Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, June 5, 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 Reverend Jim Hamilton of Donelson Heights 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 15, 2012, were approved.

Councilman Steine moved that at the time of adjournment the Council adjourn to Tuesday, June 12, 2012, at 6:00 pm for the purpose of considering on third reading Ordinance No. BL2012-159, the Capital Improvements Budget for fiscal year 2013, on third and final reading along with any other matters that the President deems appropriate for consideration at that time, which motion was seconded and adopted without objection.

- ELECTIONS AND CONFIRMATIONS -

Board of Parks and Recreation
Appointment of Ms. Elizabeth Chase for a term expiring April 30, 2017. 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.

Public Library Board
Appointment of Ms. Jessie Garcia Van De Griek for a term expiring April 6, 2019. 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.

Transportation Licensing Commission
Reappointment of Mr. Sal Hernandez for a term expiring April 30, 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.

Reappointment of Mr. Brian Winfrey for a term expiring April 30, 2014. At the request of the nominee, the confirmation was deferred to July 3, 2012.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2012-159

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 and the Budget and Finance Committee. Mr. McGuire requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution and citizens were heard in favor of the bill. The President declared the public hearing closed. Mr. McGuire moved to pass the bill on second reading and re-refer the bill to the Budget and Finance and Planning, Zoning and Historical Committees, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-154

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. The bill was approved by the Budget and Finance Committee. Mr. McGuire requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Mr. McGuire moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

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). The bill was disapproved by the Planning Commission. Mr. Baker requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution and citizens were heard in favor of the bill. The President declared the public hearing closed. 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. 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 SP 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), to permit all uses of the OL district with certain exceptions, all of which is described herein (Proposal No. 2012SP-014-001). The bill was approved by the Planning Commission. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-151

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 RS40 to SP zoning for property located at 5570 Granny White Pike, approximately 300 feet north of Oman Drive (61.23 acres), to permit up to 57 residential units, all of which is described herein (Proposal No. 2012SP-005-001). The bill was approved by the Planning Commission with conditions and disapproved without. Mr. Todd requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Todd moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-152

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 CN zoning for property located at 1119 Morrow Avenue, approximately 50 feet east of Granny White Pike (0.17 acres), and within the Lipscomb University Institutional Overlay District, all of which is described herein (Proposal No. 2012Z-006PR-001). The bill was approved by the Planning Commission. Mr. McGuire requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of passage of the bill. The President declared the public hearing closed. 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. BL2012-153

An ordinance amending Metropolitan Code of Laws 17.04.060 in its definition of “Two-family” units (Proposal No. 2012Z-007TX-001). The bill was approved by the Planning Commission. Mr. Claiborne moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-281

A resolution accepting a grant from the Nashville Public Library Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to expand the Limitless Libraries Program by renovating Hillwood High School’s library to reflect up-to-date services and materials. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-282

A resolution approving Amendment Two to a grant from Vanderbilt University Medical Center, acting by and through the Vanderbilt Department of Pediatrics, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to collaborate on the Growing Right Onto Wellness (GROW) project to stop obesity in preschoolers before it becomes problematic. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-283

A resolution accepting a grant from the Tennessee Golf Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide funding for the VinnyLinks Seasonal Agronomy Internship. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-284

A resolution approving Amendment One to a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines at congregate meal sites, meal delivery services, and transportation to eligible seniors and handicapped residents. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-285

A resolution approving a grant application for a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines at congregate meal sites and meal delivery services to eligible seniors and handicapped residents. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-286

A resolution approving a grant application for a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide personal care services and homemaker services to eligible clients under the options program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-287

A resolution approving a grant application for a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide transportation to eligible seniors and handicapped residents in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-288

A resolution approving a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Saint Thomas Health (“Worksite POD”), to provide licensed medical employees and other licensed medical professionals specified by the Worksite POD with mass prophylaxis for distribution in the event of a public health emergency. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-289

A resolution approving an interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the acting by and through the Office of Emergency Management, and the Tennessee Wildlife Resources Agency for participation in the Fiscal Year 2011 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. EMW-2011-PU-K00375A). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-290

A resolution approving an interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the acting by and through the Office of Emergency Management, and the City of Ashland City for participation in the Fiscal Year 2011 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. EMW-2011-PU-K00375A). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-291

A resolution approving an interlocal agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, and the City of Clarksville for participation in the Fiscal Year 2010 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. 2010-PU-TO-K054). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-292

A resolution approving an interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the acting by and through the Office of Emergency Management, and the Stewart County Government for participation in the Fiscal Year 2011 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. EMW-2011-PU-K00375A). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-293

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare youth for entry into the labor force (LW09P121YOUTH13). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2012-295

A resolution approving agreements between the Tennessee Valley Authority (TVA), the Electric Power Board of the Metropolitan Government of Nashville and Davidson County (NES) and the Metropolitan Department of Water and Sewerage Services (MWS) for the purchase of electricity generated by wind and solar units plus Interconnection and Parallel Operation Agreements between NES and MWS. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-297

A resolution accepting a Tennessee Historical Commission Certified Local Government (CLG) Grant from the Tennessee Historical Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Historical Commission, to provide continuing education for staff and commissioners.
The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-298

A resolution accepting certain incomplete infrastructure and property interests located in Enclave at Twin Hills, Subdivision No. 2007s-307G-04, pursuant to Chapter 10.90 of the Metropolitan Code 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.

RESOLUTION NO. RS2012-299

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Timothy and Jennifer Babbs against The Metropolitan Government of Nashville and Davidson County in the amount of $153,000.00, and that said amount be paid out of the self-insured liability fund. The resolution was approved by the Budget and Finance Committee.

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, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (40); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2012-245

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.

RESOLUTION NO. RS2012-273

A resolution adopting a new pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County, excluding employees of the Board of Health, Board of Education and the Fire and Police Departments, effective July 1, 2012 and July 1, 2013. The resolution was approved by the Personnel-Public Information-Human Resources-Housing Committee; 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.

RESOLUTION NO. RS2012-274

A resolution adopting a new pay plan for the employees of the Metropolitan Departments of Fire and Police, effective July 1, 2012 and July 1, 2013. The resolution was approved by the Personnel-Public Information-Human Resources-Housing and Public Safety-Beer and Regulated Beverages Committees; the Budget and Finance Committee recommended 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.

RESOLUTION NO. RS2012-275

A resolution adopting a new pay plan for the employees of the Metropolitan Board of Health, effective July 1, 2012. The resolution was approved by the Health, Hospitals and Social Services and Personnel-Public Information-Human Resources-Housing Committees; the Budget and Finance Committee recommended 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.

RESOLUTION NO. RS2012-276

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed Two Hundred Ninety-Seven Million Six Hundred Sixty Thousand Dollars. The Budget and Finance Committee recommended 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.

RESOLUTION NO. RS2012-277

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment. Mr. Jernigan moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-278

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment. Mr. Tygard moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-279

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment. Mr. Tygard moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-280

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended indefinite deferment. Ms. Gilmore moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-294

A resolution approving an agreement between the Madison Suburban Utility District and the Metropolitan Government of Nashville and Davidson County for reading and maintaining water consumption meters and disconnecting water service. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hunt moved to adopt the resolution, 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, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0); “Abstaining” Garrett (1).

RESOLUTION NO. RS2012-296

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 094-00-0 Parcels 24.00, 29.00 and 39.00) for the use and benefit of the Metropolitan Department of Water and Sewerage Services (Proposal No. 2012M-017PR-001). The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees; the Public Works Committee recommended deferment. Ms. Gilmore moved to defer the resolution to the first meeting in July, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-161

An ordinance amending Section 3.04.010 of the Metropolitan Code to require all new employees of the Metropolitan Government to be residents of Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Resources-Housing Committee by a voice vote of the Council.

BILL NO. BL2012-162

An ordinance amending Section 3.24.010 of the Metropolitan Code pertaining to health insurance benefits for members of the Metropolitan Council. 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. BL2012-163

An ordinance authorizing the Metropolitan Department of Law to compromise and settle its claims against XO Communications Services, LLC for unpaid right-of-way franchise fees; and authorizing the establishment of a franchise arrangement with XO; and further authorizing a two-year extension to Contract No. 16186 for the provision of dark fiber by XO to the Metropolitan Government. 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.

BILL NO. BL2012-164

An ordinance approving a clinical affiliation agreement with Volunteer State Community College and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department’s EMS Office and Emergency Ambulance and Rescue Service, for the participation and clinical training of students enrolled in the Emergency Medical Technician Programs of the institution. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2012-165

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County and Nashville Soccer, LLC for the lease of premises commonly known as Ezell Park (Proposal No. 2012M-009PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-166

An ordinance authorizing the Metropolitan Government to enter a participation agreement with Southern Land Company to repair approximately 50 lineal feet of an 18 inch public combined sewer main and install one public manhole near 2300 Elliston Place (Project No. 11-SL-36A). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2012-167

An ordinance authorizing the Metropolitan Government to enter a participation agreement with 40th Avenue Church of Christ for the construction of approximately 2,300 lineal feet of a 12 inch water main and all appurtenances in 40th Avenue North from Charlotte Avenue to Catherine Johnson Parkway (Project No. 11-WG-0039). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2012-168

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 Elm Hill Pike right-of-way (Proposal No. 2012M-002AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-169

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 Pittman Place and Rosemont Avenue right-of-way and easements (Proposal No. 2012M-004AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-170

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of a portion of Terrace Avenue to “Summitt Avenue” (Proposal No. 2012M-003SR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-171

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 Jefferson Street right-of-way (Proposal No. 2012M-005AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-172

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 an unnumbered alley right-of-way and easements (Proposal Number 2012M-003AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-173

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 on properties located at 609 and 611 Wedgewood Avenue, approximately 260 feet west of Bransford Avenue (0.41 acres), zoned R6, all of which is described herein (Proposal No. 2012NL-001-001). 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. BL2012-174

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Seven Springs Planned Unit Development Overlay District for property located at 300 Seven Springs Way, approximately 575 feet north of Old Hickory Boulevard (7.76 acres), zoned OR40, to permit 280 multi-family units where 125,000 square feet of office space was previously approved, all of which is described herein (Proposal No. 98P-007-004). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-175

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, changing from SP to R6 zoning for property located at 24 Lincoln Street, at the northwest corner of Lincoln Street and Perkins Street (0.26 acres), all of which is described herein (Proposal No. 2012Z-001PR-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. BL2012-176

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 zoning to permit a 7,500 square foot automobile repair and service facility to SP zoning to permit a 4,000 square foot automobile repair and service facility for property located at 2849 Logan Street, approximately 505 feet north of Thompson Lane (0.31 acres), all of which is described herein (Proposal No. 2012SP-010-001). 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. BL2012-177

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 RM40 to SP zoning for property located at 111 Acklen Park Drive, approximately 625 feet north of West End Avenue, and within the 31st Avenue and Long Boulevard Urban Design and I-440 Impact Overlay Districts, to permit up to 347 multi-family units (3.57 acres), all of which is described herein (Proposal No. 2012SP-011-001). 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. BL2012-178

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for properties located at 2355 and 2372 Gallatin Pike, approximately 800 feet east of Riverchase Boulevard, to permit auto sales (used), automobile repair, automobile services and automobile parking (2.33 acres), all of which is described herein (Proposal No. 2010SP-022-003). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-179

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to CS zoning for a portion of property located at Percy Priest Drive (unnumbered), approximately 1,075 feet west of Bell Road (3.6 acres), all of which is described herein (Proposal No. 2012Z-007PR-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. BL2012-180

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 Larchwood Commercial Planned Unit Development Overlay District located on a portion of property at Percy Priest Drive (unnumbered), approximately 1,075 feet west of Bell Road (3.6 acres), zoned CL and proposed for CS, to permit the development of a self-storage facility, all of which is described herein (Proposal No. 155-74P-004). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-181

An ordinance amending Section 17.40.400 of the Metropolitan Code of Laws, pertaining to the membership of the Historic Zoning Commission of the Metropolitan Government of Nashville and Davidson County (Proposal No. 2012Z-012TX-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. BL2012-182

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to create “On-Site Agricultural Sales” as a new use to be permitted with conditions in the AG and AR2a zoning districts and specifying the applicable conditions and signage standards (Proposal No. 2012Z-010TX-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. BL2012-183

An ordinance to amend various sections of Title 17 of the Metropolitan Code to refine standards of the alternative zoning districts relating to building placement and bulk standards (Proposal No. 2011Z-007TX-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. BL2012-155

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. The bill was approved by the Budget and Finance Committee. Mr. McGuire moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-156

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. The bill was approved by the Budget and Finance, Convention, Tourism and Public Entertainment Facilities and Public Safety-Beer and Regulated Beverages 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. BL2012-157

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. 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.

BILL NO. BL2012-160

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. The bill was approved by the Budget and Finance Committee. Mr. Steine 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. 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 deferment. Ms. Moore moved to defer the bill, 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. BL2012-135 and BL2012-136 were considered together.

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, disapproved without; the bill was approved by the Planning, Zoning and Historical Committee.

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 and Planning, Zoning and Historical Committee.

Mr. Pardue moved to pass the bills 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, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0); “Abstaining” Garrett (1).

BILL NO. BL2012-144

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 Committees. Mr. Baker 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, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (40); “Noes” (0).

BILL NO. BL2012-145

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, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. McGuire moved to pass the bill on third reading, which motion was seconded. Ms. Dowell moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-146

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 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, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (40); “Noes” (0).

BILL NO. BL2012-147

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 bill was approved by the Budget and Finance and Public Works 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, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (40); “Noes” (0).

BILL NO. BL2012-148

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 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, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (40); “Noes” (0).

BILL NO. BL2012-149

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. Ms. Gilmore 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, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (40); “Noes” (0).

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 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, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (40); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2012-225

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 Budget and Finance Committee made no recommendation; the Public Works committee recommended deferment. Mr. Stanley moved to defer the resolution to the first meeting in July, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-226

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 Committee approved a substitute resolution; the Education Committee recommended deferment. Mr. Stanley moved to defer the resolution to the first meeting in July, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned to June 12, 2012, at 6:00 p.m.