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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Lonnell Matthews, Jr.
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, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (40); Absent: Gilmore (1).
The Minutes of the regular meeting of November 15, 2011, were approved.
The President announced vacancies in the offices of Public Administrator, Public Guardian, and Public Trustee for four-year terms, which appointments are made by the Metropolitan Council pursuant to state law. Nominations must be filed with the Metropolitan Clerk not later than 4:00 p.m. on Tuesday, December 13, 2011, and an election to fill the offices will be conducted at the meeting of December 20, 2011.
- ELECTIONS AND CONFIRMATIONS -
Agricultural Extension Board
Appointment of Mr. Mark Kerske for a term expiring August 1, 2014. 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.
Community Corrections Advisory Board
Appointment of Mr. Jason Smith for a term expiring October 1, 2013. 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.
Hospital Authority
Appointment of Dr. Karl VanDevender for a term expiring July 1, 2012. Dr. VanDevender will fill the unexpired term of Dr. Fred Allison. 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.
Metropolitan Development & Housing Agency
Appointment of Mr. Gif Thornton for a term expiring November 5, 2016. 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.
Sexually Oriented Business Licensing Board
Appointment of Ms. Kenya Hall for a term expiring October 10, 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 approving an application for the U.S. Homeland Security Grant from the State of Tennessee, Tennessee Emergency Management Agency, 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.
A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for an enhanced DUI enforcement initiative to reduce traffic fatalities attributed to impaired drivers. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution accepting a grant from the U. S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to create a comprehensive strategy to address issues and barriers to responsible fatherhood. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09F121DSLWK12). 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 Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare adults for re-entry into the labor force (LW09F121ADULT12). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.
A resolution to acquire additional or different property rights for Munn Road Pump Station, Project Number 10-SG-220 (Proposal No. 2010M-030ES-003). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees.
A resolution approving an agreement with Red River Ranch, LLC to provide services, labor, equipment, materials and supplies for the processing, disposal and recycling of wood and yard waste. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution authorizing Edward Smith to construct, install, and maintain an aerial encroachment at 121 3rd Avenue South (Proposal No. 2011M-012EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.
A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7830 with the Tennessee Department of Transportation for Project No. 94053-2221-14 to construct PIN#: 102915.02 along Concord Road between Sunset Road and Nolensville Pike in Williamson and Davidson Counties. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7823 with the Tennessee Department of Transportation for Project No. 19959-2582-94 to construct PIN Number 106015.00, Westlawn Drive bridge over branch at log mile 0.41 in Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Kelly Cox against The Metropolitan Government of Nashville and Davidson County for $20,000.00. The resolution was approved by the Budget and Finance Committee.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Tonya Ringer against The Metropolitan Government of Nashville and Davidson County for $40,000.00. The resolution was approved by the Budget and Finance Committee.
A resolution supporting the Metropolitan Nashville Board of Public Education’s decision to oppose state legislation that would provide vouchers to pay for private school tuition. The resolution was approved by the Education Committee.
A resolution requesting the Tennessee State Board of Education to consider making written feedback a requirement for teacher evaluations. The resolution was approved by the Education 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, Baker, Langster, Weiner, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
- RESOLUTIONS -
A resolution adopting the Debt Management Policy for the Metropolitan Government of Nashville and Davidson County as promulgated by the Metropolitan Department of Finance. The resolution was approved by the Budget and Finance Committee. Mr. McGuire 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, Baker, Langster, Weiner, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
Without objection BL2011-40 was taken out of order.
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 third reading, 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, Baker, Langster, Weiner, Evans, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0); “Abstaining” Dominy (1).
The regular order of business was resumed was this time.
A resolution approving the issuance of taxable public improvement revenue bonds, series 2012, by the sports authority of The Metropolitan Government of Nashville and Davidson County, authorizing the metropolitan government’s execution and delivery of a supplemental trust indenture relating thereto; authorizing the pledge of certain of the metropolitan government's revenues as security for the bonds; and authorizing an official statement to be distributed in connection with the sale of the bonds. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. McGuire 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, Moore, Allen, Baker, Langster, Weiner, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (33); “Noes” Claiborne, Tenpenny, Dominy (3).
A resolution approving the issuance of taxable public facility revenue refunding bonds, series 2012, by the sports authority of The Metropolitan Government of Nashville and Davidson County, authorizing the metropolitan government’s execution and delivery of a supplemental trust indenture relating thereto; authorizing the pledge of certain of the metropolitan government's revenues as security for the bonds; and authorizing an official statement to be distributed in connection with the sale of the bonds. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees. Mr. McGuire 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, Baker, Langster, Weiner, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).
- BILLS ON INTRODUCTON AND FIRST READING -
An ordinance naming the General Sessions Court Judicial Library in honor of Judge Leon Ruben. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance naming the Madison Police Precinct in honor of Officer Paul Scurry. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to LifePoint Corporate Services General Partnership (a subsidiary of LifePoint Hospitals, Inc.) and its Project Developer. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance approving an affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, Division of Emergency Medical Services, and Bar Education, Inc. for students to receive clinical instruction and training. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
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 August 16, 2011. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee 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 a portion of Sixth Street to “Jones Pointe” (Proposal No. 2011M-003SR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Emergency Communications District Board, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of 12th Avenue South (Proposal No. 2011M-011AB-001).The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the abandonment of 102 feet of storm sewer and a 10 foot public utility and drainage easement on properties located at 620 and 624 Belle Park Circle on the north side of Forrest Park Drive in connection with Project 11-DL-45 (Proposal No. 2011M-018ES-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 abandoning approximately 530 feet of a 2 inch water main and easement on properties located at 2801 and 2815 Lebanon Pike at the southeast corner of Lebanon Pike and Donelson Pike (Proposal No. 2011M-017ES-001). The bill was approved by the Planning Commission. Mr. Stanley moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 11.12.070 of the Metropolitan Code to limit noise from establishments in the downtown area during hours when they are not open for business. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from MUL to SP zoning for a portion of properties located at 2300 and 2302 Riverside Drive, at the intersection of Riverside Drive and McGavock Pike (0.19 acres), to permit an animal boarding facility and all uses permitted in the MUL district, all of which is described herein (Proposal No. 2011SP-027-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from CS to MUL-A zoning for properties located at 5102, 5104, 5106 and 5108 Delaware Avenue, approximately 150 feet west of 51st Avenue North (0.69 acres), all of which is described herein (Proposal No. 2011Z-019PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from CS to OR20 zoning for properties located at 7201 Charlotte Pike and at Charlotte Pike (unnumbered), approximately 3,400 feet east of Old Hickory Boulevard (15.98 acres), all of which is described herein (Proposal No. 2011Z-021PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by amending the SP District (adopted with Council Bill BL2007-1357) for the previously approved Gaylord Specific Plan District (106.9 acres), and to add properties zoned R15 and CL, located at 2716, 2728 and 2730 Pennington Bend Road and at McGavock Pike (unnumbered) (22.24 acres) for a total of 129.14 acres within the SP district, all of which is described herein (Proposal No. 2007SP-014-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council with Mr. Todd abstaining.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from RS5 to ON zoning for a portion of property located at 3614 Baxter Avenue, approximately 390 feet north of Hart Lane (0.12 acres), all of which is described herein (Proposal No. 2011Z-023PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from CS to SP zoning for property located at 5909 Charlotte Pike, approximately 1,235 feet west of Oceola Avenue (0.75 acres), to permit auto repair, auto sales (used), and all uses permitted by the CS district, all of which is described herein (Proposal No. 2011SP-028-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from CL to SP zoning for property located at 5828 Nolensville Pike, approximately 1,400 feet south of Old Hickory Boulevard (1.08 acres), to permit an automatic car wash facility and all uses permitted in the CL District, all of which is described herein (Proposal No. 2011SP-012-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by amending the Davenport Downs SP District for properties located at 4334 Maxwell Road and Maxwell Road (unnumbered), approximately 430 feet east of Flagstone Drive (65.74 acres), to permit 207 single-family residential units where 318 residential units were previously approved, all of which is described herein (Proposal No. 2006SP-081-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from SP District to AR2a zoning for property located at Maxwell Road (unnumbered), approximately 1,575 feet east of Flagstone Drive (9.52 acres) and within the Floodplain Overlay District, all of which is described herein (Proposal No. 2006SP-081-002). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by amending a portion of the Seven Springs Planned Unit Development Overlay District for property located at 323 Seven Springs Way, opposite Cloverland Drive (3.71 acres), zoned OR40, to permit 144 multi-family units in a four-story building where 72 multi-family units were previously approved, all of which is described herein (Proposal No. 98P-007-002). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from CS to SP zoning for properties located at 6028 and 6030 Neighborly Avenue and at 317, 319 and 321 Balmy Avenue, at the northwest corner of Neighborly Avenue and Balmy Avenue (0.99 acres), to permit auto sales (used), auto repair and all uses permitted in the CS district, all of which is described herein (Proposal No. 2011SP-029-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from AR2a to CS zoning for property located at 5924 Mt View Road, approximately 600 feet north of Murfreesboro Pike (1.28 acres), all of which is described herein (Proposal No. 2011Z-022PR-001). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by making applicable the provisions of a preliminary approval for the Pro N Stall Commercial Planned Unit Development Overlay for property located at 5924 Mt View Road, approximately 600 feet north of Murfreesboro Pike (1.28 acres), zoned AR2a and proposed for CS, to permit the conversion of a single-family residence for building contractor supply and distributive business wholesale uses and in the future to replace the building with two new buildings for a total of 11,350 square feet to permit all uses of the CS district, all of which is described herein (Proposal No. 2011P-001-001). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by amending the Mansion at Fontanel SP District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres) and within the Floodplain Overlay District, to modify a condition of BL2009-561, all of which is described herein (Proposal No. 2009SP-022-004). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to modify Section 17.16.030.E (Adaptive Residential Development) (Proposal No. 2011Z-018TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
Without objection, the rules were suspended for consideration of one (1) late ordinance.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from CS to SP zoning for property located at 1809 Gallatin Pike, northeast of Myatt Drive (4.93 acres), to permit automobile sales (used), automobile service, automobile repair, car wash, and all uses permitted in the CS district, all of which is described herein (Proposal No. 2012SP-001-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
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 indefinite deferment. Mr. Stanley moved to defer the bill indefinitely, 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 indefinite deferment. Mr. Tygard moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 6.74 of the Metropolitan Code pertaining to the regulation and operation of motorized, non-taxi passenger vehicles for hire. The Budget and Finance, Convention, Tourism and Public Entertainment Facilities, Public Safety-Beer and Regulated Beverages and Transportation Committees recommended deferment. Ms. Blalock moved to defer the bill, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. 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 two agreements relating to the acquisition of property for use as a public park and open space (Proposal No. 2011M-021PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance, Traffic and Parking and Public Works Committees. 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 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, Public Works and Planning, Zoning and Historical Committees. Ms. Dowell 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 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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote:
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, 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 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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall (31); “Noes” Banks, Stanley, Evans, Holleman, Todd, Mitchell (6).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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. 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, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 suspend the rules to allow the bill to be amended and no objection was made. 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” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” Stanley, Duvall (2).
BILL NO. BL2011-40
Action previously taken.
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).
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. 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, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “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 indefinite deferment. Mr. Tygard moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.