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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.
Pursuant to Rule 2 of the Council Rules of Procedure Mr. Claiborne, as Chair of the Planning, Zoning & Historical Committee, called the meeting to order for the purpose of selecting a Member of Council to serve as the presiding officer for tonight’s meeting in the absence of the Vice Mayor Neighbors and President Pro Tem Gilmore. Mr. Claiborne called for nominations. Ms. Barry nominated Councilman Steine, Chair of the Rules, Confirmations & Public Elections Committee, to serve as the presiding officer for tonight’s meeting, which motion was seconded. There being no further nominations, Ms. Barry moved that Councilman Steine be elected by acclamation to serve as presiding officer, which motion was seconded and adopted by a voice vote of the Council.
The invocation was offered by Reverend Kristin Clark-Banks.
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 and Mitchell (39); Absent: Gilmore, Neighbors (2).
The Minutes of the regular meeting of January 17, 2012, were approved.
- PROPOSED RULES AMENDMENT -
The Rules-Confirmations-Public Elections Committee recommended approval of the following proposed amendment to the Rules of Procedure of the Metropolitan Council.
The 2011-2015 Rules of Procedure of the Council be amended by deleting the provisions of said rule and substituting with the following new provisions:
12. Zoning public hearings
From and after the first meeting in June 2012, public hearings on zoning bills shall be held on the first meeting of each month. Prior to the first meeting in June 2012, public hearings on zoning bills shall be held the first meeting of each odd month. The Clerk shall exclude ordinances on public hearing from any other Council meeting, except when required by law to be earlier held. This rule shall not preclude any other matters from being considered on the first meeting of each month other than honorary resolutions as provided in Rule 25.
Mr. Holleman moved to adopt the amendment, which motion was seconded and adopted by the following vote:“Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, 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 (37); “Noes” (0).
- ELECTIONS AND CONFIRMATIONS -
Arts Commission
Reappointment of Ms. Meg MacFadyen for a term expiring January 1, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Santi Tefel for a term expiring January 1, 2014. Mr. Tetel will fill the unexpired term of Mr. Jeff Carr. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Metropolitan Development and Housing Agency
Appointment of Ms. Anna Page for a term expiring November 5, 2014. Ms. Page will fill the unexpired term of Mr. Arnette Bodenhamer. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Electrical Examiners and Appeals Board
Reappointment of Mr. James Shaw for a term expiring February 2 1, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Tourism and Convention Commission
Appointment of Mr. Fletcher Foster for a term expiring June 30, 2012. Mr. Foster will fill the unexpired term of Mr. David Glasgow. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Work Release Board
Reappointment of Mr. Don Purdy for a term expiring January 1, 2014. At the request of the nominee, the confirmation was deferred to February 21, 2012.
Reappointment of Ms. Dorcas Sheffield for a term expiring January 1, 2014. At the request of the nominee, the confirmation was deferred indefinitely.
Mr. Harmon moved that all regular meetings of the Council from and after the first meeting in June 2012 be held on the first and third Tuesday of each month at 6:30 p.m. which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution approving the appropriation of $300,000 of income in the Capitol Mall Urban Development Action Grant (UDAG) to the Metropolitan Development and Housing Agency for the development of the Nashville Entrepreneur Center. The resolution was approved by the Budget and Finance and Federal Grants Review Committees.
A resolution approving the appropriation of $300,000 of income in the Capitol Mall Urban Development Action Grant (UDAG) to the Metropolitan Development and Housing Agency for the expansion of the Nashville office of ServiceSource. The resolution was approved by the Budget and Finance and Federal Grants Review Committees.
A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (a part of Map 164- Parcel 262.00) for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2011M-017PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees.
A resolution approving an Amendment to an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the Convention Center Authority of the Metropolitan Government for administrative, financial, operational, and management services to clarify the provision of insurance benefits for qualifying employees of the Convention Center Authority. The resolution was approved by the Budget and Finance, Convention, Tourism and Public Entertainment Facilities and Personnel-Public Information-Human Resources-Housing Committees.
A resolution approving Amendment Two to a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to reduce recidivism rates among felony offenders with mental health and substance abuse disorders. The resolution was approved by the Budget and Finance Committee.
A resolution approving a sub-grant interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the acting by and through the Office of Emergency Management, and the Wilson County Sheriff’s Department for participation in the Fiscal Year 2010 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. 2010-PU-T0-K054). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving a sub-grant interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the acting by and through the Office of Emergency Management, and the City of Hendersonville for participation in the Fiscal Year 2010 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. 2010 –PU-T0-K054). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an application and accepting a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to enhance the Nashville Port-Wide Area and maritime infrastructure to prevent, protect, respond to and recover from threats or acts of terrorism. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving a grant from The Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in collaboration with the Metropolitan Animal Control Center, to build animal shelters. 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 Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide HIV/AIDS prevention, surveillance and sexually transmitted disease program services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving Amendment Five 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 a trading partner agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Amerigroup Tennessee, Inc. for electronic data exchange of certain claims and billing information. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving a FastTrack Infrastructure Development Program grant contract from the State of Tennessee, Department of Economic and Community Development, to the Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution approving an agreement between the Metropolitan Government of Nashville and Davidson County and the Nashville Entrepreneur Center regarding implementation and funding of a FastTrack Infrastructure Development Program grant. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution approving an application for a Big Band Dances Grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks and Recreation Department. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.
A resolution approving an application for the Kirkpatrick Park Summer Enrichment Program Grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to offer children in the neighborhood enrichment activities during the summer. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.
A resolution approving an application for the Swim Youth Enrichment Program Grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to provide vital swim lessons and water safety training for children living in neighborhoods around community pools. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Hardrock Directional Drilling. 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 Beverly Batey against The Metropolitan Government of Nashville and Davidson County for $6,000.00. The resolution was approved by the Budget and Finance Committee.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Queneshia Johnson against the Metropolitan Government of Nashville and Davidson County in the amount of $10,000.00, and that said amount be paid out of the Self-Insured Liability Fund. 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 and property damage claims of Sandra and Donald Murphree against the Metropolitan Government of Nashville and Davidson County in the amount of $45,000.00. 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 Aileen Rose against The Metropolitan Government of Nashville and Davidson County for $10,000.00. The resolution was approved by the Budget and Finance Committee.
A resolution requesting the Metropolitan Development and Housing Agency to create a redevelopment plan for the Cowan Street area. The resolution was approved by the Federal Grants Review Committee.
Having been unanimously approved by all of the appropriate Committees, Mr. Harmon moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, 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 (38); “Noes” (0).
- RESOLUTIONS -
Without objection, the rules were suspended for consideration of one (1) late resolution.
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 Tennessee State University to provide access to WIC waiting rooms and invite WIC parents to participate in the Children Eating Well (CHEW) Survey. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, 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 (38); “Noes” (0).
- BILLS ON INTRODUCTON AND FIRST READING -
An ordinance amending Ordinance No. BL2011-950 to define the owner of the Project related to the negotiation and acceptance of payments in lieu of ad valorem taxes with respect to Standard Candy Company. 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 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. 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 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 Mt. View Parkway to Crossings Boulevard (Proposal No. 2012M-002SR-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, Public Works, Traffic and Parking and Planning, Zoning and Historical 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 the OR20 to MUL district for property located at 105 Duling Avenue, approximately 195 feet east of Gallatin Pike (0.19 acres), all of which is described herein (Proposal No. 2011Z-025PR-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 cancelling the Red Kap Industries Industrial Planned Unit Development Overlay District located at 554 Hickory Hills Boulevard, approximately 1,000 feet north of Old Hickory Boulevard, zoned OR20 and proposed for SP (25.0 acres), all of which is described herein (Proposal No. 96-81P-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 changing from OR20 to SP zoning for property located at 554 Hickory Hills Boulevard, approximately 1,000 feet north of Old Hickory Boulevard (25.0 acres), to permit a building expansion to a maximum of 295,000 total square feet to an existing building permitting distributive business, warehouse and light manufacturing uses, all of which is described herein (Proposal No. 2012SP-003-001). 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 SP District (adopted with Council Bill BL2006-1229) for the previously approved H & M Motors Specific Plan District located at 1525 4th Avenue South, at the northwest corner of 4th Avenue South and Mallory Street (0.44 acres), to permit Auto Sales New, Auto Sales Used, Auto Service and all uses permitted by MUL-A zoning and to remove the condition required by BL2006-1229 for a sidewalk along Mallory Street, all of which is described herein (Proposal No. 2006SP-105-002). 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 changing from the AR2a district to RS10 district for a portion of property located at 1176 Stones River Road, north of Stone Hall Boulevard (4.9 acres), all of which is described herein (Proposal No. 2012Z-003PR-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 a portion of the Ravenwood Residential Planned Unit Development Overlay District located on the north side of Stones River Road northwest of Lebanon Pike zoned RM6 and RS10 by adding approximately 4.9 acres zoned AR2a and proposed for RS10 and by changing the layout of a portion of the overlay to permit a total of 337 residential units within the entire overlay, all of which is described herein (Proposal No. 2005P-030-003). 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 SP zoning for property located at 2712 Clarksville Pike, approximately 250 feet east of Ed Temple Boulevard (0.37 acres), to permit vehicular rental/leasing and all other uses permitted by the CS District, all of which is described herein (Proposal No. 2011SP-025-001). 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 RM6 to SP zoning for property located at Franklin Limestone Road (unnumbered), approximately 1,725 feet east of Antioch Pike (40.18 acres), and within the Floodplain Overlay District, to an asphalt plant and associated uses including temporary mineral extraction allowing blasting and crushing of stone for sale/transfer from the site during site preparation for asphalt plant, all of which is described herein (Proposal No. 2012SP-002-001). 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 the R6 to CS district for properties located at 200, 202, 204 and 206 Oceola Avenue, at the northeast corner of Oceola Avenue and Burgess Avenue (0.91 acres), all of which is described herein (Proposal No. 2012Z-004PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Neighborhood Landmark Overlay District for property located at 209 Danyacrest Drive, at the northeast corner of Danyacrest Drive and Jenry Drive (2.78 acres), zoned RS15, all of which is described herein (Proposal No. 2011NL-002-001). 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 R10 to SP zoning for property located at 2158 Una Antioch Pike, approximately 1,915 feet south of Murfreesboro Pike (8.9 acres) and within the Floodplain Overlay District, to permit an assisted living and/or nursing facility, all of which is described herein (Proposal No. 2011SP-024-001). 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 amending Chapter 17.40 of the Metropolitan Code to require replacement panels in multi-tenant signs to be consistent with the other signage on the property, all of which is more particularly described herein (Proposal No. 2012Z-004TX-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 two (2) late ordinances.
BILL NO. BL2012-108
An ordinance naming the General Sessions Courtroom 1A located in the Justice A.A. Birch Building 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 amending Chapter 17.40 of the Metropolitan Code to add requirements in the conversion of nonconforming static billboards to tri-face billboards, all of which is more particularly described herein (Proposal No. 2012Z-006TX-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.
Ms. Johnson requested a suspension of the rules to call up Bill No. BL2011-30 and no objection was made.
An ordinance amending Chapter 17.40 of the Metropolitan Code to prohibit the conversion of nonconforming static billboards to tri-face billboards, all of which is more particularly described herein (Proposal No. 2011Z-016TX-001). Ms. Johnson moved to moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance naming the General Sessions Court Judicial Library in honor of Judge Leon Ruben. The Rules-Confirmations-Public Elections Committee recommended withdrawal. Mr. Tygard moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 15.52 of the Metropolitan Code pertaining to the extension of water mains to properties served by wells. The bill was approved by the Public Works Committee; the Budget and Finance Committee approved the bill and re-referred the bill to the Budget and Finance Committee. Mr. Stanley moved to defer the bill to the second meeting in March, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 2.04.030 of the Metropolitan Code to require fiscal impact statements to be prepared for pending legislation. The bill was approved by the Budget and Finance Committee. Ms. Weiner 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. BL2011-73 and BL2011-74 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 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; the Planning, Zoning and Historical Committee approved the bill with an amendment.
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; the Planning, Zoning and Historical Committee approved the bill with an amendment.
Mr. Duvall moved to defer the bills, the bills being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by 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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Banks offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Banks moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, 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 (38); “Noes” (0).
An ordinance adding a new Chapter 10.90 to the Metropolitan Code of Laws to authorize the acceptance of incomplete infrastructure for public completion and maintenance under limited circumstances in the interest of public health and safety. The bill was approved by the Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, 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 (38); “Noes” (0).
An ordinance authorizing the acquisition of certain right of way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2011-M-4, sidewalk improvements on Harding Place from Nolensville Pike to I-24 (Proposal No. 2012M-002PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Harmon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, 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 (38); “Noes” (0).
An ordinance authorizing the acquisition of certain right of way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2010-B-002, bridge replacement on Orlando Avenue (Proposal No. 2010M-027ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, 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 (38); “Noes” (0).
An ordinance abandoning 450 feet of an 8 inch sanitary sewer line and public utility easements retained by Ordinance No. O65-483 and Ordinance No. O79-1477 and to accept the relocation of 234 feet of an 8 inch DIP sewer main and a manhole located at 28th Avenue North (unnumbered) (Proposal No. 2011M-015ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Weiner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, 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 (38); “Noes” (0).
A ordinance authorizing Trevecca Nazarene University to install, construct and maintain an underground encroachment between 93 and 86 Nance Lane (Proposal No. 2012M-001EN-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 third reading, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, 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 (38); “Noes” (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 1806 (Proposal No. 2012M-001AB-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. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, 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 (38); “Noes” (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Fransworth Drive right-of-way (Proposal No. 2011M-012AB-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. Evans moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, 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 (38); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution calling for the resignation of Davidson County Clerk John Arriola. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Duvall moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution expressing support for state legislation that would expand the prohibition on the manufacture, sale, delivery, and possession of synthetic drugs beyond those made with the specific ingredients listed in the current statutes. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Tygard moved to suspend the rules to allow the resolution to be heard and no objection was made. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, 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 (38); “Noes” (0).
A resolution requesting the Metropolitan Board of Public Education to comply with its Labor Negotiations Policy. The resolution was approved by the Education Committee. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Jernigan, Stanley, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, (29); “Noes” Glover, Stites, Claiborne, Tenpenny, Todd (5); “Abstaining” Tygard, Dominy (2).
Upon motion duly seconded, the meeting was adjourned.