Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, July 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 Councilman James B. Stanley.

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, 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, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (39); Absent: Matthews, Blalock (2).

The Minutes of the regular meeting of June 19, 2012, were approved.

- MAYOR’S MESSAGE -

June 25, 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 from one of our two commercial paper programs, 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 May 30th we issued $50 million under the Water and Sewer Revenue Commercial Paper Series A and B. Please find attached a link to the offering memorandum and the City’s Investor Relations

linkforadditionalinformation:http://nashville.gov/finance/investor-relations/docs/refunding-reports/Series2012AStateRefundingRpt.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 -

Transportation Licensing Commission
Reappointment of Mr. Brian Winfrey 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.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2012-158

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). The bill was disapproved by the Planning Commission. Mr. Stites 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. Stites moved to pass the bill on second reading, which motion was seconded and adopted 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. Ms. Moore 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 no one came forward to be heard. The President declared the public hearing closed. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted 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 with conditions. Mr. Banks 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Banks moved to pass the bill on second reading, which motion was seconded and adopted 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). Ms. Moore moved to defer the bill to the August public hearing, which motion was seconded and adopted 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 with conditions disapproved without. Mr. Tenpenny 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Tenpennymoved to pass the bill on second reading, which motion was seconded and adopted 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 with conditions disapproved without. Ms. Langster 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 no one came forward to be heard. The President declared the public hearing closed. 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. BL2012-178

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 with conditions disapproved without. Mr. Pardue 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Pardue moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2012-179 and BL2012-180 were considered together.

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.

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.

Mr. Stites requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and citizens were heard in favor of and in opposition to passage of the bills. The President declared the public hearing closed. Mr. Stites moved to pass the bills on second reading, which motion was seconded and adopted 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). The bill was approved by the Planning Commission with an amendment. Mr. Claiborne 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted 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). The bill was approved by the Planning Commission with an amendment. Mr. Holleman 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Holleman moved to pass the bill on second reading, which motion was seconded and adopted 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). The Planning Commission approved the bill with amendments. Mr. Claiborne 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-316

Initial resolution determining to issue general obligation qualified energy conservation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed Ten Million Dollars. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-317

Resolution authorizing the execution, terms, issuance, sale and payment of general obligation qualified energy conservation bonds in the aggregate principal amount of not to exceed $10,000,000. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-318

Initial resolution determining to issue district energy system revenue and tax refunding obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed Fifty-Five Million Dollars. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-319

Resolution supplementing and amending Resolution RS2002-1124 (Amended and Restated District Energy System General Bond Resolution) and authorizing the execution, terms, issuance, sale and payment of district energy system revenue and tax refunding bonds in the aggregate principal amount of not to exceed $55,000,000. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-320

Resolution authorizing the execution, terms, issuance, sale and payment of taxable general obligation refunding bonds in one or more series in the aggregate principal amount of not to exceed $235,000,000. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-321

A resolution accepting a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to establish and enforce federal and state mandated child support program guidelines for children born out of wedlock. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-322

A resolution approving Amendment One to a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for ongoing professional training for Juvenile Court Probation Officers. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-323

A resolution accepting 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 Office of the District Attorney General, to work with Hispanic victims of crimes and their families who find the criminal justice system disorienting due to language limitations and cultural understanding. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-324

A resolution accepting 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 (VIP). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-325

A resolution approving Amendment One to the contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and United Neighborhood Health Services, Inc. to provide health care services at the Downtown Clinic. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-326

A resolution accepting 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, homemaker services, and nutrition choices 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. RS2012-327

A resolution accepting a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide homemaker services to eligible customers. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-328

A resolution accepting 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. RS2012-329

A resolution to appropriate grant funds from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission, for Low Income Home Energy Assistance Program (LIHEAP) services for eligible low income customers. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-330

A resolution to appropriate grant funds from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission, for a community services block grant to provide adult basic education to help clients achieve self-sufficiency. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-332

A resolution accepting a grant from Greenways for Nashville to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide funding and benefits for the position of Executive Coordinator of Greenways for Nashville and funding for one part-time position in conjunction with Metro’s Greenways Commission. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-334

A resolution recognizing Tennessee’s Magazine Publishing Entrepreneur, Newspaper Publishing Chief Executive Mrs. Rosetta Miller-Perry. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-335

A resolution recognizing Raul Regalado, President and Chief Executive Officer, of the Metropolitan Nashville Airport Authority, on the occasion of his retirement. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-336

A resolution recognizing Catholic Charities of Tennessee, Inc. on the occasion of its 50th Anniversary. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-337

A resolution recognizing Futuro. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-339

A resolution honoring Infinity Cat Recordings on its Tenth Anniversary as one of Nashville’s best Independent Labels. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-340

A resolution recognizing July as Park and Recreation Month in the City of Nashville. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-341

A resolution recognizing Tuesday, August 7, 2012, as Nashville’s Night Out Against Crime. 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, 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, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0); with the exceptions of RS2012-316, 317, 318, 319 and 320, which Ms. Evans abstained from voting on.

- RESOLUTIONS -

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, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, 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, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2012-331

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 131-01 Parcel 005.00) for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2012M-020PR-001). The resolution was approved by the Planning Commission. The Budget and Finance, Education and Planning, Zoning and Historical Committees recommended indefinite deferment. Mr. McGuire moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-333

A resolution approving the property at 1000 Apex Avenue to be used for a waste transfer facility. The resolution was disapproved by the Public Works and Planning, Zoning and Historical Committees. Mr. Scott Davis moved to disapprove the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, 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, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” Maynard (1).

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

RESOLUTION NO. RS2012-342

A resolution accepting the resignation of John Arriola from his position as County Clerk of Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, 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, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-187

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled Exhibits A-R and described below (Proposal No. 2012M-010PR-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 and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-188

An ordinance to name the private road accessing the Townhomes of Shadow Glen, “Shadow Glen Drive” to provide better public service, particularly emergency service, to the residents of the Townhomes (Proposal No. 2012M-004SR-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. BL2012-189

An ordinance approving an agreement by and between the Metropolitan Nashville Arts Commission and Fifth Third Bank concerning sponsorship of Artober Nashville. 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. BL2012-190

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 Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres) and within the Floodplain Overlay District, to permit a single-family residence/Bed & Breakfast Inn and to amend the definition of a ‘seasonal performance entertainment venue’, all of which is described herein (Proposal No. 2009SP-022-005). 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. BL2012-191

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 915 and 921 Robinson Road, at the northeast corner of Robinson Road and Industrial Drive (27.81 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2012SP-016-001). 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. BL2012-192

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 R15 to RM20 zoning for a portion of property located at 7301 Highway 70 South, approximately 1,280 feet west of Hicks Road (1.93 acres), all of which is described herein (Proposal No. 2012Z-012PR-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. BL2012-193

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 MUL zoning for property located at 265 Old Hickory Boulevard, approximately 1,175 feet east of Gallatin Pike (1.52 acres), all of which is described herein (Proposal No. 2012Z-013PR-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. BL2012-194

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 IWD to SP zoning for properties located at 2050 Lucas Lane and at Lucas Lane (unnumbered), approximately 1,000 feet west of Dickerson Pike (31.96 acres) and located partially within the Floodplain Overlay District, to permit scrap operation, retail and all other uses permitted by the IWD zoning district, all of which is described herein (Proposal No. 2012SP-015-001). The bill was disapproved 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. BL2012-195

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, RM20, RM40, SP, MUL, MUG, MUI, OR20, ORI, CL, CS, CF, IWD and IR to MUL-A(2.48 acres), MUG-A (155.04 acres), MUI-A (234.33 acres) and ORI-A (63.29 acres) zoning for various properties in Midtown between I-440 and I-40 (455.14 acres), all of which is described herein (Proposal No. 2012Z-016PR-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. BL2012-196

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 Chippington II Planned Unit Development Overlay District on property located at 1306 Coreland Drive, approximately 725 feet east of Gallatin Pike, zoned RM40 (1.52 acres), all of which is described herein (Proposal No. 118-76P-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. BL2012-197

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 MUN to OL zoning for properties located at 673 Old Hickory Boulevard and at Old Hickory Boulevard (unnumbered), approximately 425 feet east of Cloverland Drive (1.24 acres), all of which is described herein (Proposal No. 2012Z-014PR-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. BL2012-198

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 Presidents Reserve at Brentwood Commercial Planned Unit Development Overlay District for property located at 673 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 425 feet east of Cloverland Drive, zoned MUN and proposed for OL, (1.24 acres), to permit an 11,080 square foot medical office, general office, and outpatient clinic building where a 12,960 square foot office building was previously approved, all of which is described herein (Proposal No. 2004P-021-001). 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. BL2012-199

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by cancelling the Westwood Trace Residential Planned Unit Development Overlay District located at 8423 Highway 100 approved previously for 37 single-family lots, at the southeast corner of Highway 100 and Natchez Trace Parkway, zoned RS30 and CL and proposed for SP (19.2 acres), all of which is described herein (Proposal No. 96P-016-001). 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. BL2012-200

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 AR2a, RS40, RS30 and CL to SP zoning (portion within PUD Overlay and proposed for cancellation) for properties located at 8423 Highway 100 and 5948 Pasquo Road, at the southeast corner of Highway 100 and Natchez Trace Parkway (35.31 acres), to permit residential and various non-residential uses, all of which is described herein (Proposal No. 2012SP-013-001). The bill was approved by the Planning Commission with conditions, disapproved without. 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. BL2012-201

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 Highway 100 (unnumbered), at the southeast corner of Highway 100 and Pasquo Road (17.39 acres), to permit nursing home, assisted-living and residential uses, all of which is described herein (Proposal No. 2012SP-012-001). The bill was approved by the Planning Commission with conditions disapproved without. 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. BL2012-202

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 IWD to SP zoning for property located at 114 Powell Place, at the northwest corner of Powell Avenue and Armory Drive (13.92 acres) and partially within the Floodplain Overlay District, to permit retail, commercial and light industrial uses, all of which is described herein (Proposal No. 2012SP-019-001). 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. BL2012-203

An ordinance amending Chapters 17.08 and 17.16 of the Metropolitan Code pertaining to tent camping on religious institution property within the industrial zoning districts, all of which is more particularly described herein (Proposal No. 2012Z-011TX-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. BL2012-204

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Tasting Room” as an accessory use in the IWD, IR and IG zoning districts (Proposal No. 2012Z-013TX-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. BL2012-205

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to create “Farm Market” as a new use to be permitted by special exception in the AG and AR2a zoning districts and specifying the applicable conditions, signage, and parking standards (Proposal No. 2012Z-015TX-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.

- BILLS ON SECOND 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. The bill was disapproved by the Personnel-Public Information-Human Resources-Housing Committee. Mr. Tygard moved to defer the bill indefinitely, which motion was seconded and adopted 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. The Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees recommended indefinite deferment. Mr. Todd moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-184

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 the 25th Avenue South right-of-way and easements (Proposal No. 2012M-007AB-001). Ms. Allen 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. BL2012-184

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 the 25th Avenue South right-of-way and easements (Proposal No. 2012M-007AB-001). The bill was approved by the Planning Commission, Public Works, Traffic and Parking 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.

BILL NO. BL2012-185

An ordinance authorizing the acquisition of a sewer line easement on property located at 1114 Brookmeade Drive (Proposal No. 2012M-010ES-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.

BILL NO. BL2012-186

An ordinance authorizing the donation to the Middle Tennessee Council of the Boy Scouts of America of a floating dock acquired in connection with the Metropolitan Government’s purchase of a home damaged in the May, 2010 flood. The bill was approved by the Budget and Finance Committee. Mr. Tygard 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 with conditions. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Moore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Moore moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (34); “Noes” (0).

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. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (34); “Noes” (0).

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). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Tygard filed documents for the record. Mr. Dominy moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (34); “Noes” (0).

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). The bill was approved by the Budget and Finance and Public Works Committees. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (34); “Noes” (0).

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). The bill was approved by the Budget and Finance and Public Works Committees. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (34); “Noes” (0).

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, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (34); “Noes” (0).

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, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

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

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, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

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, Traffic and Parking Commission, Public Works, Traffic and Parking 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, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “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 filed documents for the record and moved to defer the resolution, 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. Mr. Stanley offered a substitute resolution and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE RESOLUTION NO. RS2012-226

A resolution requesting the Capital Needs Committee of the Metropolitan Nashville Board of Public Education to meet with the citizen advisory committee established to advocate for a new high school in the Hermitage area. The resolution was approved by the Budget and Finance and Education Committees. Mr. Stanley filed documents for the record. Mr. Stanley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, 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, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2012-338

A resolution recognizing the 100th Anniversary of Hume-Fogg Academic Magnet High School. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, 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, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.