Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, April 3, 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 Pastor Maury Davis of Cornerstone Church.

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

The roll was called and the following members were present during the progress of the meeting: Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell and Neighbors (38); Absent: Stanley, Weiner, Todd (3).

The Minutes of the regular meeting of March 20, 2012, were approved.

- ELECTIONS AND CONFIRMATIONS -

Beer Permit Board
Appointment of Mr. Brock Parks for a term expiring October 31, 2015. Mr. Parks will fill the unexpired term of Mr. Brad Northcut. 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.

CATV Special Committee
Reappointment of Ms. Kristal Hall Boone for a term expiring March 1, 2015. At the request of the nominee, the confirmation was deferred to April 17, 2012.

Reappointment of Mr. Jad Duncan for a term expiring March 1, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Richard McKinney for a term expiring March 1, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Jackie Shrago for a term expiring March 1, 2015. At the request of the nominee, the confirmation was deferred to May 1, 2012.

Reappointment of Mr. Robert Tuke for a term expiring March 1, 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.

Board of Equalization
Reappointment of Ms. Jean Harrison for a term expiring April 1, 2014. At the request of the nominee, the confirmation was deferred to April 17, 2012.

Reappointment of Mr. Marshall Karr for a term expiring April 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.

Reappointment of Mr. Melvin Lowe for a term expiring April 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.

Reappointment of Mr. Trasbin Stoner II for a term expiring April 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.

Fire and Building Code Appeals Board
Appointment of Mr. Rodney Wilson for a term expiring March 1, 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.

Vegetation Control Board
Reappointment of Mr. Dwight Beard for a term expiring March 1, 2016. At the request of the administration, the confirmation was withdrawn.

Reappointment of Mr. Roy Black a term expiring March 1, 2016. At the request of the administration, the confirmation was withdrawn.

- PUBLIC HEARING -

RESOLUTION NO. RS2012-202

A resolution exempting Southern Belles located at 5385 Mt. View Road from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. Ms. Dowell requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution and no one came forward to be heard. The President declared the public hearing closed. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Dowell moved to suspend the rules to override the committee recommendation, which motion was seconded and adopted without objection. Ms. Dowell 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, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (37); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2012-203

A resolution appropriating the amount of $13,477,800.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance; Codes, Fair and Farmers Market; Convention, Tourism and Public Entertainment Facilities; Health, Hospitals and Social Services; Parks, Library and Recreation; Personnel-Public Information-Human Resources-Housing; Public Safety-Beer and Regulated Beverages; Public Works; Rules-Confirmations-Public Elections and Planning, Zoning and Historical 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, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (37); “Noes” (0).

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-204

A resolution approving amendment one to a grant agreement from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to perform Section 106 environmental review necessary for development proposals using federal funds to determine potential adverse effects to historic properties. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-205

A resolution approving Amendment One to 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, for the Healthy Start Initiative - Eliminating Racial/Ethnic Disparities to provide a variety of services for pregnant and parenting women. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-206

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County and authorizing the acquisition and removal of 25 houses located in various floodway and floodplain areas in Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-207

A resolution classifying public roads in Davidson County, Tennessee. The resolution was approved by the Public Works Committee.

RESOLUTION NO. RS2012-208

A resolution authorizing Sandwich Stackers, LLC, to install, construct and maintain an aerial encroachment at 216 4th Avenue North for Which Wich (Proposal No. 2012M-004EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-209

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” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-126

An ordinance adopting a Vehicle Impoundment Policy for the Metropolitan Government. Mr. Tenpenny moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-127

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to creation, organization, and voting regulations of The Metropolitan Stormwater Management Committee. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2012-128

An ordinance naming the Metropolitan Police Gun Range in honor of Major Tom Dozier. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages and Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2012-129

An ordinance approving the attached License Agreement between The Metropolitan Government of Nashville and Davidson County and Electric Transportation Engineering Corporation d/b/a Ecotality North America, as modified by the likewise attached Addendum and Amendments thereto, and authorizing the execution of all (Proposal No. 2012M-007PR-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. BL2012-130

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 January 17, 2012. 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.

BILL NO. BL2012-131

An ordinance authorizing the Director of Public Property to accept and record an easement for a school bus ramp/turnaround off Riley Adcock Road (Proposal No. 2012M-006ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-132

An ordinance to abandon all easement rights that were retained by Council Ordinance BL81-519 within the former right-of-way of Alley No. 1218 on property located at 4502 Indiana Avenue (Proposal No. 2012M-005ES-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. BL2012-133

An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County, acting by and through Metropolitan Social Services (MSS), and The Key Alliance (TKA) for the provision of financial, in-kind, and volunteer support for the Metropolitan Homelessness Commission (MHC). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.

BILL NO. BL2012-134

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 the Belmont-Hillsboro Neighborhood Conservation Overlay District to properties and right-of-way located along Cedar Lane, Gale Lane and Linden Avenue (33.95 acres), zoned R8, RM20 and CS and partially requested for RS7.5, all of which is described herein (Proposal No. 2012NHC-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.

BILL NO. BL2012-135

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by cancelling a portion of the Magnolia Station Residential Planned Unit Development District Overlay on property located at Tinnin Road (unnumbered) and by amending a portion of the PUD located at 1900 Tinnin Road, approximately 750 feet north of Springfield Highway (6.26 acres), to remove 1.42 acres of open space from the PUD (parcel 221) and to delete six dwelling units and convert that portion of the PUD to open space, zoned RM4 and with a portion proposed for R40 zoning, all of which is described herein (Proposal No. 2002P-002-001). The bill was approved by the Planning Commission with conditions. 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. Garrett abstaining.

BILL NO. BL2012-136

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 RM4 to R40 district for property located at Tinnin Road (unnumbered), approximately 750 feet north of Springfield Highway (1.42 acres), all of which is described herein (Proposal No. 2012Z-008PR-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. Garrett abstaining.

BILL NO. BL2012-137

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 an SP district to permit residential and warehouse uses to an SP district to permit retail uses for properties located at 541 and 551 Stewarts Ferry Pike, approximately 1,130 feet west of Lauer Drive (4.57 acres), and within the Floodplain Overlay District, all of which is described herein (Proposal No. 2012SP-007-001). The bill was approved by the Planning Commission with conditions. 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.

BILL NO. BL2012-138

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 R8 and RM20 to RS7.5 district for various properties along Cedar Lane (17.36 acres) between I-440 and Hawthorne Place, all of which is described herein (Proposal No. 2012Z-009PR-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.

BILL NO. BL2012-139

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 district for property located at Gallatin Pike (unnumbered), approximately 1,590 feet north of Walton Lane (0.91 acres), to permit automobile sales (used), auto repair and all other uses permitted by the CS District, all of which is described herein (Proposal No. 2012SP-004-001). The bill was approved by the Planning Commission with conditions. 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.

BILL NO. BL2012-140

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 RM9 to MUL zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), all of which is described herein (Proposal No. 2012Z-011PR-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.

BILL NO. BL2012-141

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 R6 to RM20-A district for properties located at 1628 and 1630 6th Avenue North, at the southeast corner of 6th Avenue North and Garfield Street (0.27 acres), all of which is described herein (Proposal No. 2012Z-005PR-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.

BILL NO. BL2012-142

An ordinance to amend Sections 17.37 (Downtown Code) of the Metropolitan Zoning Code by revising the Signage Compliance deadline (Proposal No. 2011Z-002TX-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.
Without objection, the rules were suspended for consideration of one (1) late ordinance.

BILL NO. BL2012-143

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 OL 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.

Mr. Baker requested a suspension of the rules to call up Bill No. BL2012-125 and no objection was made.

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). Mr. Baker moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND 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. The bill was approved by the Budget and Finance Committee with an amendment. Mr. Claiborne offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Claiborne 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. BL2012-119

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). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Public Works, and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted 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). Mr. Claiborne 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. BL2012-120

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 09307005400 and between the Cumberland River and the CSX spur track (Proposal No. 2012M-005PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees.

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. Ms. Johnson moved to defer the bill indefinitely, 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. 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.

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; the bill was approved by the Traffic and Parking Commission, Public Works, Traffic and Parking Committee and Planning, Zoning and Historical Committee. Mr. Tenpenny moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Bedne abstaining.

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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. McGuire 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 -

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. Mr. Duvall offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Duvall moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (32); “Noes” Barry (1); “Abstaining” Claiborne (1).

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.. Mr. Duvall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, 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 and the Planning, Zoning and Historical Committee. Mr. Dominy offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dominy moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (36); “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. BL2012-110

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (36); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (36); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (36); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (36); “Noes” (0).

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. Ms. Allen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following roll call vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Allen, Gilmore, Baker, Evans, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Mitchell (29); “Noes” Stites, Tenpenny, Duvall (3); “Abstaining” Holleman, Dowell (2).

Upon motion duly seconded, the meeting was adjourned.