared that Mr. Michael F. Jameson was elected General Sessions Judge for a term expiring August 23, 2017.
Electrical Examiners & Appeals Board
Appointment of Mr. Ed Cawthorne for a term expiring October 19, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. D. J. Robertson for a term expiring October 19, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Farmers Market Board
Appointment of Ms. Margot McCormack for a term expiring May 5, 2016. Ms. McCormack will fill the unexpired term of Dr. Alicia Batson. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Stormwater Management Committee
Appointment of Mr. Slade Sevier for a term expiring October 31, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 163-00-0 Parcel 255.00) for use as a community/recreation center, public library, and storage, including conversion of the parking area to a recreational area (Proposal No. 2011M-022PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees.
A resolution approving an application for a grant from the Tennessee Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation in partnership with the Southern Off Road Bicycling Association (SORBA), for the construction of two mountain bike trails in Cane Ridge and Bells Bend Parks. The resolution was approved by the Budget and Finance
and Parks, Library and Recreation Committees.
A resolution approving an interlocal agreement between the Emergency Communications District for Nashville and Davidson County and The Metropolitan Government of Nashville and Davidson County for partial funding of an upgrade to the 800MHZ simulcast trunk radio system for emergency dispatch and response. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving the Benefit Board’s waiver of repayment of disability pension benefit overpayments for Michael Lankford under Section 3.08.230 of the Metropolitan Code. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.
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.
A resolution approving Amendment Four 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.
A resolution approving contract Amendment Ten 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.
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 the Vanderbilt Center for Health Services to provide college students through the Communities and Students Together for Learning-Enhanced Services (CASTLES) Program to become community health workers to improve pediatric health outcomes. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the National Step Show Alliance to provide various step programs for project diabetes implementation activities in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving Amendment One to 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 provision of immunization program activities and staffing to monitor and assess the delivery of services by providers in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving Amendment Three to a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the Matthew Walker Comprehensive Health Center, Incorporated, for a mobile clinic to provide early periodic screening diagnosis and treatment exams. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution appropriating the amount of $9,950,200.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance; Convention, Tourism and Public Entertainment Facilities; Health, Hospitals and Social Services; Parks, Library and Recreation; Personnel-Public Information-Human Resources-Housing; Public Safety-Beer and Regulated Beverages and Public Works Committees.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Kamilah S. Hatcher. The resolution was approved by the Budget and Finance Committee.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Van Tu. The resolution was approved by the Budget and Finance Committee.
A resolution requesting the Metropolitan Board of Fair Commissioners to consider including a theme park as part of the Fairgrounds master plan. The resolution was approved by the Codes, Fair and Farmers Market Committee.
Having been unanimously approved by all of the appropriate Committees, Mr. Steine moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).
- RESOLUTIONS -
A resolution to acquire additional or different easements or property rights 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-002). The resolution was approved by the Budget and Finance Committee; the Public Works Committee recommended withdrawal. Mr. Stanley moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
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 the Corinthian Missionary Baptist Church to improve kitchen facilities in the Church by purchasing new equipment and to develop and promote community gardens in North Nashville. The resolution was approved by the Budget and Finance Committee; the Health, Hospitals and Social Services Committee made no recommendation. Ms. Langster offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Langster moved to defer the resolution as amended, to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. RS2011-78
A resolution authorizing the acquisition of property by negotiation or condemnation for use in a public project for the Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of a new fire station in the Joelton area (Proposal No. 2011M-020PR-001). Mr. Matthews offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2011-78
A resolution authorizing the Director of Public Property to exercise an option to purchase property for use in a public project for the Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of a new Fire Station in the Joelton area ( Proposal No. 2011M-020PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).
- BILLS ON INTRODUCTON AND FIRST READING -
An ordinance amending Chapter 6.74 of the Metropolitan Code pertaining to the regulation and operation of motorized, non-taxi passenger vehicles for hire. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Convention, Tourism and Public Entertainment Facilities, Public Safety-Beer and Regulated Beverages and Transportation and Aviation Committees by a voice vote of the Council.
An ordinance granting the Purchasing Agent and the Metropolitan Employee Benefit Board the authority to extend the current medical plan contracts for up to two years. 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 two agreements relating to the acquisition of property for use as a public park and open space (Proposal No. 2011M-021PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance approving and accepting a combined contribution in the total amount of $60,000 from Hillsboro Plaza Retail Partners III, LLC and Davis Street Land Company of Tennessee, L.L.C. toward the cost of signal improvements at the intersection of Abbott Martin Road and Hillsboro Pike in Green Hills. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Traffic and Parking and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the acceptance of a right-of-entry and easement from Grand Ole Opry, LLC on a portion of the property located at 116 Opry Place, approximately 215 feet south of Commerce Street, to install a fire hydrant (Proposal No. 2011M-019ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of a property or easement to be used for an upgrade to the Hillview Water Pumping Station, Project No. 10-WG-0063, on property located at 900 Old Hickory Boulevard (Proposal No. 2011M-011ES-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.
An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2011M-001OT-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 5.16.060 of the Metropolitan Code to allow the One Dollar ($1.00) litigation tax on all cases in the general sessions and juvenile courts to be used for centers that handle victim-offender mediation and other community mediation matters. The bill was approved by the Budget and Finance Committee. Ms. Barry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 15.64 of the Metropolitan Code to allow recreational athletic fields and associated structures to be constructed within the floodway under certain conditions. The bill was approved by the Parks, Library and Recreation and Public Works Committees with an amendment. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 15.64.034 of the Metropolitan Code to require quarterly stormwater reports to be submitted to the Metropolitan Council. The Budget and Finance and Public Works Committees recommend deferment. Mr. Stanley moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by changing the name of Centennial Place to “Wayne Wise Place” (Proposal No. 2011M-001SR-001). The Public Works, Traffic and Parking Committees and Planning, Zoning and Historical Committees recommended deferment. Mr. Hunt moved to defer the bill to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 2.222 of the Metropolitan Code regulating the acceptance of food and beverages for Metropolitan Government employees, elected officials, and members of boards and commissions. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 4.20.065 of the Metropolitan Code to require Metropolitan Government contractors to present proof of a valid business tax license before receiving payment for performance of the contract. The Budget and Finance Committee recommended deferment. Mr. Tygard moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 4.44 of the Metropolitan Code to provide the ability for procurement assistance to Service-Disabled Veteran Business Enterprises. The bill was approved by the Budget and Finance Committee with an amendment. Mr. Hunt offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hunt moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 10.28 of the Metropolitan Code relative to the regulation of excessive growth of vegetation and accumulation of weeds. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of easements for use in public projects of The Metropolitan Government of Nashville and Davidson County with relation to Project No. 10-SG-0083, Lakewood Laterals and Rehabilitation (Proposal No. 2011M-008ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Jernigan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2011-2012. The bill was approved by the Budget and Finance Committee. Mr. McGuire moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a loan agreement and accepting a loan of artwork to the Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance Committee. Mr. McGuire moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County and United Road Towing for the administration and operation of the Metro Impound Lot. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. 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 Title 5 of the Metropolitan Code of Laws relative to the privilege tax on the sale of tickets to events at the municipal stadium. The bill was approved by the Budget and Finance Committee and Convention, Tourism and Public Entertainment Facilities Committees. Mr. Westerholm moved to pass the bill on second reading, which motion was seconded and adopted by a roll call of the Council.
An ordinance amending Section 7.16.120 of the Metropolitan Code by changing the residency and stock ownership requirements for applicants seeking a certificate of compliance for a retail liquor license issued by the State of Tennessee Alcoholic Beverage Commission. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Garrett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7822 with the State of Tennessee, Department of Transportation, Project No. 19959-2583-94, to construct PIN Number 106007.00, Battery Lane bridge over West Fork Brown’s Creek at LM 4.31. The bill was approved by the Budget and Finance and Public Works Committees with an amendment. Mr. Todd offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Todd moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of an easement on a portion of property located at 826 Cammack Court, approximately 875 feet east of Rodney Drive (Proposal No. 2011M-013ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Evans moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the purchase of easements to be used for the Metro Center Pump Station Upgrade on properties located at the northeast corner of the intersection of Mainstream Drive and Great Circle Road, Project No. 12-SW-0017 (Proposal No. 2011M-016ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon approximately 825 feet of a 6 inch water main and 110 feet of an 8 inch sanitary sewer line, and to accept the relocation of 765 feet of a 10 inch water main, 12 feet of an 8 inch water main, 1 fire hydrant, and 1 manhole located at 2010 Bernard Circle, west of 12th Avenue South (Proposal No. 2011M-014ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acceptance of an easement located at 7158 Old Hickory Boulevard, south of Lickton Pike, for the Whites Creek Streambank Stabilization Project (Proposal No. 2011M-012ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance naming the Nashville Municipal Auditorium as the “Musicians Hall of Fame and Museum at the Nashville Municipal Auditorium”. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance authorizing the acquisition of property in fee simple by negotiation, condemnation, or acceptance for the purpose of acquiring land to construct a new Metropolitan Nashville Police Precinct. The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance abandoning 86 linear feet of an 8 inch sanitary sewer line and easements rights on a portion of property located at 3308 John Mallette Drive between Manchester Avenue and S. Hamilton Road, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2011M-003ES-001). The bill was approved by the Planning Commission, Public Works 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” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance to abandon approximately 240 feet of a 102” combination sewer main and accept the approximately 400 feet of relocated 102” combination sewer main on property located at 220 25th Avenue North, at the intersection of 25th Avenue North and Brandau Place, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2011M-007ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance authorizing the Metropolitan Government to enter into an agreement with First Citizens National Bank to fund the operation and maintenance of a public pressure sewer extension at Cambridge Park. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance approving two agreements with Vanderbilt University for the participation and clinical training of medical students and residents in the Metropolitan Nashville Fire Department’s first responder and ambulance and rescue programs. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance to abandon approximately 100 feet of an 8 inch sanitary sewer line and easement and accept the relocation of approximately 120 feet of an 8 inch sanitary sewer line and easement on property located at 306 Gallatin Pike, approximately 250 feet south of Duling Avenue, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2011M-009ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Pridemore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Clay Street, 5th Avenue North, 6th Avenue North, and Alley No. 207 (Proposal No. 2011M-008AB-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. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 908 right-of-way (Proposal No. 2011M-006AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of John Hagar Road right-of-way (Proposal No. 2011M-004AB-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. Glover moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
BILL NO. BL2011-15
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 436 and an Unnumbered Alley right-of-way (Proposal No. 2011M-009AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic & Parking and Planning, Zoning and Historical Committees. Ms. Allen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “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 a portion of property located at 3556 Dickerson Pike, approximately 700 feet south of Due West Avenue and partially located within the Floodplain Overlay District (1.36 acres), to permit automobile sales (used), automobile repair, automobile service and all other uses permitted by the CS District, all of which is described herein (Proposal No. 2011SP-018-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by a roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “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 SP zoning for part of properties located at 4608 Ashland City Highway and part of property located at Ashland City Highway (unnumbered), approximately 3,450 feet west of Briley Parkway (2.99 acres), to permit Building Contractor Supply and all uses permitted in the AR2a zoning district, all of which is described herein (Proposal No. 2011SP-016-001). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Matthews offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Matthews moved to pass the bill on third reading as amended, which motion was seconded and adopted by a roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (36); “Noes” Evans (1).
Without objection Bill Nos. BL2011-19 and BL2011-20 were considered together.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing the former City of Lakewood (LW) to Metropolitan Government of Nashville and Davidson County zoning, specifically, from LW-AP to SP (4.24 acres) and from LW-OSP to SP (61.68 acres) for properties comprising 65.92 acres located at Old Hickory Boulevard (unnumbered) 114 Ray Avenue, Ray Avenue (unnumbered), 111 McArthur Drive, McArthur Drive (unnumbered), Riner Drive (unnumbered) and at Kingsway Drive (unnumbered) and for a portion of properties located at McArthur Drive (unnumbered) and at Ray Avenue (unnumbered), all of which is described herein (Proposal No. 2011SP-022-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jernigan offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2011-20
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to rezone from former City of Lakewood (LW) Zoning to Metropolitan Government of Nashville and Davidson County Zoning for 1,135 properties comprising 487.58 acres: LW-Residential (R) to RS5 (55.81 acres), LW-R to RS7.5 (88.05 acres), LW-R to RS10 (53.11 acres), LW-R to RS15 (96.14 acres), LW-R to R15 (2.59 acres), LW-R to RS20 (128.92 acres), LW-R to R20 (0.07 acres), LW-R to RS30 (.13 acres), LW-R to RM15 (.52 acres), LW-Commercial Limited (CL) to MUN (17.57 acres), LW-Commercial (C) to MUL-A (2.12 acres), and LW-C to MUL (42.55 acres), all of which is described herein (Proposal No. 2011Z-018PR-001). Mr. Jernigan offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to rezone from former City of Lakewood (LW) Zoning to Metropolitan Government of Nashville and Davidson County Zoning for 1,135 properties comprising 487.58 acres: LW-Agriculture (A) to RS20 (.77 acres), LW-Residential (R) to RS5 (55.81 acres), LW-R to RS7.5 (88.05 acres), LW-R to RS10 (53.11 acres), LW-R to RS15 (96.14 acres), LW-R to R15 (2.59 acres), LW-R to RS20 (128.15 acres), LW-R to R20 (0.07 acres), LW-R to RS30 (.13 acres), LW-R to RM15 (.52 acres), LW-Commercial Limited (CL) to MUN (17.57 acres), LW-Commercial (C) to MUL-A (2.12 acres), and LW-C to MUL (42.55 acres), all of which is described herein (Proposal No. 2011Z-018PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Jernigan moved to pass the bills on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “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 cancelling a portion of the Willie's Nightlife Commercial Planned Unit Development Overlay District located at 2620 and 2622 Music Valley Drive, approximately 1,965 feet east of Pennington Bend Road (7.31 acres), zoned CA and proposed for SP, approved for a nightclub and maintenance garage, all of which is described herein (Proposal No. 68-72P-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” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “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 CA to SP zoning for properties located within the Willie's Nightlife Commercial Planned Unit Development Overlay District at 2620 and 2622 Music Valley Drive, approximately 1,965 feet east of Pennington Bend Road (7.31 acres), to permit "Heavy Equipment Sales and Service", and all other uses permitted by the CA zoning district, all of which is described herein (Proposal No. 2011SP-021-001). 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” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “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 cancelling a portion of the Music City Outlet Center Planned Unit Development District Overlay on property located at 2471 McGavock Pike, approximately 930 feet west of Music Valley Drive, approved for a 4,400 square foot convenience market (1.13 acres), zoned CA and within the Floodplain Overlay District, all of which is described herein (Proposal No. 117-83P-001). 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” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “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 RS15 to SP zoning for a portion of property located at 3810 Kings Lane, approximately 1,250 feet west of Clarksville Pike (0.02 acres), to permit a sign totaling 96 square feet in size containing a 33 square foot digital reader board, all of which is described herein (Proposal No. 2011SP-020-001).
The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended indefinite deferment. Mr. Matthews moved to defer the bill indefinitely, the bill being requested by Witt Sign Company, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Chapter 17.12 (District Bulk Provisions) of the Metropolitan Zoning Code by adding a note to the District Bulk Tables to clarify minimum lot requirements when a right-of-way dedication is required (Proposal 2011Z-013TX-001). 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” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (37); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to require Metropolitan Government authorities and agencies created under state law to condition the payment of governmental funds to contractors doing work in Davidson County upon proof of a valid business tax license issued by the Davidson County Clerk. The resolution was approved by the Convention, Tourism and Public Entertainment Facilities Committee; the Budget and Finance Committee recommended deferment. Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.