Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, November 13, 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. Steven Meriwether of Immanuel 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, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (38); Absent: Glover, Gilmore, Harmon (3).

The Minutes of the regular meeting of October 16, 2012, were approved.

- MAYOR’S MESSAGE -

November 1, 2012

Vice Mayor Diane Neighbors
Members of the Metropolitan Council
Metro Courthouse, Suite 204
Nashville, TN 37201

Dear Vice Mayor and Members of the Metropolitan Council:

Pursuant to recently adopted regulations of the Tennessee Comptroller’s Office, when the Metropolitan Government undertakes a draw from one of our two commercial paper programs, the attached report must be submitted to the Metropolitan Council and presented at a meeting of that body before filed with the Comptroller.

As you can see from the attached, on October 15th, we issued $50 million under the General Obligation Commercial Paper Bond Anticipation Notes, Series A. Please find attached a link to the offering memorandum and the City’s Investor Relations link for additional information: http://nashville.gov/finance/investor-relations/docs/2007-Commercial-Paper-Offering-Memorandum.pdf or the investor relations page at http://nashville.gov/finance/investor-relations/investor_relations.asp.

Sincerely,
/s/Karl F. Dean
Mayor

- ELECTIONS AND CONFIRMATIONS -

Health and Educational Facilities Board
The President announced that an election would be held to fill two vacancies on the Health and Educational Facilities Board, and the nominees were: R. Walker Batts and Susan Tinney. Mr. Steine, reported that the Rules-Confirmations-Public Elections Committee had considered and found both candidates to be qualified to serve. Mr. Steine moved that Mr. Batts and Ms. Tinney be elected by acclamation, which motion was seconded and adopted by a voice vote of the Council for a term expiring September 30, 2018.

Alarm Appeals Board
Reappointment of Mr. Marcel Hernandez for a term expiring November 4, 2014. 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.

Reappointment of Mr. Randy Woodard for a term expiring November 4, 2014. 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.

Community Education Commission
Appointment of Mr. Brian Gilson for a term expiring October 6, 2015. 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.

Metropolitan Development and Housing Agency
Reappointment of Mr. Ralph Mosley for a term expiring November 5, 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.

Transportation Licensing Commission
Reappointment of Mr. Sam Patel for a term expiring October 10, 2014. 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.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2012-263

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). 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. BL2012-264

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). The bill was approved by the Planning Commission with an amendment. In the absence of the sponsor the bill was deferred to the January public hearing.

BILL NO. BL2012-273

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 ON zoning for property located at 1208 Hawkins Street, approximately 210 feet west of 12th Avenue South (0.25 acres), all of which is described herein (Proposal No. 2012Z-019PR-001). The bill was approved by the Planning Commission. Mr. Matthews 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 a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-274

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 RS10 zoning for various properties located along Lafayette Court, Lasalle Court and Lincoln Court, south of Leake Avenue (14.51 acres), all of which is described herein (Proposal No. 2012Z-024PR-001). The bill was approved by the Planning Commission. Ms. Evans 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 a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Ms. Evans moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-275

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 MUG to SP zoning for property located at the northeast corner of 16th Avenue North and Clinton Street (2.2 acres), to permit building contractor supply, light manufacturing, warehousing and storage, artisan distillery, micro-brewery uses and all uses permitted by the MUG-A district, all of which is described herein (Proposal No. 2012SP-024-001). The bill was approved by the Planning Commission with conditions. Mr. Matthews 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. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-276

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 Metro Center Auto Facility Specific Plan District for properties located at 1919, 1920, 1921, 1922, 1925 and 1927 5th Avenue North, 1918, 1920, 1922 and 1924 6th Avenue North, 410 Clay Street, and 501 Dominican Drive, at the southeast corner of Dominican Drive and Rosa L. Parks Boulevard (7.58 acres), to allow for CS signage standards for all signage within the Specific Plan District, all of which is described herein (Proposal No. 2006SP-108-002). The bill was approved by the Planning Commission with conditions. Ms. Langster requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-277

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 1813 Golf Club Road, at the northeast corner of Golf Club Road and Old Hickory Boulevard (0.64 acres), to permit a building contractor supply use (greenhouses) and an office use, all of which is described herein (Proposal No. 2012SP-026-001). The bill was approved by the Planning Commission. Mr. Jernigan 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. Jernigan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-278

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 to CL zoning for a portion of property located at 412 Brewer Drive, approximately 225 feet west of Nolensville Pike (1.1 acres), all of which is described herein (Proposal No. 2012Z-023PR-001). The bill was disapproved by the Planning Commission. Ms. Blalock moved to defer the bill indefinitely, the bill being requested by Dean Design Group, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-279

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from SP to RM20-A zoning for property located at 24 Lincoln Street, at the northwest corner of Lincoln Street and Perkins Street (0.26 acres), all of which is described herein (Proposal No. 2012Z-018PR-001). The bill was approved by the Planning Commission. Ms. Moore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-280

An ordinance amending Section 17.40.400 of the Metropolitan Code of Laws, pertaining to the membership of the Historic Zoning Commission of the Metropolitan Government of Nashville and Davidson County herein (Proposal No. 2012Z-021TX-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.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-464

A resolution electing two members to the Board of Directors of The Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-465

A resolution approving an application for the 2012 Homeland Security Grant from the State of Tennessee, Tennessee Emergency Management Agency, 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. RS2012-468

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

RESOLUTION NO. RS2012-469

A resolution approving a memorandum of understanding between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health (“METRO”), and Vanderbilt University to allow infectious disease residents and clinical fellows to experience training through METRO’s Tuberculosis Elimination Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-470

A resolution approving an intergovernmental agreement between the State of Tennessee, acting by and through the Tennessee Department of Health, Federally Qualified Health Centers and Rural Health Clinics and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, regarding administering vaccines for underinsured children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-471

A resolution approving an intergovernmental agreement between the State of Tennessee, acting by and through the Tennessee Department of Health, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, regarding a non-recurring vaccine appropriation. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-473

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Mark White and Martha Stevens against the Metropolitan Government of Nashville and Davidson County in the amount of $13,400.00, 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. RS2012-474

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Dwight Sutherly against the Metropolitan Government of Nashville and Davidson County in the amount of $35,000.00, 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. RS2012-475

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of the Estate of Mavis Combs, Vicki Spurlock, Mary Shawhan, William Patterson, and Mavis Lew against the Metropolitan Government of Nashville and Davidson County in the amount of $67,618.80, and that said amount be paid out of the Judgments and Losses Fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-477

A resolution requesting The National League of Cities to hold its 2015 Annual Congress of Cities and Exposition in Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-478

A resolution supporting the reducing of greenhouse gas pollution under the Environmental Protection Agency Clean Air Act. The resolution was approved by the Health, Hospitals and Social Services Committee.

RESOLUTION NO. RS2012-479

A resolution recognizing Immanuel Baptist Church on its 125th anniversary. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-480

A resolution recognizing Jane Alvis for her distinguished service as Chair of the Metropolitan Nashville Arts Commission. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-481

A resolution recognizing and congratulating Becky Beasley on being selected the Metropolitan Nashville Public Schools 2012-2013 “Teacher of the Year” representative from Una Elementary. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-482

A resolution recognizing Ruth S. Currie on her accomplishments in the field of cheerleading. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-483

A resolution honoring Judge Betty Adams Green for her distinguished service as Juvenile Judge over the last fourteen years. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-484

A resolution recognizing and congratulating Taffy Hower on being selected the Metropolitan Nashville Public
Schools 2012-2013 “Teacher of the Year” representative from Lakeview Elementary Design Center. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-485

A resolution recognizing Manager Joey Hall, his staff and the 2012 Goodlettsville All-Star Little League baseball team. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-486

A resolution recognizing Mr. Thomas D. Melton upon his retirement from the Metropolitan Water and Sewerage Department. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2012-487

A resolution recognizing Nashville Municipal Auditorium’s 50th Anniversary. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Steine moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2012-467

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 funding for project diabetes implementation activities to reduce the risk of adolescent diabetes by focusing on obesity prevention through physical activity and exercise. The Budget and Finance and Health, Hospitals and Social Services Committees recommended withdrawal. Ms. Weiner moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-472

A resolution authorizing Hard Rock Cafe International (USA), Inc. to install, construct and maintain an aerial sign encroachment at 100 Broadway for Hard Rock Cafe (Proposal No. 2012M-006EN-001). The resolution was approved by the Planning Commission; the Public Works and Planning, Zoning and Historical Committees recommended deferment. Mr. Matthews requested a suspension of the rules to allow the resolution to be heard and only one objection was made. Mr. Matthew 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, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2012-476

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee with an amendment. Mr. Steine offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Steine moved to adopt the resolution as amended, 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, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-293

An ordinance amending Chapter 2.78 of the Metropolitan Code pertaining to the future operation of the Tennessee State Fairgrounds property. Pursuant to Rule No. 8 of Rules of Procedure of the Metropolitan Council, the bill was deferred.

BILL NO. BL2012-294

An ordinance amending Chapter 4.12 of the Metropolitan Code to require certain sole source contracts to be approved by a resolution adopted by 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. BL2012-295

An ordinance amending Section 8.12.020 of the Metropolitan Code pertaining to the egg handling and dispersal plan for the keeping of chickens on school property. Upon motion duly seconded, the bill passed first reading and was referred to the Education and Health, Hospitals and Social Services Committees by a voice vote of the Council.

BILL NO. BL2012-296

An ordinance providing the honorary designation of “Curtis Senior Lane” for 14th Avenue North between Jefferson Street and Scovel Street. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2012-297

An ordinance authorizing the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to West End Summit Development, LLC (the Project Developer of the West End Summit Project) and affiliates of HCA Holdings, Inc., including Parallon Business Solutions, LLC, HealthTrust Purchasing Group, LP, and Sarah Cannon Research Institute, LLC. 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. BL2012-298

An ordinance approving an Agreement among Equal Justice Works, the Southern Public Defender Training Center, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Defender’s Office, for a national program called the Public Defender Corps, and accepting funding for the program. 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.

BILL NO. BL2012-299

An ordinance approving the Metropolitan Government to abandon two (2) fifteen foot (15’) easements on property located at 925 & 929 Otter Creek Road (Proposal No. 2012M-028ES-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.

BILL NO. BL2012-300

An ordinance approving the Metropolitan Government to abandon a portion of easement rights that were previously retained by Council Ordinance BL73-611 within a portion of the former right-of-way of 9th Avenue South on the property located at 921 S. Douglas Avenue (Proposal No. 2012M-031ES-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.

BILL NO. BL2012-301

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 Nashboro Boulevard (unnumbered), at the southeast corner of Nashboro Boulevard and Flintlock Court, zoned R10 (4.48 acres), to permit an assisted/independent living facility and multifamily residential townhome uses not to exceed two stories, where 144 multifamily units in two six-story buildings was previously approved, all of which is described herein (Proposal No. 74-79P-010). 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. BL2012-302

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 Nashboro Boulevard (unnumbered), at the southwest corner of Nashboro Boulevard and Flintlock Court, zoned R10 (3.46 acres), to permit neighborhood retail uses not to exceed one story, where 27,600 square feet of commercial uses was previously approved, all of which is described herein (Proposal No. 74-79P-009). 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. BL2012-303

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 property located at Nashboro Boulevard (unnumbered), east of Murfreesboro Pike, zoned RM6 (1.70 acres), to add conditions applicable to the daycare facility use already approved for the property, all of which is described herein (Proposal No. 74-79P-011). 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. BL2012-304

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 David Lipscomb Institutional Overlay District to add property located at 4109 Belmont Boulevard, zoned R10, (2.55 acres), all of which is described herein (Proposal No. 2006IN-001-004). The bill was disapproved by the Planning Commission. Mr. McGuire moved to withdraw the bill, the bill being requested by Tuck-Hinton Architects, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-305

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 David Lipscomb Institutional Overlay District to make modifications to several buildings located within the existing Overlay District, zoned R10, (70.21 acres), all of which is described herein (Proposal No. 2006IN-001-004). The bill was approved by the Planning Commission with conditions.
Mr. McGuire moved to defer the bill to the first meeting in December, the bill being requested by Tuck-Hinton Architects, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-306

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 Stammer Park SP for properties located at 2121 and 2123 Hobbs Road and at 4213, 4215, 4217, 4219, 4221, 4223, 4225, 4227 and 4227 B Stammer Place, at the southwest corner of Hobbs Road and Stammer Place (2.34 acres), to permit detached units, all of which is described herein (Proposal No. 2005SP-099-001). 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. BL2012-307

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 RS15 to AR2a zoning for property located at 931 Old Lebanon Dirt Road, approximately 650 feet north of N. New Hope Road (6.0 acres), all of which is described herein (Proposal No. 2012Z-025PR-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. BL2012-308

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 R8 to RS5 zoning for property located at 906 Acklen Avenue, approximately 460 feet west of Wedgewood Avenue (0.25 acres), all of which is described herein (Proposal No. 2012Z-021PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-309

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 zoning for property located at 100 Iris Avenue, at the northeast corner of Iris Avenue and Old Hickory Boulevard (0.24 acres), to permit all uses of the MUL zoning district and new and used tire sales, all of which is described herein (Proposal No. 2012SP-030-001). 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. BL2012-310

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 and RS10 to SP zoning for properties located at 1719 and 1725 Glen Echo Road and at Glen Echo Road (unnumbered), approximately 500 feet east of Hillmont Drive (4.31 acres), to permit up to 15 single-family lots, all of which is described herein (Proposal No. 2012SP-022-001). The bill was approved by the Planning Commission with conditions, disapproved without. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-311

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 RS10 to SP zoning for property located at 2901 Tuggle Avenue, at the southwest corner of Tuggle Avenue and Thompson Lane (0.27 acres), to permit a single-family residential unit and/or general office uses, all of which is described herein (Proposal No. 2012SP-025-001). The bill was approved by the Planning Commission with conditions, disapproved without. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-312

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Automobile Convenience” as use permitted with conditions (PC) in the IWD, IR and IG zoning districts (Proposal No. 2012Z-023TX-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-313

An ordinance amending Section 17.40.010 of the Metropolitan Code of Laws to require construction, application and enforcement of the zoning code in accordance with federal law (Proposal No. 2012Z-025TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2012-281

An ordinance amending Chapters 1.24, 2.100, 6.72, and 12.54 of the Metropolitan Code relating to the Transportation Licensing Commission, including a provision that the inspectors and Director of the Transportation Licensing Commission be employed by the Metropolitan Department of Public Works. The bill was approved by the Budget and Finance, Public Works and Public Safety-Beer and Regulated Beverages Committees with an amendment. Ms. Bennett offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Bennett 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. BL2012-282

An ordinance amending Chapter 4.20 of the Metropolitan Code pertaining to certified payroll record retention and inspection requirements, as well as the public accessibility to such records. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees with an amendment. Ms. Barry offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. 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.

BILL NO. BL2012-283

An ordinance amending Title 6 of the Metropolitan Code pertaining to the permitting of commercial solicitors and the establishment of a no solicitation list. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Claiborne moved to defer the bill to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-284

An ordinance amending Chapter 12.13 of the Metropolitan Code pertaining to the use of speed cushions as part of the neighborhood traffic management program. The bill was disapproved by the Budget and Finance and Public Works Committees; the Traffic and Parking Committee recommended deferment. Mr. Stanley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Stanley moved to defer the bill, as amended, to the second meeting in December and refer the bill to the Traffic and Parking Commission, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-285

An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation, in relation to construction and maintenance of a greenway trail (Proposal No. 2012M-024PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-286

An ordinance approving a lease agreement by and between the United States of America, Department of the Army, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Parks and Recreation, for a parcel of property adjacent to the Cheatham Lock and Dam (Proposal No. 2012M-032PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation 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. BL2012-287

An ordinance approving a lease agreement between the State of Tennessee and the Metropolitan Government of Nashville and Davidson County for the use and benefit of the Board of Parks and Recreation; and approving a sublease agreement between the Metropolitan Government of Nashville and Davidson county, by and through the Board of Parks and Recreation, and the Harpeth Youth Soccer Association (Proposal No. 2012M-018PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Ms. Weiner moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-288

An ordinance authorizing the construction and maintenance of wetland restoration projects in Bells Bend Park and authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions related to the wetland mitigation projects in Bells Bend Park (Proposal No. 2012M-030PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation 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.

BILL NO. BL2012-289

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning Johnstone Court right-of-way (Proposal No. 2012M-013AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. The Public Works; Traffic, Parking and Transportation; and Planning, Zoning and Historical Committees recommended deferment. Mr. Todd moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-290

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 Music Circle East right-of-way (Proposal No. 2012M-012AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission and Traffic, Parking and Transportation Committee; the Public Works and Planning, Zoning and Historical Committees recommended deferment. Mr. Matthews requested a suspension of the rules to allow the bill to be heard and only one objection was made. Mr. Matthews 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. BL2012-262

An ordinance amending Chapter 13.08 of the Metropolitan Code pertaining to honorary street signs. The bill was approved by the Public Works 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, 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, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-265

An ordinance naming the bridge on Georgia Avenue over Richland Creek in honor and memory of Audrey Baker. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “ Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-266

An ordinance amending Section 3.24.010 of the Metropolitan Code pertaining to health insurance benefits for Members of Council after they leave office. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing-Committees. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and failed by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Banks, Jernigan, Stites, Claiborne, Weiner, McGuire, Blalock, Duvall, Todd, Mitchell (14); “Noes” Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, Dominy, Johnson, Potts, Bedne, Dowell (23).

BILL NO. BL2012-267

An ordinance authorizing Nashville Downtown Partnership to install, construct and maintain underground and structural encroachments at various locations for bike kiosks (Proposal No. 2012M-019EN-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Westerholm moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “ Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-268

An ordinance approving the Metropolitan Government to acquire all or a portion of property located at 6950 Charlotte Pike for the Davidson Branch Equalization Facility Project (11-SC-111)(Proposal No. 2012M-012PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “ Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-269

An ordinance authorizing the fee simple acquisition of a portion of property located at 826 Cammack Court for the Reservoir and Detention Basin Project No. 10-WG-069, approximately 875 feet east of Rodney Drive (Proposal No. 2012M-022PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “ Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-270

An ordinance approving the Metropolitan Government to accept an easement and eight hundred sixty-eight feet (868’) of an eight inch (8”) water main, two (2) fire hydrants and to also accept one thousand two hundred eighty four feet (1,284’) of an eight inch (8”) sewer main on property located at Duncanwood Drive (unnumbered) (Project No. 11-WL-0090 & 11-SL-0098) (Proposal No. 2012M-021ES-001 and 2012M-021ES-002). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “ Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-271

An ordinance approving the Metropolitan Government to abandon approximately five hundred and seventy (570) feet of existing ten (10) and twelve (12) inch sewer lines and easements on property located at 1515 Demonbreun Street (Proposal No. 2012M-030ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “ Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-272

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of a portion of Powell Avenue to “Old Powell Avenue” (Proposal No. 2012M-006SR-001). The bill was approved by the Planning Commission, Public Works and Traffic, Parking and Transportation Planning, Zoning and Historical Committee. Mr. Tenpenny moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “ Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2012-466

A resolution accepting a donation to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Department of Public Works to pay for the Audrey Baker Memorial Bridge sign. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Tygard 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, Baker, Langster, Weiner, Evans, Holleman, McGuire, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.