Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, August 21, 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 Daniel M. Hayes, Sr., Pastor, John Wesley 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, 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 (40); Absent: Maynard (1).

The Minutes of the regular meeting of August 7, 2012, were approved.

- MAYOR’S MESSAGE -

August 20, 2012

The Honorable Diane Neighbors, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Metropolitan Courthouse, Suite 204
Nashville, TN 37201

Dear Vice Mayor Neighbors and Members of the Council:

Please find attached the State of Tennessee reporting forms required to be submitted to the local legislative body following the sale of bonds previously authorized by the Metropolitan Council. The reports are for the following bond sales:

• $47,450,000 District Energy System Revenue and Tax Refunding Bonds, Series 2012A
(RS2012-319)

• $140,345,000 General Obligation Refunding Bonds, Series 2012B (Taxable)
(RS2012-320)

• $6,440,000 General Obligation Improvement Bonds Federally Taxable, Series 2012
(Qualified Energy Conservation Bonds – Direct Payment) (RS2012-317)

The two refunding issues were structured in conformance with the Metropolitan Government’s recently adopted Debt Management Policy and will result in present value savings of more than $19.6 million in savings for the Metropolitan Government over the remaining life of the bonds. In fact, the savings were significantly higher than anticipated when the Metropolitan Council approved the Bond Resolutions authorizing the sale. For each issue, the specific results are:

• The DES refunding issue will save $14.5 million ($11.9 million present value) over the life of the bonds which will be fully paid in 2033.

• The General Obligation refunding issue will save $9.9 million ($7.6 million present value) over the life of the bonds which will be fully paid in 2025.

• The Energy Conservation Bonds will be used for energy savings projects at Bridgestone Arena and will be fully retired in 2027 with an effective interest rate well below 1% after taking into consideration the Federal subsidy payment.

As always, we appreciate the Metropolitan Council’s support on these important financing initiatives.

Sincerely,
/s/Karl F. Dean
Mayor

- ELECTIONS AND CONFIRMATIONS -

President Pro Tempore
The President called for nominations for President Pro Tempore of the Metropolitan Council for a one-year term expiring August 31, 2013. Mr. McGuire nominated Mr. Todd, which motion was seconded; Mr. Harmon nominated himself, which motion was seconded; Ms. Moore nominated herself, which motion was seconded. There being no further nominations, the President declared the nominations closed. Harmon: Barry, Steine, Matthews, Banks, Westerholm, Anthony Davis, Pridemore, Pardue, Jernigan, Baker, Holleman, Harmon, Potts, Bedne (14); Moore: Harrison, Moore, Gilmore, Langster, Johnson (5). Todd: Garrett, Tygard, Hunt, Scott Davis, Bennett, Glover, Stites, Stanley, Claiborne, Tenpenny, Allen, Weiner, Evans, McGuire, Blalock, Dominy, Dowell, Duvall, Todd, Mitchell (20). The President declared the election of Mr. Carter Todd as President Pro Tempore for a one-year term ending August 31, 2013.

Agricultural Extension Board
Reappointment of Mr. Thurman Rivers for a term expiring August 1, 2015. 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.

Arts Commission
Appointment of Dr. Ruth Ross Edmonds for a term expiring January 1, 2015. Dr. Edmonds will fill the unexpired term of Ms. Kim Fowler. 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.

Community Corrections Advisory Board
Reappointment of Ms. Martesha Johnson for a term expiring July 30, 2013. 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.

Gas/Mechanical Examiners Appeals Board
Reappointment of Mr. Cal Nielson for a term expiring August 16, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Historic Zoning Commission
Appointment of Mr. Samuel Champion for a term expiring June 10, 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.

Human Relations Commission
Appointment of Ms. Sharon Kay for a term expiring April 18, 2013. Ms. Kay will fill the unexpired term of Mr. Hal Cato. 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.

Property Standards & Appeals Board
Reappointment of Mr. Bobby Boner for a term expiring August 6, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Carroll Richardson for a term expiring August 6, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Mark K. Sanders for a term expiring August 6, 2016. At the request of the appointee, the nomination was withdrawn.

Vegetation Control Board
Appointment of Ms. Jane K. Barber for a term expiring March 1, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Work Release Board
Appointment of Mr. Jose R. Hernandez for a term expiring January, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2012-377

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. Mr. Garrett 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. RS2012-377

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 deferment. Mr. Garrett moved to defer the resolution to the second meeting in September, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-378

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 deferment. Ms. Evans moved to defer the resolution to the second meeting in September, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-379

A resolution approving an application for an innOVATION Grant from Ovation/Americans for the Arts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Arts Commission, to expand artist engagement in the Artober Nashville Challenge. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-380

A resolution approving an application for the Learning is for Everyone (L.I.F.E.) Grant from The Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Community Education Commission. The resolution was approved by the Budget and Finance and Education Committees.

RESOLUTION NO. RS2012-381

A resolution approving an application for the AmeriCorps Vista Volunteer Grant from the Tennessee Literacy Coalition to The Metropolitan Government of Nashville and Davidson County, acting by and through the Community Education Commission. The resolution was approved by the Budget and Finance and Education Committees.

RESOLUTION NO. RS2012-382

A resolution accepting the Edward Byrne Memorial Justice Assistance Grant (JAG) from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for equipment and supplies for direct support for basic police, in-service, or specialized training. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-383

A resolution approving an interlocal agreement between the Emergency Communications District for Nashville and Davidson County and The Metropolitan Government of Nashville and Davidson County for provision of services and reimbursement of costs pertaining to 911 services. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-384

A resolution accepting a Staffing for Adequate Fire and Emergency Response (SAFER) Grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-385

A resolution approving Amendment Two to a grant/cooperative agreement between the U.S. Department of Homeland Security and The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, to support port-wide risk management for the Port of Nashville. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-386

A resolution accepting the Healthy Start Initiative – Eliminating Racial/Ethnic Disparities Grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide a variety of services for pregnant and parenting women.
The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-387

A resolution approving Amendment One to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for family planning services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-388

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 to participate in on-the-job training to service 85 new employees (eligible dislocated workers) at Amazon in Lebanon and Murfreesboro (LW09F121JCRSP12). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2012-389

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 adults for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09P121ADULT13). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2012-390

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 dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09P121DSLWK13). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2012-391

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the
Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-392

A resolution recognizing September as National Infant Mortality Awareness Month and declaring September 21, 2012 as Safe Sleep Awareness Day in Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Steine moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, 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).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-237

An ordinance amending Title 3 of the Metropolitan Code relative to employee and retiree benefits, pensions and medical benefits. 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. BL2012-238

An ordinance authorizing the Director of Public Property to accept and record easements in favor of the Metropolitan Government of Nashville and Davidson County on certain parcels of property for use in the Harpeth River and Mill Creek Greenway systems (Proposal No. 2012M-026ES-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, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-239

An ordinance approving the acquisition of property located at 1220 Berwick Trail for the Neely’s Bend Pump Station Upgrade Project (11-SC-112) (Proposal No. 2012M-015PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-240

An ordinance authorizing the acquisition of property in fee simple by negotiation, condemnation, or acceptance for the purpose of acquiring land to add to the Julia Green Elementary property for Metropolitan Nashville Public Schools (2012M-020PR-002). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2012-206

An ordinance amending Section 10.64.015 of the Metropolitan Code pertaining to fire flow requirements for single-family homes constructed on larger lots in the General Services District. The Codes, Fair and Farmers Market and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Hunt moved to defer the bill to the second meeting in September, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-209

An ordinance authorizing MuniNet Fiber Agency to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2012M-011EN-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Tenpenny moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-213

An ordinance amending Chapter 2.64 of the Metropolitan Code to require members of boards and commissions to provide an email address and telephone number for posting on the nashville.gov website. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Garrett moved to defer the bill to the second meeting in September, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-214

An ordinance amending Chapter 5.04 of the Metropolitan Code to limit the Metropolitan Government’s contribution to the Partnership 2020 program. The Budget and Finance Committee recommended withdrawal. Mr. Tygard moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-215

An ordinance amending Chapter 5.04 of the Metropolitan Code to prohibit the use of Metropolitan Government funds to purchase, construct, or erect building or ground signs that identify the name of an elected or appointed official. The bill was approved by the Budget and Finance Committee with an amendment. Mr. Glover offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Stites moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-216

An ordinance amending Title 5, Chapter 2 of the Metropolitan Code relative to property tax billing and payment procedures. The bill was approved by the Budget and Finance Committee. Ms. Barry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-217

An ordinance naming the West Police Precinct in honor of Chief Joe Casey. The bill was approved by the Public Safety-Beer and Regulated Beverages and Rules-Confirmations-Public Elections Committees with an amendment. Mr. Baker offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Baker moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-218

An ordinance amending Section 15.44.050 of the Metropolitan Code of Laws by adding a subsection authorizing the temporary reduction of sewer charges for customers who install green roofs on buildings within the combined sewer area. The bill was approved by the Public Works Committee; the Budget and Finance approved the bill with an amendment.
Mr. McGuire offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. McGuire moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-219

An ordinance approving the acquisition of property located at 914 Berwick Trail for the Berwick Trail Pump Station Upgrade Project (11-SC-107) (Proposal No. 2012M-011PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Pridemore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-220

An ordinance approving the acquisition of property located at 3268 Brick Church Pike for the Brick Church Pike Equalization Facility Project (11-SC-110) (Proposal No. 2012M-013PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-221

An ordinance authorizing the acquisition of property rights for the Vandiver Pump Station Upgrade Project (No.11-SC-109) (Proposal No. 2012M-014PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Pridemore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-222

An ordinance approving the acquisition of property located at 0 Brush Hill Road for the Loves Branch Pump Station Upgrade Project (11-SC-108) (Proposal No. 2012M-016PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Anthony Davis moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-223

An ordinance authorizing the acquisition and/or exchange of property for the purpose of acquiring land for recreational use by the Metropolitan Government as part of the Mill Creek Greenway (Proposal No. 2012M-021PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation, Planning, Zoning and Historical Committees. 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. BL2012-224

An ordinance approving the acquisition of easements for the Dickerson Pike Stormwater Improvement Project (11-SWC-0280) located east of Dickerson Pike along Ben Allen Road, Broadmoor Drive and Hillside Road (Proposal No. 2012M-012ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-225

An ordinance authorizing the acquisition and acceptance of easements on properties located at 0, 414, 422, and 607 Munn Road for the Munn Road Bridge Replacement Project (No.12-WC-0034)(Proposal No. 2012M-013ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. 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. BL2012-226

An ordinance acquiring permanent and temporary easements for the Saturn Drive Stormwater Improvement Project (11-SWC-0283) on properties located along Murfreesboro Pike and Saturn Drive (Proposal No. 2012M-014ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. 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. BL2012-227

An ordinance approving the Metropolitan Government to acquire permanent and temporary easements for the Jackson’s View Stormwater Improvement Project (11-SWC-0313) on fifteen properties located along Andrew Jackson Way, Bret Ridge Drive, Carriage Way Court, Jacksons Hill Road, Jacksons Valley Road and Jacksons View Road (Proposal No. 2012M-015ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Glover moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-235

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of Alley No. 802 and Alley No. 815 right-of-way and easements (Proposal No. 2012M-006AB-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. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-236

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Reedwood Drive right-of-way and easement. (Proposal No. 2012M-008AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Planning, Zoning and Historical Committees; the Public Works and Traffic and Parking Committees recommend deferment. Mr. Stites moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

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). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, 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).

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). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Jernigan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, 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).

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; the Planning, Zoning and Historical Committee recommended deferment. Ms. Weiner moved to suspend the rules to allow the bill to be heard and no objection was made. Ms. Weiner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, 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).

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 and Planning, Zoning and Historical Committee. Mr. Anthony Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, 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).

Without objection Bill Nos. BL2012-197 and BL2012-198 were considered together.

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). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment.

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). The bill was approved by the Planning Commission with conditions. The Planning, Zoning and Historical Committee recommended deferment.

Mr. Banks moved to defer the bills, the bills being requested by OHB Development Group and Delta Associates, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2012-199 and BL2012-200 were considered together.

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 and Planning, Zoning and Historical Committee.

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. The bill was approved by the Planning, Zoning and Historical Committee.

Mr. Mitchell moved to pass the bills on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Garrett, Tygard, 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).

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. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

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). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Tenpenny offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tenpenny moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

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). The bill was approved by the Planning Commission with amendments. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Claiborne offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Claiborne moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2012-207

An ordinance abandoning easements previously retained within the former rights-of-way of Alley numbers 104, 106 and 113 on property located at 719 Church Street (Proposal No. 2011M-005ES-002). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2012-208

An ordinance abandoning eight drainage easements on properties located at 609, 625, 628, 632, 636, 641, 648 and 649 Belle Park Circle (Proposal No. 2012M-011ES-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, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2012-210

An ordinance approving a ground lease between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee for construction of a Tennessee Highway Patrol Communications Tower in Cane Ridge (Proposal No. 2012M-019PR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2012-211

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before April 17, 2012. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.