Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, September 4, 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 Rev. Dr. Mary Louise McCullough from Second Presbyterian 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: Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd and Mitchell (33); Absent: Barry, Steine, Maynard, Hunt, Gilmore, Langster, Weiner, Neighbors (8).

The Minutes of the regular meeting of August 21, 2012, were approved.

President Pro Tempore Todd presided in the absence of Ms. Neighbors.

- ELECTIONS AND CONFIRMATIONS -

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

Historic Zoning Commission
Appointment of Ms. Rose P. Cantrell for a term expiring June 1, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Procurement Standards Board
Reappointment of Mr. David Williams II for a term expiring July 20, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Public Library Board
Appointment of Ms. Joyce Searcy for a term expiring April 6, 2017. Ms. Searcy will fill the unexpired term of Ms. Brenda Wynn. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2012-394

A resolution exempting Kohana Japanese Restaurant located at 2002 Richard Jones Road, Suite C100, from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. Mr. McGuire requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution, and no one came forward to be heard. The President declared the public hearing closed. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (32); “Noes” (0).

- BILLS ON PUBLIC HEARING -

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. Mr. Pridemore 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. Pridemore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-194

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. Mr. Scott Davis 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Davis moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-212

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 Nashboro Village Planned Unit Development Overlay District for a portion of property located at 171 Bell Road, approximately 1,000 feet south of Nashboro Boulevard, zoned R10 (1.2 acres), to permit residential uses, not to exceed 100 units, consistent with the scale of development along Bell Road where a 100 unit, five story building was previously approved, all of which is described herein (Proposal No. 74-79P-008). The bill was approved by the Planning Commission with conditions. Ms. Johnson 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. Johnson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-228

An ordinance to amend Title 8 and Title 17 of the Metropolitan Code to modify the regulations and standards pertaining to the keeping of chickens on school property (Proposal No. 2012Z-017TX-001). Mr. Tygard 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. BL2012-228

An ordinance to amend Title 8 of the Metropolitan Code pertaining to the keeping of chickens on school property. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-229

An ordinance amending Section 17.40.740 of Title 17 of the Metropolitan Code, Zoning Regulations, to provide a waiver of the zoning application fee for applications filed by Members of Council in response to the Planning Commission’s determination that a Planned Unit Development (PUD) district is inactive after conducting a periodic review, all of which is more specifically described herein (Proposal No. 2012Z-018TX-001). The Planning Commission took no action on the bill. Ms. Johnson 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. Johnson 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. BL2012-230 and BL2012-231 were considered together.

BILL NO. BL2012-230

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 Shoppes at Ridgeview Commercial Planned Unit Development Overlay District located on a portion of property at Eagle View Boulevard (unnumbered) and approved for retail uses, approximately 575 feet east of Bell Forge Lane, zoned MUL and proposed for SP (0.9 acres), all of which is described herein (Proposal No. 2007P-005-001). The bill was approved by the Planning Commission with conditions.

BILL NO. BL2012-231

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 MUL to SP district for a portion of property located at Eagle View Boulevard (unnumbered), approximately 575 feet east of Bell Forge Lane (0.9 acres), to permit a carwash, all of which is described herein (Proposal No. 2012SP-018-001). The bill was approved by the Planning Commission with conditions, disapproved without.

Ms. Dowell 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 no one came forward to be heard. The President declared the public hearing closed. Ms. Dowell moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-232

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 CS zoning for properties located at 2721 Shacklett Drive and at 555, 559 and 561 Upshaw Drive, at the southeast corner of Shacklett Drive and Upshaw Drive (1.63 acres), all of which is described herein (Proposal No. 2012Z-015PR-001). The bill was approved by the Planning Commission. 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. BL2012-233

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP district for property located at 6115 Charlotte Pike, approximately 170 feet west of Balmy Avenue (0.96 acres), to permit automobile sales (used), automobile repair, and all other uses permitted by the MUL district, all of which is described herein (Proposal No. 2012SP-008-001). The bill was approved by the Planning Commission with conditions, disapproved without. 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 bill and no one came forward to be heard. The President declared the public hearing closed. 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. BL2012-234

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 RM20 to SP zoning for property located at 2215 Abbott Martin Road, approximately 350 feet west of Hillsboro Circle (1.72 acres), and partially located within the Floodplain Overlay District, to permit up to 90 multifamily units and an associated parking deck, all of which is described herein (Proposal No. 2012SP-021-001). The bill was approved by the Planning Commission with conditions, disapproved without. 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 citizens were heard in favor of and in opposition to 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.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-396

A resolution approving an application for a Courtroom Technology Enhancement Grant from the Tennessee Administrative Office of the Courts to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-397

A resolution approving a grant agreement from the National League of Cities to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Children and Youth, for the Cities Combating Hunger through the Afterschool Meals Program and appropriating grant funds to Second Harvest Food Bank to implement an afterschool meals program. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-398

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to subsidize the Emergency Management Program. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-399

A resolution approving an Intergovernmental Agreement by and between the United States Marshals Service and the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, for joint participation in the Violent Offender Task Force for the purpose of locating and apprehending fugitives. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-400

A resolution approving Amendment One to the 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. RS2012-401

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of The Metropolitan Government of Nashville and Davidson County against Richauna Okojie in the amount of $6,000.00. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-402

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Deborah Stone against the Metropolitan Government of Nashville and Davidson County in the amount of $20,000.00 and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-403

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Michael Wilson against the Metropolitan Government of Nashville and Davidson County in the amount of $9,000.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-404

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. RS2012-405

A resolution recognizing Chaplain Tim Eldred on being named National Sheriff’s Association Chaplain of the Year 2012. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-406

A resolution recognizing the Friends of Monroe Carell Jr. Children’s Hospital at Vanderbilt celebrating 40 years of existence this year. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-407

A resolution recognizing Christ the King Catholic Church on their 75th anniversary. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-408

A resolution recognizing the Oliver Middle School Band program for their accomplishments. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Davis moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2012-393

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 resolution was approved by the Charter Revision Committee. Ms. Evans moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-395

A resolution appropriating the amount of $8,745,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. Mr. Matthews 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. RS2012-395

A resolution appropriating the amount of $9,255,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee with an amendment. Mr. Matthews offered Amendment No. 1 and moved for its adoption, which motion was seconded. Mr. Claiborne moved to table the amendment, which motion failed by a roll call vote. Mr. Matthews renewed his motion to amend, which motion was seconded and adopted by a roll call vote of the Council. Mr. Matthews moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Dowell, Duvall (28); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-241

An ordinance amending Chapter 5.04 of the Metropolitan Code to require the annual contract for services between the Metropolitan Government and the Nashville Area Chamber of Commerce pertaining to the Partnership 2020 program to be approved by resolution of the Metropolitan Council. 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. BL2012-242

An ordinance authorizing the acquisition of certain right-of-way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of the Public Works Department, Project Number 2011-R-2, Jefferson Street Intersection Improvements for Jefferson Street at 28th Avenue/Ed Temple Boulevard and Jefferson Street at 21st Avenue North (Proposal No. 2012M-025PR-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 Committee by a voice vote of the Council.

BILL NO. BL2012-243

An ordinance authorizing the acquisition of certain right-of-way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of the Public Works Department Project Number 2012-R-2, White Bridge Pike Sidewalk-Bikeway Improvement (Proposal No. 2012M-026PR-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 Committee by a voice vote of the Council.

BILL NO. BL2012-244

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 property located at 604 Gallatin Pike, at the corner of Gallatin Pike and Cumberland Avenue (0.5 acres), to permit automobile sales (used) and all uses permitted by the CS zoning district, all of which is described herein (Proposal No. 2012SP-020-001). The bill was approved by the Planning Commission with conditions and 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. BL2012-245

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 Hamilton Hills Urban Design Overlay District, enacted via BL2005-825, located at 3300 Murfreesboro Pike, approximately 3,250 feet south of Hamilton Church Road, zoned RM9 and RM20 and proposed for CS (29.9 acres), all of which is described herein (Proposal No. 2005UD-008-001). 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. BL2012-246

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM9 and RM20 to CS zoning for property located at 3300 Murfreesboro Pike, approximately 3,250 feet south of Hamilton Church Road (29.9 acres), and located within the Hamilton Hills Urban Design Overlay District, all of which is described herein (Proposal No. 2012Z-017PR-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. BL2012-247

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 Burton Hills Commercial Planned Unit Development Overlay District located at 1 Burton Hills Boulevard, at the southeast corner of Hillsboro Pike and Burton Hills Boulevard (9.17 AC) zoned R15 and proposed for SP, to permit a seven-story, 110,000 square foot office building replacing a four-story, 54,000 square foot office building and to increase the total floor area for office uses in the overlay from 550,000 square feet to 660,000 square feet, all of which is described herein (Proposal No. 18-84P-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. BL2012-248

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 SP zoning for property located at 1 Burton Hills Boulevard, at the southeast corner of Hillsboro Pike and Burton Hills Boulevard (9.17 acres) and within a PUD Overlay, to permit office uses, all of which is described herein (Proposal No. 2012SP-023-001). 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. BL2012-249

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Nano Brewery” as use permitted with conditions (PC) in the MUL, MUL-A, MUG, MUG-A, MUI, MUI-A, CL and CS zoning districts (Proposal No. 2012Z-019TX-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. BL2012-250

An ordinance amending Chapter 2.44 of the Metropolitan Code pertaining to former police department canines and horses. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

Without objection, the rules were suspended for consideration of two (2) late ordinances.

BILL NO. BL2012-251

An ordinance approving a facilities use agreement between the Metropolitan Nashville Public Schools and Nashville State Community College (Proposal No. 2012M-029PR-001). 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.

BILL NO. BL2012-252

An ordinance approving the Metropolitan Government to abandon two hundred fifteen feet (215’) of a sanitary sewer main and easements and to accept five hundred ninety feet (590’) of relocated eight inch (8”) PVC sanitary sewer on properties located at 1600 Rosa L. Parks Boulevard and Rosa L. Parks Boulevard (unnumbered) (Project No. 12-SL-0043) (Proposal No. 2012M-023ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

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). The bill was approved by the Planning Commission. 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, Public Works, Traffic, Parking and Transportation 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. BL2012-237

An ordinance amending Title 3 of the Metropolitan Code relative to employee and retiree benefits, pensions and medical benefits. The bill was approved by the Budget and Finance Committee approved the bill with an amendment; the Personnel-Public Information-Human Resources-Housing Committee with two amendments; Mr. Matthews moved to defer the bill, which motion was seconded and adopted 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, Budget and Finance, Parks, Library and Recreation 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. BL2012-239

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, 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 with Mr. Pridemore abstaining.

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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Budget and Finance and Education Committees approved the bill with an amendment. Mr. McGuire offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. McGuire moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

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 and Planning, Zoning and Historical Committee.

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

Mr. Banks moved to moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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. Mr. Stites moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

BILL NO. BL2012-217

An ordinance naming the West Police Precinct in honor of Chief Joe D. Casey. The bill was approved by the Public Safety-Beer and Regulated Beverages and Rules-Confirmations-Public Elections Committees. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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 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” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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. Bedne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (30); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (29); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (29); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (28); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (28); “Noes” (0).

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, Parking and Transportation, 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” Garrett, Tygard, Matthews, Harrison, Banks, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall (28); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.