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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Reverend Jay Voorhees of Old Hickory United Methodist Church.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (41); Absent: (0).
The Minutes of the regular meeting of May 1, 2012, were approved.
- MAYOR’S MESSAGE -
May 14, 2012
Vice Mayor Diane Neighbors
Members of the Metropolitan Council
Metro Courthouse, Suite 204
Nashville, TN 37201
Dear Vice Mayor and Members of the Metropolitan Council:
Pursuant to recently adopted regulations of the Tennessee Comptroller’s Office, when the Metropolitan Government undertakes a draw on its commercial paper program, the attached report must be submitted to the Metropolitan Council and presented at a meeting of that body before filed with the Comptroller.
As you can see from the attached, on April 12, we issued $50 million under the commercial paper program which serves as the City’s interim financing mechanism until permanent financing in the form of General Obligation Bonds are issued. Please find attached a link to the offering memorandum and the City’s Investor Relations link for additional information: http://nashville.gov/finance/investor-relations/docs/2007-Commercial-Paper-Offering-Memorandum.pdf or the investor relations page at http://nashville.gov/finance/investor-relations/investor_relations.asp.
Sincerely,
/s/Karl F. Dean
Mayor
- ELECTIONS AND CONFIRMATIONS -
Board of Equalization
Reappointment of Ms. Connie Hardin for a term expiring April 1, 2014. 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.
Planning Commission
Reappointment of Mr. G. Derrick Dalton a term expiring March 31, 2016. 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.
Transit Authority
Reappointment of Ms. Gail Carr-Williams for a term expiring May 1, 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.
Transportation Licensing Commission
Appointment of Ms. Rhonda Marko for a term expiring October 10, 2012. 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. Brian Winfrey for a term expiring April 30, 2014. At the request of the nominee, the confirmation was deferred.
- PUBLIC HEARING -
A resolution exempting US Border Cantina located at 7105 Hwy 70 South from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. Mr. Todd 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 resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Todd moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
- RESOLUTIONS -
A resolution approving a contract for the continued employment of Donald W. Jones as part-time Special Counsel for the Metropolitan County Council. The resolution was approved by the Executive Committee. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution appropriating to certain accounts for the benefit of the Codes Administration, Department of Public Health, District Attorney, Farmers’ Market, General Services, and Administrative (Injured on Duty), Three Million, Five Hundred Thirty-Seven Thousand, Six Hundred Dollars ($3,537,600) from undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. The resolution was approved by the Budget and Finance Committee. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution providing additional compensation for the Davidson County Criminal Court Clerk in an amount equal to ten percent (10%) of his base compensation pursuant to T.C.A. § 8-24-102(j)(2). The Budget and Finance Committee recommend deferment. Mr. McGuire moved to defer the resolution to track with the Budget, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution approving the Third Amended Final Agreement with the United States Department of Justice. The resolution was approved by the Budget and Finance Committee.
A resolution approving an intergovernmental agreement between The City of Oak Hill and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan General Sessions Court and Metropolitan Nashville Police Department, permitting the enforcement of The City of Oak Hill’s ordinances as contemplated by Tennessee Code Annotated § 12-9-104 (A)(1). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, and the City of Cookeville, Tennessee, acting by and through the Cookeville Police Department, for the distribution of state grant funds to assist with investigations of internet crimes against children. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, and the Tennessee Association of Chiefs of Police, for the distribution of state grant funds to assist with investigations of internet crimes against children. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the Tennessee Bureau of Investigation, for the distribution of state grant funds to assist with investigations of internet crimes against children. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an application for the Governor’s Highway Safety Alcohol Saturation Grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, to reduce traffic fatalities by enhancing DUI enforcement on weekends and some major holidays. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an application for the Edward Byrne Memorial Justice Assistance Grant (JAG) from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for equipment and supplies for direct support for basic police, in-service, or specialized training. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an application for a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to pay a portion of the salary for a crisis counselor in the Victim Intervention Program. 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 bioterrorism emergency preparedness services to the citizens of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide care coordination services for the Children’s Special Services Program including pediatric and developmental assessment, audiology, and speech/language pathology services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to support delivery of public health services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide food safety services to Davidson County residents and to conduct surveys as required. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving Amendment One to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, to provide funding for the administrative costs of programs and services to assist dislocated workers, adults, and youth facing barriers to employment. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.
A resolution approving Amendment One to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to provide funds for the Incumbent Worker Training Program to eligible companies in Local Workforce Investment Area Nine. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.
A resolution approving Amendment One to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare adults for re-entry into the labor force.
The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.
A resolution approving Amendment Two to a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.
A resolution approving an amendment to an agreement between the United States Department of the Army, Corps of Engineers, and The Metropolitan Government of Nashville and Davidson County for Phase 2 and 2A of the Flood Preparedness Study in Davidson County, Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into Utility Relocation Contract No. 7878 with the State of Tennessee, Department of Transportation, Project No. 19010-2162-44, to construct PIN Number 102488.06, I-65 Trinity Lane to Dickerson Road in Nashville. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution approving the annual nonrefundable excess garbage and rubbish fee set by the Metropolitan Department of Public Works. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution accepting certain incomplete infrastructure and property interests located in Edison Park Subdivision, Subdivision 2006S-171G-13, pursuant to Chapter 10.90 of the Metropolitan Code of Laws for completion and maintenance in the interest of public health and safety. The resolution was approved by the Budget and Finance, Public Works, and Planning, Zoning and Historical Committees.
A resolution to establish a new application fee for certain Planned Unit Development applications (Proposal No.2012OT-002-001). The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees.
A resolution authorizing Nashville Trail, Inc. and Boots & More, Inc. to install, construct and maintain an aerial encroachment at 410 Broadway for Big Time Boots (Proposal No. 2012M-007EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.
A resolution authorizing H&L Food Concepts LLC, d/b/a The Pita Pit, to construct, install and maintain an aerial encroachment at 121 Second Avenue North (Proposal No. 2012M-009EN-001). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees.
A resolution authorizing J. Daron Clark, DMD, PC, d/b/a Downtown Dental Services, to construct, install and maintain an aerial encroachment at 101 Union Street (Proposal No. 2012M-005EN-001). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Margarete Keeling and Lakesha Watson against the Metropolitan Government of Nashville and Davidson County in the amount of $25,500.00, 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 proclaiming May as Military Appreciation Month in Nashville and the Nation. 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, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
- BILLS ON INTRODUCTON AND FIRST READING -
A bill to be entitled: The Budget Ordinance of the Metropolitan Government of Nashville and Davidson County, Tennessee for Nashville and Davidson County, Tennessee for Fiscal Year 2012-2013. Mr. McGuire moved to pass the bill on first reading and refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by the following roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Bedne, Dowell, Todd (30); “Noes” Tenpenny, Potts, Duvall (3); “Abstaining” Jernigan, Dominy, Johnson, Mitchell (4).
An ordinance establishing the tax levy in the general services district for the fiscal year 2012-2013, and declaring the amount required for the annual operating budget of the urban services district, pursuant to section 6.07 of the Metropolitan Charter. Mr. McGuire moved to pass the bill on first reading and refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by the following roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Bedne, Dowell, Todd (30); “Noes” Tenpenny, Potts, Duvall, Mitchell (4); “Abstaining” Jernigan, Dominy, Johnson (3).
An ordinance designating the Department of Finance as the tax collection official for the collection of certain taxes and fees including tourist accommodation taxes, alcohol privilege taxes, wholesale beer and liquor taxes, and franchise fees for the Metropolitan Government and amending the Metropolitan Code accordingly. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Convention, Tourism and Public Entertainment Facilities and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2012-2013. 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 amending Chapters 17.04, 17.08, and 17.16 of the Metropolitan Code pertaining to the storage of boats, all of which is more particularly described herein (Proposal No. 2012Z-009TX-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.
An ordinance adopting the Capital Improvements Budget and Program 2012-2013 through 2017-2018 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2012-2013. 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 Committee by a voice vote of the Council.
An ordinance amending Section 5.16.060 of the Metropolitan Code to levy an additional One Dollar ($1.00) litigation tax on all cases in the general sessions and juvenile courts to fund centers that handle victim-offender mediation and other community mediation matters, and to provide that all funds collected be deposited into the Metropolitan general fund and be administered by the Finance Department. 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.
- BILLS ON SECOND READING -
An ordinance to abandon easement rights that were retained by Council Ordinance BL92-290 within the former right-of-way of 45th Avenue North on properties located at 4414 and 4502 Illinois Avenue (Proposal No. 2012M-004ES-001).
The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a lease agreement between the Metropolitan Government of Nashville and Davidson County acting by and through the Davidson County Sheriff’s Office and G4S YOUTH SERVICES, LLC, for space in the building formerly known as the DCSO Re-Entry Center located at 5131 Harding Place (Proposal No. 2012M-008PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees approved the bill with an amendment. Mr. McGuire offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. McGuire moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County and the Nashville Downtown Partnership concerning operation of certain parking facilities. The bill was approved by the Budget and Finance and Traffic and Parking Committees. Mr. McGuire moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to cooperate with Wilson Bank and Trust to provide a public sewer extension in Davidson County for the Grove at Cane Ridge Subdivision, Project No. 05-SL-61. The Budget and Finance and Public Works Committees. Mr. McGuire moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon approximately 250 feet of a 6 inch water main and to accept 28 feet of an 8 inch DIP water main easement and one public fire hydrant located at 2014 Bernard Circle (Proposal No. 2012M-009ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon 166 linear feet of a 40 foot wide public utility and drainage easement on properties located at 311 Demonbreun Street, 210 4th Avenue South, 0 4th Avenue South and 0 Almond Street within the Rutledge Hill Redevelopment District (Proposal No. 2012M-007ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2012-150
An ordinance to abandon 142 feet of an easement retained by Metropolitan Council Ordinance BL93-739 within the former right-of-way of Cross Hill Road at 124 A and 128 Alton Road (Proposal No. 2012M-008ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Todd 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 -
SUBSTITUTE BILL NO. BL2012-107
An Ordinance amending Chapter 17.40 of the Metropolitan Code to require replacement sign panels in multi-tenant developments to be consistent with the other signage on the property, all of which is more particularly described herein (Proposal No. 2012Z-004TX-001). The bill is referred to the Planning Commission; the Planning, Zoning and Historical Committee recommended the bill be deferred to the second meeting in June. Ms. Johnson moved to defer the bill to the second meeting in June, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to modify Section 17.08.030.D (District Land use Table) to permit “Microbrewery” in the IWD zoning district (Proposal No. 2012Z-003TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to creation, organization, and voting regulations of The Metropolitan Stormwater Management Committee. The bill was approved by the Public Works Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
An ordinance naming the Metropolitan Police Gun Range in honor of Major Tom Dozier. The bill was approved by the Public Safety-Beer and Regulated Beverages and Rules-Confirmations-Public Elections Committees. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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). 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” 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, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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). The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by 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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Allen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
Without objection Bill Nos. BL2012-135 and BL2012-136 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 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, disapproved without; the Planning, Zoning and Historical Committee recommended deferral.
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; the Planning, Zoning and Historical Committee recommended deferral.
Mr. Pardue 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 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 and disapproved without; the bill was approved by the 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” 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, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
SUBSTUTUTE 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 to RS7.5 district for various properties along Cedar Lane (16.97 acres) between I-440 and Hawthorne Place, all of which is described herein (Proposal No. 2012Z-009PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical and Planning, Zoning and Historical Committee. Ms. Allen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP 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 and disapproved without; the bill was approved by the Planning, Zoning and Historical Committee. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from 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 and Planning, Zoning and Historical Committee. Mr. Glover moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 and Planning, Zoning and Historical Committee. Ms. Barry 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.
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 SP 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), to permit five multi-family residential units, all of which is described herein (Proposal No. 2012SP-017-001). Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution requesting Mayor Dean and Metro Water Services to designate as a priority capital project the installation of a 6” water main on Brandau Road from Central Pike to its intersection with Hoggett Ford Road and the extension of that water main onto the intersecting Hoggett Ford Road. The resolution was disapproved by the Budget and Finance and Public Works Committees. Mr. Stanley offered a document to be filed for the recorded and moved to defer the resolution and re-refer it to the Budget and Finance and Public Works Committees, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Mayor and the Metropolitan Nashville Public Schools to include the construction of a new high school in the Hermitage area as part of the Capital Spending Plan for fiscal year 2012-2013. The Budget and Finance and Education Committees recommended deferment. Mr. Stanley moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution supporting state legislation moving the Davidson-Wilson County lines to make certain parcels currently in Davidson County a part of Wilson County. The Budget and Finance Committee made no recommendation; the Planning, Zoning and Historical Committee recommended approval. Mr. Duvall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.