Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, March 20, 2012


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 Anthony Davis.

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: Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (36); Absent: Barry, Maynard, Glover, Stites, Evans (5).

The Minutes of the regular meeting of March 6, 2012, were approved.

- ELECTIONS AND CONFIRMATIONS -

Emergency Communications District Board
Reappointment of Mr. James Buford Tune for a term expiring February 14, 2016. Mr. Tune will serve as School District 6 representative. 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.

Human Relations Commission
Appointment of Ms. Alistair Newbern for a term expiring April 18, 2013. Ms. Newbern will fill the unexpired term of Mr. Fred Gill. 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 and Housing Agency
Appointment of Ms. Miniimah Basheer for a term expiring July 1, 2012. Ms. Basheer will fill the unexpired term of Ms. Mary Southall. 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.

Plumbing Examiners & Appeals Board
Appointment of Ms. Leah Granderson for a term expiring March 10, 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.

Board of Zoning Appeals
Reappointment of Mr. David Taylor for a term expiring February 26, 2017. 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.

- RESOLUTIONS -

RESOLUTION NO. RS2012-176

A resolution approving Amendment Two to a grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Finance, to provide public assistance pursuant to Presidential Disaster Declaration number FEMA-1909-DR-TN to complete repairs and/or replacement to facilities damaged during April and May 2010. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-177

A resolution accepting a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County for the State Trial Courts’ residential drug court treatment program to enhance the transition process from residential treatment into society. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-178

A resolution accepting a grant from the Tennessee Bureau of Investigation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of the District Attorney General, for personnel to identify, review, and coordinate the prosecution of gang-involved crimes occurring within the community. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-179

A resolution approving an application for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant from the U.S. Department of Homeland Security 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.

RESOLUTION NO. RS2012-180

A resolution 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 Metropolitan Nashville Fire Department, to create a professional development program and acquire a driver simulator to train fire department personnel in the operation of large vehicles. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-181

A resolution to appropriate grant funds from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers’ Market, for marketing and promotion of the Farmers’ Market through printed advertisements, signage, and materials. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees.

RESOLUTION NO. RS2012-182

A resolution accepting an incentive 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 fund various programs and deliver services (LW09F114NCSWA11). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2012-183

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Meharry Medical College to provide funding for internship opportunities for Meharry School of Public Health students to work within the Family, Youth, and Infant Health Bureau. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-184

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide TENNderCare outreach services for enrolled children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-185

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 tobacco use prevention services to Davidson County residents. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-186

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the 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.

RESOLUTION NO. RS2012-187

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 enhance access to comprehensive high quality, community-based care for low income individuals and families with HIV disease. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-188

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 public health activities to enhance the health and well-being of women, infants, and families by improving community resources and planning public health services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-189

A resolution approving Amendment One to 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 Action Commission, for Low Income Home Energy Assistance Program (LIHEAP) services for eligible low income customers. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-190

A resolution approving Amendment One to a Community Services Block 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 Action Commission, to provide adult basic education to help achieve self-sufficiency. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-191

A resolution approving Amendment One to an ARRA Communities Putting Prevention to Work Grant agreement from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide a community wide initiative to reduce obesity. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-192

A resolution accepting a package of grants from the Friends of Warner Parks to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide staffing for the Warner Parks Center and Nature Center support, and the SWEAT Program for additional labor for summer maintenance. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-193

A resolution approving a grant and Amendment One to the grant from the Friends of Centennial Park and Parthenon to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to provide funding for one employee’s salary. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-194

A resolution accepting a grant from the Tennessee Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to increase the library staff’s knowledge and skills in assisting the public with electronic devices used to read E-books. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-195

A resolution approving cooperative Agreement No. 12ESTNGEML00020 with the United States Department of the Interior - United States Geological Survey for the continued operation and upgrades at new flood warning gauges on Mill Creek, Seven Mile Creek, West Fork Browns Creek, Richland Creek, Whites Creek, and Mansker Creek. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-196

A resolution accepting a grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County for the operation and maintenance of a household hazardous waste collection facility. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-197

A resolution authorizing Revolution Real Estate to construct, install and maintain an aerial encroachment at 119 3rd Avenue South (Proposal No. 2012M-003EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-198

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Andrea Mays against the Metropolitan Government of Nashville and Davidson County in the amount of $22,000.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-199

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections 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” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-118

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 a water and snow park to be located at the intersection of Briley Parkway and McGavock Pike. 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 with Councilman Todd abstaining.

BILL NO. BL2012-119

An ordinance authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions for certain real property as shown in Exhibit I to Exhibit A hereto, located on Tax Map 92-14 and spanning portions of parcels 77, 78 and 86 thereof, adjacent to 28th Avenue North (Proposal No. 2012M-004PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-120

An ordinance authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions for certain real property as shown on Exhibit B to Exhibit 1 hereto, located within the right of way of Korean Veterans Boulevard adjacent to Tax Map 09307004800 and between the Cumberland River and the CSX spur track (Proposal No. 2012M-005PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-121

An ordinance amending Chapter 6.74 of the Metropolitan Code to exclude passenger vehicles that solely provide transportation to and from a parking facility and the airport. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Safety-Beer and Regulated Beverages and Transportation and Aviation Committees by a voice vote of the Council.

BILL NO. BL2012-122

An ordinance amending Ordinance No. O95-1379, Second Substitute Ordinance BL2010-645 and Ordinance BL2011-865, and approving an additional extension of six months to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process. Mr. McGuire substitute ordinance and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2012-122

An ordinance amending Ordinance No. O95-1379, Second Substitute Ordinance BL2010-645 and Ordinance BL2011-865, and approving an additional extension of one year to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees by a voice vote of the Council.

BILL NO. BL2012-123

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. 1863 (Proposal No. 2010M-012AB-001). The bill was disapproved by the Planning Commission and approved by the 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.

BILL NO. BL2012-124

An ordinance approving the abandonment of four stormwater easements on properties located at 3711 and 3715 Crestview Drive and 1 University Park Drive (Proposal No. 2011M-021ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-125

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 MUL 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-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.

- BILLS ON SECOND READING -

BILL NO. BL2011-83

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 disapproved by the Budget and Finance Committee and approved by the Public Works Committee. Mr. Stanley moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-110

An ordinance amending Section 2.222.030 of the Metropolitan Code to permit the electronic filing of annual disclosure statements and benefits reporting statements. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Jernigan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-111

An ordinance amending Section 12.40.020 of the Metropolitan Code to enable the use of curb and street surface painting to designate areas where parking is prohibited or a parking time is imposed. The bill was approved by the Public Works and Traffic and Parking Committees. Ms. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-112

An ordinance authorizing the acquisition of two easements on properties located at 7218 and 7220 Nolensville Road for a sewer project (Proposal No. 2012M-002ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works, 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.

BILL NO. BL2012-114

An ordinance amending Chapter 7.20 of the Metropolitan Code to allow beer distributors to have two places of business within the area of the Metropolitan Government under certain circumstances. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-115

An ordinance amending Chapter 10.18 of the Metropolitan Code to prohibit smoking on hospital grounds and within the public right-of-way in the vicinity of hospital entrances. The bill was approved by the Health, Hospitals and Social Services Committee with and amendment. Ms. Allen offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Allen moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-116

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 HCA – Information Technology & Services, Inc. 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 with Mr. Holleman and Ms. Dowell abstaining.

- BILLS ON THIRD READING -

BILL NO. BL2011-71

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). Mr. Baker offered a substitute ordinance and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2011-71

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 MUL-A district, all of which is described herein (Proposal No. 2011SP-028-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

Without objection Bill Nos. BL2011-73 and BL2011-74 were considered together.

BILL NO. BL2011-73

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.

BILL NO. BL2011-74

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.

BILL NO. BL2012-88

An ordinance defining conditions for hardships for preservation permits reviewed by the Metropolitan Government’s Historic Zoning Commission (Proposal No. 2012Z-002TX-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” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-92

An ordinance amending Chapter 17.40 of the Metropolitan Code relative to the period of inactivity for nonconforming uses and for nonconforming structures damaged by a disaster, all of which is more particularly described herein (Proposal No. 2012Z-001TX-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Dominy moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-93

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. The bill was approved by the Budget and Finance Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-94

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, Public Works and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-95

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, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Dowell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-96

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 and Planning, Zoning and Historical Committee. Mr. Pridemore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

Without objection Bill Nos. BL2012-97 and BL2012-98 were considered together.

BILL NO. BL2012-97

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 and Planning, Zoning and Historical Committee.

BILL NO. BL2012-98

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 and the Planning, Zoning and Historical Committee. 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 bills on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-99

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; the Planning, Zoning and Historical Committee recommended indefinite deferment. Ms. Moore moved to defer the bill indefinitely, the bill being requested by Tony and Maryan Sarmadi, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2012-100 and BL2012-101 were considered together.

BILL NO. BL2012-100

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 and Planning, Zoning and Historical Committee.

BILL NO. BL2012-101

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 and Planning, Zoning and Historical Committee Mr. Stanley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-102

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 with conditions and the Planning, Zoning and Historical Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote:“Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-103

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; the Planning, Zoning and Historical Committee recommended indefinite deferment. Mr. Dominy moved to defer the bill indefinitely, the bill being requested by Clemmons and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-105

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 and Planning, Zoning and Historical Committee. Mr. Stanley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2012-106

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). The bill was approved by the Planning Commission with conditions; the Planning, Zoning and Historical Committee recommended deferment. Mr. Dominy moved to defer the bill, the bill being requested by Anderson, Delk, Epps and Associates, which motion was seconded and adopted by a voice vote of the Council.

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. 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” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2012-200

A resolution requesting the Civil Service Commission to include an equal opportunity interviewing policy as part of the Civil Service Rules. The resolution was approved by the Personnel-Public Information-Human Resources-Housing- Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

Without objection, the rules were suspended for consideration of one (1) late resolution.

RESOLUTION NO. RS2012-201

A resolution opposing all state legislation that would remove or inhibit local government powers of self-governance. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Davis moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.