Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, December 4, 2012


The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.

The invocation was offered by Chaplain Jeannie Alexander from Riverbend Maximum Security Institution.

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, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell and Neighbors (39); Absent: Bedne, Duvall (2).

The Minutes of the regular meeting of November 20, 2012, were approved.

- ELECTIONS AND CONFIRMATIONS -

Social Services Commission
Appointment of Pastor William R. Harris, for a term expiring April 3, 2014. Pastor Harris will fill the unexpired term of Bishop George Price. 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.

Stormwater Management Committee
Reappointment of Mr. Dodd Galbreath for a term expiring October 31, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Wastewater Hearing Authority
Reappointment of Ms. Terry Kevlin for a term expiring October 1, 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.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2012-503

A resolution exempting Rolf and Daughters restaurant located at 700 Taylor Street from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Gilmore 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 resolution and no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore 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, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (37); “Noes” (0).

- BILLS ON PUBLIC HEARING -

BILL NO. BL2012-291

The bill was moved to the heel of the public hearing agenda.

BILL NO. BL2012-292

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Sections 17.04.060 and 17.16.250 pertaining to recording studios as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2012Z-024TX-001). The bill was approved by the Planning Commission. Ms. Barry requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record in favor of the bill. The President declared the public hearing closed. Ms. Barry moved to pass the bill on second reading, which motion was seconded. Mr. Todd moved to defer the bill and refer the bill to the Planning, Zoning and Historical Committee, which motion was seconded and adopted 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). The bill was disapproved by the Planning Commission as submitted, approved with amendments. Ms. Johnson requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record in favor of the bill. The President declared the public hearing closed. Ms. Johnson moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Tenpenny, Moore, Allen, Gilmore, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (28); “Noes” Tygard, Banks, Glover, Stites, Claiborne, Baker, Langster, Weiner(8); “Abstaining” Jernigan (1).

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). Ms. Johnson moved to defer the bill to the January public hearing, which motion was seconded and adopted 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). The bill was approved by the Planning Commission with amendments, disapproved without. Ms. Johnson requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. Ms. Johnson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-306

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. Mr. Todd 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. Todd moved to pass the bill on second reading, which motion was seconded and adopted 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). The bill was approved by the Planning Commission. Mr. Glover 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. Glover moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-308

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. 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. BL2012-309

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). The bill was disapproved 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 citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record in favor of the bill. 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. BL2012-310

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. Mr. McGuire requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. McGuire moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

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. Mr. Tenpenny requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Tenpenny moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-312

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. 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. BL2012-313

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). 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. BL2012-291

An ordinance amending Sections 17.04.060 and 17.16.110 of the Metropolitan Code, Zoning Regulations, amending the definition of “recycling facility” to clarify that it does not include the conversion of material into a fuel product or asphalt, and to prohibit such activity on construction/demolition landfill property (Proposal No. 2012Z-022TX-001). The bill was disapproved 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Claiborne moved to defer the bill to the second meeting in January and refer the bill to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-504

A resolution accepting a grant from the Tennessee State Library and Archives to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to target library materials to persons having difficulty using a library and to the underserved in the Nashville – Davidson County area. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2012-505

A resolution accepting a donation from the Nashville Downtown Partnership to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Nashville Planning Department, to assist in the cost of a tax impact analysis for Nashville. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-506

A resolution amending ordinance No. BL2010-796, by adoption of the First Amendment to the Agreement approved by and made exhibit to that ordinance, by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, and CCBCC Operations, LLC, for the purpose of extending and renewing the term of a program to promote recycling and environmental awareness (the Recycle and Win! Program). The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-507

A resolution approving an agreement between the Harpeth Valley Utility District and the Metropolitan Government of Nashville and Davidson County to purchase drinking water during times of emergency or special need. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-508

A resolution approving Amendment Number 1 to an intergovernmental agreement between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County for funding for various intersections improvements Pin Number 111335.00. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-509

A resolution approving an Interlocal Agreement between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through its Department of Public Works, for pavement resurfacing of 1.114 miles of street surface located on Spence Lane, (S.A. 19046(1). The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-510

A resolution approving an Interlocal Agreement between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through its Department of Public Works, for pavement resurfacing of 1.855 miles of street surface located on Elm Hill Pike, (S.A. 1925 (4)). The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-511

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for an enhanced DUI enforcement initiative to reduce traffic fatalities attributed to impaired drivers through aggressive enforcement on weekends and some major holidays. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-512

A resolution approving the Metropolitan Employee Benefit Board’s waiver of repayment of disability pension benefit overpayments for Randy Muir under Section 3.08.230 of the Metropolitan Code. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2012-513

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Jeanette Porter against the Metropolitan Government of Nashville and Davidson County for $37,500.00, and that said amount be paid out of the Judgments and Losses Fund and other appropriate funds. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-514

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Bellsouth Telecommunications, Inc. d/b/a AT&T (TN) against the Metropolitan Government of Nashville and Davidson County in the amount of $80,000.00, 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. RS2012-515

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

Having been unanimously approved by all of the appropriate Committees, Mr. Anthony 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, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2012-488

A resolution authorizing an economic and community development incentive grant to be made to the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for the benefit of HCA Health Services of Tennessee, Inc. and other affiliates of HCA Holdings, Inc., including Parallon Business Solutions, LLC, HealthTrust Purchasing Group, L.P., and Sarah Cannon Research Institute, LLC. The resolution was approved by the Budget and Finance Committee. Ms. Langster 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, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Todd, Mitchell (34); “Noes” Stites (1); “Abstaining, Evans, Dowell (2).

SUBSTITUTE RESOLUTION NO. RS2012-489

A resolution appropriating $1,050,000 of income from the Capitol Mall Urban Development Action Grant (UDAG) to the Metropolitan Development and Housing Agency for the benefit of HCA Health Services of Tennessee, Inc. and other affiliates of HCA Holdings, Inc., including Parallon Business Solutions, LLC, HealthTrust Purchasing Group, L.P., and Sarah Cannon Research Institute, LLC, and for job recruitment efforts. The resolution was approved by the Budget and Finance Committee. Ms. Langster 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, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Todd, Mitchell (34); “Noes” Stites (1); “Abstaining, Evans, Dowell (2).

- BILLS ON INTRODUCTON AND FIRST READING -

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 January, the bill being requested by Tuck-Hinton Architects, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-320

An ordinance amending Section 3.24.010 of the Metropolitan Code pertaining to health insurance benefits for Members of Council after they leave office. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees by a voice vote of the Council.

BILL NO. BL2012-321

An ordinance approving an Agreement by and between the Metropolitan Government, acting by and through its Department of Public Works and CSX Transportation, Inc. for the engineering, installation, and maintenance of a preemption interconnection device at the intersection of Vaughn’s Gap Road and SR 100. 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. BL2012-322

An ordinance authorizing the granting of a permanent easement to Piedmont Natural Gas Co. on certain property owned by the Metropolitan Government (Tax Map 085-00-0 Parcel 001.00) and presently used as Heartland Park (Proposal No. 2012M-037ES-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Parks, Library and Recreation, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-323

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2012M-001OT-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 Committee by a voice vote of the Council.

BILL NO. BL2012-324

An ordinance providing the honorary designation of “Musicians Way” for Gay Street between James Robertson Parkway and Fifth Avenue North. 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. BL2012-325

An ordinance granting a franchise to Nashville Data Link, Inc., to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2012M-023EN-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-326

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 SP zoning for property located at 515 Southgate Avenue, at the southwest corner of Southgate Avenue and Carvell Avenue (0.46 acres), to permit up to six residential units, all of which is described herein (Proposal No. 2012SP-027-001). 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. BL2012-327

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Neighborhood Landmark Overlay District on property located at 608 Shelby Avenue, opposite Boscobel Street (0.26 acres), zoned R8, all of which is described herein (Proposal No. 2012NL-002-001). 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. BL2012-328

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, changing from RM20 to RM40-A zoning for properties located at 1808, 1809 and 1810 Morena Street and 925 and 929 Dr. D.B. Todd Jr. Boulevard, approximately 200 feet north of Herman Street (3.42 acres), all of which is described herein (Proposal No. 2012Z-027PR-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. BL2012-329

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 3778 Central Pike, approximately 450 feet west of Dodson Chapel Road (10.88 acres), to permit an assisted-care living facility and up to 21 single-family lots, all of which is described herein (Proposal No. 2012SP-031-001). 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. BL2012-330

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 OR20 to OR40 zoning for property located at 1624 16th Avenue South, approximately 200 feet north of Wedgewood Avenue (0.24 acres) and located within the South Music Row Neighborhood Conservation Overlay District, all of which is described herein (Proposal No. 2012Z-026PR-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. BL2012-331

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 Nolensville Road Automart Specific Plan District for properties located at 2721 and 2725 Nolensville Pike and at 2722 Grandview Avenue, at the northwest corner of Nolensville Pike and McClain Avenue (0.82 acres), to allow one 20 foot tall pole mounted on-premise sign and to allow for the existing monument sign and building sign to remain, all of which is described herein (Proposal No. 2006SP-152-003). The bill was approved by the Planning Commission with conditions. 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.

- BILLS ON SECOND 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. The Budget and Finance and Codes, Fair and Farmers Market Committees recommended deferment. Mr. Dominy moved to defer the bill to the first meeting in January, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-314

An ordinance amending the Metropolitan Employee Benefit System to provide a retirement incentive to employees of the Metropolitan Government who otherwise qualify for retirement as of February 28, 2013. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Mr. Banks moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-315

An ordinance amending section 4.46.060 of the Metropolitan Code pertaining to the Procurement Nondiscrimination Program to change the frequency of benchmarking. The Budget and Finance Committee recommended deferment. Mr. Matthews moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-316

An ordinance approving the Metropolitan Government to acquire permanent and temporary easements for the Primrose Circle Stormwater Improvement Project on seven (7) properties located along Primrose Circle (Project No. 13-SWC-0026) (Proposal No. 2012M-032ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-317

An ordinance approving the Metropolitan Government to abandon approximately 135 feet of an 8 inch public sewer main with one manhole and to accept approximately 150 feet of an 8 inch public sewer main with three manholes for Project No. 10-SL-0167 on property located at 113 Page Road (Proposal No. 2012M-027ES-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 second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-318

An ordinance approving a lease agreement between the Metropolitan Development and Housing Agency and the Metropolitan Government for use of portions of the facilities located at Levy Place Housing Development (Proposal No. 2012M-033PR-001). The bill was approved by the Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Scott Davis moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-319

An ordinance approving a lease agreement between the Metropolitan Development and Housing Agency and the Metropolitan Government for use of portions of the facilities located at J. Henry Hale Housing Development (Proposal No. 2012M-034PR-001). The bill was approved by the Budget and Finance, Education 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.

- BILLS ON THIRD READING -

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 and the Planning, Zoning and Historical Committee. Ms. Gilmore 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, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (37); “Noes” (0).

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; Traffic and Parking Commission; Public Works; Traffic, Parking and Transportation 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, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (37); “Noes” (0).

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. The bill was disapproved by the Budget and Finance Committee. Mr. Dominy moved to pass the bill on third reading, which motion was seconded and failed by the following vote: “Ayes” Garrett, Tygard, Matthews, Pridemore, Pardue, Stites, Claiborne, Tenpenny, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (18); “Noes” Barry, Steine, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Jernigan, Glover, Moore, Allen, Baker, Langster, McGuire (15); “Abstaining” Anthony Davis, Gilmore, Weiner (3).

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. The bill was approved by the Education and Health, Hospitals and Social Services Committees. Mr. Tygard moved to withdraw the bill, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Works 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, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (37); “Noes” (0).

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. The bill was approved by the Budget and Finance Committee. 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, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Todd, Mitchell (34); “Noes” Stites (1); “Abstaining, Evans, Dowell (2).

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. The bill was approved by the Budget and Finance Committee. 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, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (37); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committees. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (33); “Noes” (0).

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, Public Works and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Todd, Mitchell (33); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.