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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Kenneth L Richardson, Pastor of St Mark Baptist Church.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, 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: Glover (1).
The Minutes of the regular meeting of September 4, 2012, were approved.
- ELECTIONS AND CONFIRMATIONS -
President announced that, due to the retirement of Judge Betty Adams Green, a vacancy now exists in the office of Juvenile Court Judge, which vacancy is to be filled by the Metropolitan Council. President Neighbors stated that, pursuant to Rule 43 of the Metropolitan Council Rules of Procedure, nominations must be filed with the Metropolitan Clerk not later than 4:00 p.m. on Tuesday, September 25, 2012, and that an election to fill the vacancy will be conducted at the regular meeting of the Council on October 16, 2012.
Arts Commission
Appointment of Ms. Marielena Ramos for a term expiring January 1, 2014. Ms. Ramos will fill the unexpired term of Dr. Kimberly LaMarque. 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.
Property Standards and Appeals Board
Appointment of Mr. Jim Massey for a term expiring August 21, 2016. 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 -
A resolution exempting Nashville Nightlife Dinner Theater located at 2416 Music Valley Drive, from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. Mr. Claiborne 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 a citizen was heard in favor of the resolution. The President declared the public hearing closed. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Claiborne moved to adopt the resolution, 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, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
- CONSENT AGENDA RESOLUTIONS -
A resolution appropriating the amount of $1,540,000.00 from the unappropriated fund balance of the Radio Shop Fund to fund certain specified projects from the 2012-2013 to 2017-2018 Capital Improvements Budget. The resolution was approved by the Budget and Finance Committee.
A resolution approving an application for the Financial Empowerment Centers Grant from the Cities for Financial Empowerment (CFE) Fund to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee.
A resolution accepting a grant from the State of Tennessee, Department of Mental Health and Substance Abuse Services, to The Metropolitan Government of Nashville and Davidson County for the State Trial Courts’ residential drug court treatment program. The resolution was approved by the Budget and Finance Committee.
A resolution accepting a grant from the State of Tennessee, Department of Children’s Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to provide community-based case management and probation services to children at high risk of state custody. The resolution was approved by the Budget and Finance Committee.
A resolution approving an application for the Juvenile Accountability Block Grant from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee.
A resolution approving an interlocal agreement between the Metropolitan Government of Nashville and Davidson County by and through the Emergency Communications Center and the Emergency Communications District and The City of Brentwood Emergency Communications District to address gaps and overlaps existing in the emergency service zones (ESZ) and/or emergency service numbers (ESN). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving a sub-grant interlocal agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, and the Tennessee Wildlife Resources Agency for participation in the Fiscal Year 2009 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. 2009-PU-T9-K036). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving a sub-grant interlocal agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, and the City of Gallatin for participation in the Fiscal Year 2009 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. 2009-PU-T9-K036). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide nutrition education and services to eligible women, infants, and children (WIC) and breast feeding peer counseling programs for citizens of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide nutritious food to low income clients vulnerable to inadequate nutrition. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving Amendment One to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide HIV/AIDS prevention, surveillance and sexually transmitted disease program services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, to coordinate resources to prevent duplication and ensure the effective and efficient delivery of workforce services in Workforce Development Area Nine (33710-76013). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.
A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 136-00 Parcels 071.00 and 113.00, and Map 136-14 Parcels 167.00, 168.00 and 169.00) for use as park land (Proposal No. 2012M-027PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees.
A resolution approving an application for the recycling rebate grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County and approving the acceptance of such grant funds upon their award to the Metropolitan Government by the State of Tennessee and the appropriation of such grant funds to the Metropolitan Department of Public Works for use as described in the grant application. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Davon Breedlove. The resolution was approved by the Budget and Finance Committee.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Larry T. Jarrard against the Metropolitan Government of Nashville and Davidson County in the amount of $130,000.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance and Public Works Committees.
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” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, 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).
- RESOLUTIONS -
A resolution appropriating the amount of $400,000 from the General Fund Reserve Fund for the purchase of equipment for the Davidson County Election Commission. The resolution was approved by the Budget and Finance Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded. Mr. Mitchell moved to defer the resolution, which motion was seconded and failed by a roll call vote. The matter recurred on the motion to adopt and was adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, 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).
A resolution approving agreements between the Tennessee Valley Authority, the Electric Power Board of the Metropolitan Government of Nashville and Davidson County, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of General Services for the purchase, interconnection and parallel operation of electricity generated by solar units. The resolution was approved by the Budget and Finance Committee. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” Tygard, Duvall (2).
A resolution authorizing the parking of vehicles at the former Stokes Middle School property located at 3701 Belmont Boulevard pursuant to Section 2.206.010 of the Metropolitan Code. The resolution was approved by the Education Committee. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote:
Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Baker, Langster, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” Allen, Weiner, Evans, Holleman (4).
At this time, the Council considered Resolution Nos. RS2012-277, RS2012-278, RS2012-279, RS2012-280, RS2012-358, RS2012-377, RS2012-378, and RS2012-393 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 amendment portion of each resolution was considered separately, as follows:
RESOLUTION NO. RS2012-277
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The resolution was approved by the Charter Revision Commission and Charter Revision Committee. Mr. Jernigan moved to adopt the proposed Charter amendment, 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, Stites, 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).
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 Commission and Charter Revision Committee. Mr. Tygard moved to adopt the proposed Charter amendment, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Todd, Mitchell (34); “Noes” Holleman, Dowell, Duvall (3); “Abstaining” Bennett (1).
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 disapproved by the Charter Revision Commission and Charter Revision Committee. Mr. Tygard moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
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 Commission and disapproved by the Charter Revision Committee. Ms. Gilmore moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
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 disapproved by the Charter Revision Commission and Charter Revision Committee. Ms. Blalock moved to withdraw the resolution, 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 resolution was approved by the Charter Revision Commission and Charter Revision Committee. Mr. Garrett moved to adopt the proposed Charter amendment, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” Evans, Holleman (2).
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 Commission and Charter Revision Committee. Ms. Evans moved to adopt the proposed Charter amendment, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (38); “Noes” (0).
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. Ms. Evans offered a substitute charter amendment 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. RS2012-393
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 Commission and Charter Revision Committee. Ms. Evans moved to adopt the proposed Charter amendment, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (38); “Noes” Duvall (1).
Following the consideration of the proposed amendments to the Metropolitan Charter, Mr. Holleman offered a substitute for Resolution No. RS2012-277 incorporating the proposed Charter amendments receiving the required 27 affirmative votes and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE RESOLUTION NO. RS2012-277
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. Mr. Holleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, 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).
Mr. Holleman moved to withdrawn Resolution Nos. RS2012-278, RS2012-377, RS2012-378 and RS2012-393,which motion seconded and adopted by a voice vote of the Council.
- BILLS ON INTRODUCTON AND FIRST READING -
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 Cherrywood Drive right-of-way (Proposal No. 2012M-010AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committee by a voice vote of the Council.
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 Saunders Court right-of-way (Proposal No. 2012M-009AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committee by a voice vote of the Council.
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 Franklin Street right-of-way (Proposal No. 2012M-011AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance authorizing the acquisition of property by exchange for the purpose of acquiring land for recreational use by the Metropolitan Government (Proposal No. 2012M-028PR-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.
An ordinance amending Section 15.64.170 of the Metropolitan Code of Laws with respect to the modification of existing commercial or industrial facilities within the floodway of the Cumberland River. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works committees by a voice vote of the Council.
An ordinance approving the abandonment of approximately two hundred sixty-five feet (265’) of existing ten inch (10”) sewer and one hundred thirty-five feet (135’) of existing twelve inch (12”) sewer, and the acquisition of easement for approximately three hundred seven feet (307’) of a new twelve (12”) sewer on property located at 615 Nestor Street (Project No. 10-SG-0088) (Proposal No. 2012M-018ES-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.
An ordinance approving the Metropolitan Government of Nashville and Davidson County to abandon a Metropolitan Government Water Pumping Station located at 801 Stoner Mill Lane and the associated easement (Proposal No. 2012M-024ES-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.
An ordinance authorizing the acquisition of easements for the Hidden Hills Reservoir Abandonment Project (10-WG-0031) on properties located at 3009 Darrington Way and Chandler Road (unnumbered) (Proposal No. 2012M-019ES-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.
An ordinance to delete and/or amend various sections in Titles 1, 2, 3, 6, 10, 11, 12, 13, and 16 of the Metropolitan Code in order to remove and modify certain outdated Code provisions that are no longer enforced or otherwise no longer appropriate. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance amending Chapter 13.08 of the Metropolitan Code pertaining to honorary street signs. 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.
An ordinance to amend Title 17 of the Metropolitan Code, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying an Historic Landmark Overlay to properties located at 1622 Fifth Avenue North and 1612 Fourth Avenue North, all of which is described herein (Proposal No. 2012HL-001-001). 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.
An ordinance amending Section 17.40.120 of the Metropolitan Code, Zoning Regulations, pertaining to the legislative alteration of the Zoning Code standards when amending a planned unit development (PUD) approved under the authority of a previous zoning code (Proposal No. 2012Z-020TX-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 -
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 recommended indefinite deferment; the Public Safety-Beer and Regulated Beverages Committees disapproved the bill. Mr. Hunt moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
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 bill was approved by the Rules-Confirmations-Public Elections Committee with an amendment. Mr. Garrett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Garrett moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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 and Personnel-Public Information-Human Resources-Housing Committees. Ms Barry moved to pass the bill on second reading, which motion was seconded. 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 offered Amendment No. 2 and moved for its adoption, which motion was seconded. After discussion, Mr. Claiborne moved to withdraw Amendment No. 2, which motion was seconded and adopted. Ms. Barry moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance 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. The bill was disapproved by the Budget and Finance Committee. Mr. Dominy moved to defer the bill to the second meeting in October, which motion was seconded and adopted by a voice vote of the Council.
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, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. 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. BL2012-243
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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 2.44 of the Metropolitan Code pertaining to former police department canines and horses. The bill was approved by the Budget and Finance Committee with an amendment. Mr. Garrett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Garrett moved to defer the bill as amended, which motion was seconded and adopted by a voice vote of the Council.
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). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Ms. Dowell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore 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. BL2012-193
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). Mr. Pridemore 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. BL2012-193
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 RM20 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 and Planning, Zoning and Historical Committee. Mr. Pridemore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, 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. BL2012-194
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). Mr. Scott Davis 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. BL2012-194
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 and CS to SP zoning for property located at 2050 Lucas Lane and a portion of property located at Lucas Lane (unnumbered), approximately 1,000 feet west of Dickerson Pike (30.49 acres) and located partially within the Floodplain Overlay District, to permit scrap operation, retail and office uses, all of which is described herein (Proposal No. 2012SP-015-001). The bill was disapproved by the Planning Commission; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Scott Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (33); “Noes” Pardue (1); “Abstaining” Bennett (1).
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). Ms. Allen requested a suspension of the rules to allow a late substitute to be offered and no objection was made.
SUBSTITUTE 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, MUL, MUG, MUI, OR20, ORI, CL, CS, CF, IWD and IR to MUL-A(61.33 acres), MUG-A (161.28 acres), MUI-A (163.01 acres) and ORI-A (63.55 acres) zoning for various properties in Midtown between I-440 and I-40 (449.17 acres), all of which is described herein (Proposal No. 2012Z-016PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Allen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, 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).
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; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Johnson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, 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).
Mr. Tygard requested a suspension of the rules to allow a late amendment to be offered and no objection was made.
SUBSTITTUE BILL NO. BL2012-228
An ordinance to amend Title 8 of the Metropolitan Code pertaining to the keeping of chickens on school property. The bill was approved by the Health, Hospitals and Social Services with two amendments. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Holleman offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard 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, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (33); “Noes” Dominy, Duvall (2).
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; the bill was approved by the Planning, Zoning and Historical Committee. Ms. Johnson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).
Without objection Bill Nos. BL2012-230 and BL2012-231 were considered together.
Ms. Dowell requested a suspension of the rules to allow the bills to be heard and no objection was made.
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; the Planning, Zoning and Historical Committee recommended deferment.
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; the Planning, Zoning and Historical Committee recommended deferment.
Ms. Dowell moved to pass the bills on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from 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 and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP district for property located at 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; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from 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; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (32); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (32); “Noes” (0).
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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (32); “Noes” (0).
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 Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (32); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.