Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, February 5, 2013


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

The invocation was offered by Pastor Dan Scott of Christ Church Nashville.

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, Garrett, Steine, 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, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (41); Absent: (0).

The Minutes of the regular meeting of January 15, 2013, were approved.

- ELECTIONS AND CONFIRMATIONS -

Cheatham County Rail Authority
The President gave notice of a vacancy on the Cheatham County Rail Authority and announced that an election would be held by the Metropolitan Council at the meeting of February 19, 2013, to fill the two-year term. Deadline for nominations to be submitted in writing to the Metropolitan Clerk is Tuesday, February 12, 2013, at 4:00 p.m.

Nashville and Eastern Rail Authority
The President gave notice of a vacancy on the Nashville and Eastern Rail Authority and announced that an election would be held by the Metropolitan Council at the meeting of February 19, 2013, to fill the two-year term. Deadline for nominations to be submitted in writing to the Metropolitan Clerk is Tuesday, February 12, 2013, at 4:00 p.m.

Arts Commission
Reappointment of Ms. Laurie Eskind for a term expiring January 1, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Matt Fischer for a term expiring January 1, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Larry Keeton for a term expiring January 1, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Paula Roberts for a term expiring January 1, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Solid Waste Region Board
Reappointment of Ms. Anna Alexander for a term expiring December 15, 2018. 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. Robert Diehl for a term expiring December 15, 2018. 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. Daniel Lane for a term expiring December 15, 2018. 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.

Work Release Board
Reappointment of Father Ed Steiner for a term expiring January 1, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- BILLS ON PUBLIC HEARING -

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 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 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. BL2013-348

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-A, CF and ORI to MUG-A (28.58 acres) and MUI-A (53.12 acres) zoning for various properties in Midtown between I-440 and I-40 (81.70 acres in total), all of which is described herein (Proposal No. 2013Z-004PR-001). Ms. Langster moved to defer the bill to the May public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-349

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 MUL zoning for property located at 5104 Illinois Avenue, approximately 115 feet west of 51st Avenue North (0.17 acres), all of which is described herein (Proposal No. 2012Z-030PR-001). Mr. Baker moved to defer the bill indefinitely, the bill being requested by Janice and Stephen Matheny, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-350

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 RS15 to AR2a zoning for properties located at 4223 Ashland City Highway and Ashland City Highway (unnumbered), approximately 1,900 feet east of Stewarts Lane and partially located within the Floodplain Overlay District (53.41 acres), all of which is described herein (Proposal No. 2012Z-029PR-001). The bill was approved by the Planning Commission. Mr. Harrison 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-351

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 MUI-A to SP zoning for properties located at 204 and 208 21st Avenue South and at 2003, 2005, 2007 and 2009 Division Street, at the northeast corner of Grand Avenue and 21st Avenue South (1.75 acres), to permit a mixed-use development containing a hotel, multifamily, office and commercial uses, all of which is described herein (Proposal No. 2012SP-032-001). The bill was approved by the Planning Commission with conditions, disapproved without. 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 bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-352

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 properties located at 414 and 416 Acklen Park Drive, approximately 360 feet west of Park Circle (0.83 acres), to permit eight residential units, all of which is described herein (Proposal No. 2012SP-034-001). The bill was approved by the Planning Commission with conditions, disapproved without. Mr. Holleman 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-353

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 316 Tanksley Avenue, approximately 240 feet east of Nolensville Pike (0.26 acres), to permit accessory vehicle parking and a storage building, all of which is described herein (Proposal No. 2012SP-029-001). The bill was disapproved by the Planning Commission. 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 citizens were heard in favor of and in opposition to passage of the bill. Documents were filed in opposition to the bill. 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. BL2013-354

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Sections 17.04.060, 17.08.030, 17.16.070, 17.16.160 and 17.20.30 to delete “Historic Home Events” as a use and to add “Special Events Center” as a new use to be permitted in certain zoning districts and permitted with conditions in certain zoning districts (Proposal No. 2013Z-001TX-001). Mr. Claiborne moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-355

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 1535 Gallatin Pike, approximately 3,000 feet south of Myatt Drive (3.0 acres), to permit automobile repair, automobile sales (used), automobile service, vehicular rental/leasing and all uses permitted within the MUL zoning district, all of which is described herein (Proposal No. 2013SP-002-001). The bill was approved by the Planning Commission with conditions, disapproved without. Mr. Pardue 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Pardue 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. RS2013-572

A resolution approving an application for an Arts Education Community Learning grant from the Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Arts Commission. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-573

A resolution approving Amendment Four to a grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Finance, to provide public assistance pursuant to Presidential Disaster Declaration number FEMA-1909-DR-TN to complete repairs and/or replacement to facilities damaged during April and May 2010. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-574

A resolution approving Amendment One to a grant from the U. S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, to create a professional development program and acquire a driver simulator to train fire department personnel in the operation of large vehicles. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-575

A resolution accepting a donation from Fred’s Inc. to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Nashville Fire Department for public fire safety education. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-576

A resolution approving a Safe Routes for Schools grant application for a grant from The Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for Dan Mills Elementary School. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2013-577

A resolution accepting certain incomplete infrastructure and property interests located in Chesapeake Homes, Phase 2, Section 6, Subdivision No. 2002S-068G-02; Creekside Subdivision, Subdivision No. 2001S-180U-03; Lanier Park, Phase 1, Subdivision No. 2002S-069G-04; and Skyline Village, Subdivision No. 2004S-288U-02, pursuant to Chapter 10.90 of the Metropolitan Code for completion and maintenance in the interest of public health and safety. The resolution was approved by the Budget and Finance, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2013-578

A resolution accepting the 2012 Plan Update for the Antioch-Priest Lake Community, adopted by the Planning Commission on October 25, 2012. The resolution was approved by the Planning, Zoning and Historical Committee.

RESOLUTION NO. RS2013-579

A resolution approving Amendment Two to an intergovernmental agreement by and between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the implementation of the Warner Parks Trail Linkage Improvements project. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2013-580

A resolution accepting a Tennessee Works Act Grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs for eligible dislocated workers for on-the-job training (LW09F132TWRSP13). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2013-581

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Shannta Smith against the Metropolitan Government of Nashville and Davidson County in the amount of $45,000.00, 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. RS2013-582

A resolution designating Friday, February 1st, 2013, “National Wear Red Day” in the City of Nashville and will mark the 10th Annual National Wear Red Day and the 10th year of the American Heart Association’s Go Red For Women® movement. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-583

A resolution designating February 2013 as American Heart Month in the City of Nashville. 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, 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, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2013-558

A resolution amending the Capital Improvements Budget and Program 2012-2013 through 2017-2018 (Ordinance No. BL2012-159) to add a Police Department project, a Sports Authority project, and a Water and Sewer project to Section 1 GSD Projects. Mr. Matthews offered a substitute resolution and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE RESOLUTION NO. RS2013-558

A resolution amending the Capital Improvements Budget and Program 2012-2013 through 2017-2018 (Ordinance No. BL2012-159) to add a Police Department project, a Sports Authority project, and a Water and Sewer project to Section 1 GSD Projects. The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (32); “Noes” (0).

RESOLUTION NO. RS2013-559

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed One Hundred Ten Million Dollars. 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, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (32); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2013-358

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Arts Commission, and the Americans for the Arts regarding each party’s responsibilities in relation to the Americans for the Arts 2014 Annual Convention and Pre-Conference in Nashville, Tennessee, and funding thereof, and authorizing the execution of the same. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-359

An ordinance approving various agreements related to the conveyance of fee interest in ownership of the property on which the Renaissance Hotel is located, and the leasing of certain space within the Metropolitan Government’s existing convention center building (Proposal Number 2013M-003PR-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, Convention, Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-360

An ordinance providing for a study of the compensation and benefits of elected officials of the Metropolitan Government. Ms. Evans moved to pass the bill on first reading and defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-361

An ordinance authorizing the Convention Center Authority for the Music City Center to install, construct, and maintain underground and aerial encroachments in the right-of-way of 5th Avenue South, 6th Avenue South, and Demonbreun Street (Proposal No. 2012M-022EN-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-362

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled Exhibits A-K and described below (Proposal No. 2012M-031PR-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 and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-363

An ordinance approving the Metropolitan Government to abandon easement rights that were retained by Council Ordinance BL94-1115, within the former rights-of-way of Alley #583 and Alley #585, on properties located at the northwest corner of Albion Street and 21st Avenue North (Proposal No. 2012M-039ES-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-364

An ordinance to negotiate and accept permanent and temporary easements for the Page Road Stormwater Improvement Project on two (2) properties located at 212 and 214 Page Road (Proposal No. 2012M-034ES-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-365

An ordinance to negotiate and accept permanent and temporary easements for the Myhr Drive Stormwater Improvement Project on nine (9) properties located along Myhr Drive and Beech Bend Drive (Proposal No. 2012M-033ES-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-366

An ordinance to negotiate and accept permanent and temporary easements for the Louise Drive Stormwater Improvement Project on thirty-three (33) properties located along Elizabeth Street, Harlin Drive, Louise Drive, Morton Avenue, Tanksley Street, Thompson Lane, and Timmons Street (Proposal No. 2012M-017ES-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-367

An ordinance to negotiate and accept permanent and temporary easements for the Ezell Road Stormwater Improvement Project on nineteen (19) properties located along Bakertown Road, Ezell Road, Lallemond Drive, and Wharton Drive (Proposal No. 2012M-035ES-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-368

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by closing and abandoning a portion of the Division Street right-of-way and easements, and to authorize the execution of a quitclaim deed to convey any interest the Metropolitan Government possesses in right-of-way at the intersection of Division and Broadway that would not already be extinguished by the aforementioned abandonment (Proposal No. 2013M-002AB-002). 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 Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-369

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before October 2, 2012. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-370

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 the Salemtown Neighborhood Conservation Overlay District to properties located along 3rd Avenue North, 4th Avenue North, 5th Avenue North, 6th Avenue North, 7th Avenue North, Buchanan Street, Coffee Street, Garfield Street and Hume Street (71.0 acres), all of which is described herein (Proposal No. 2013NHC-001-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-371

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 502 Southgate Avenue, approximately 245 feet west of Rains Avenue (0.7 acres), to permit up to nine residential dwelling units, all of which is described herein (Proposal No. 2013SP-003-001). 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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-372

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 CF to MUI-A zoning for property located at 2007 Terrace Place, approximately 175 feet west of 20th Avenue South (0.97 acres), all of which is described herein (Proposal No. 2013Z-003PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-373

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 CL to SP zoning for property located at 5110 Ashland City Highway, at the northwest corner of Ashland City Highway and Old Hickory Boulevard (4.42 acres), to permit motorcycle sales, automobile sales, and all uses permitted by the CL zoning district, all of which is described herein (Proposal No. 2013SP-004-001). 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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-374

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to CS zoning for property located at Murfreesboro Pike (unnumbered), at the southeast corner of Murfreesboro Pike and Pin Hook Road (1.6 acres), all of which is described herein (Proposal No. 2012Z-031PR-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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-375

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 an Urban Design Overlay District to establish building and site design standards at the southeast corner of Murfreesboro Pike and Pin Hook Road, zoned AR2a and proposed for CS, all of which is described herein (Proposal No. 2013UD-001-001). 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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-376

An ordinance to amend Sections 17.37 (Downtown Code) of the Metropolitan Zoning Code by adding regulations for signage (Proposal No. 2013Z-003TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-377

An ordinance approving Amendment No. 9 to the Capitol Mall Redevelopment Project Plan, Amendment No. 6 to the Rutledge Hill Redevelopment Plan, Amendment No. 4 to the Phillips-Jackson Street Redevelopment Plan, and Amendment No. 4 to the Arts Center Redevelopment Plan, to revise the sections of those Redevelopment Plans regulating signs. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

Without objection, the rules were suspended for consideration of one (1) late ordinance.

BILL NO. BL2013-378

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 SP zoning for properties located at 2400 Crestmoor Road and at 3813 and 3815 Cleghorn Avenue, at the southwest corner of Crestmoor Road and Cleghorn Avenue (2.09 acres), permitting all uses of the MUG-A district except those uses specified on the plan as prohibited, and utilizing most bulk standards of the MUG-A district, all of which is described herein (Proposal No. 2012SP-028-001). 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 which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2013-345

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 Wyoming Avenue right-of-way (Proposal No. 2012M-014AB-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. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-356

An ordinance providing the honorary designation of “Production Row” for Cowan Street from Spring Street north to its terminus. The bill was approved by the Public Works Committee; the Budget and Finance Committee recommended deferment. Mr. Scott Davis requested a suspension of the rules to allow the bill to be heard and objections were made. Mr. Scott Davis moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-357

An ordinance approving the Metropolitan Government to abandon water, sewer, and stormwater mains and easement rights for the Music City Center Project (09-SL-0020 & 09-WL-0022) on properties located between 5th Avenue South and Korean Veterans Boulevard and 8th Avenue South and Demonbreun Street (Proposal No. 2012M-036ES-001). The bill was approved by the Planning Commission and Public Works Committee; the Planning, Zoning and Historical Committee recommended deferment. Ms. Gilmore moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2012-151

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS40 to SP zoning for property located at 5570 Granny White Pike, approximately 300 feet north of Oman Drive (61.23 acres), to permit up to 57 residential units, all of which is described herein (Proposal No. 2012SP-005-001). The bill was approved by the Planning Commission with conditions and disapproved without. Pursuant to Rule No. 23 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.

SUBSTITUTE 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 first meeting in March, 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. 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” Tygard, Banks, Glover, Stites, Claiborne, Holleman, McGuire, Harmon, Mitchell (9); “Noes” Barry, Steine, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stanley, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (29).

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

BILL NO. BL2012-333

An ordinance amending Chapters 15.12, 15.16, 15.32, 15.44 and 15.48 of the Metropolitan Code of Laws relative to work performed in the public right-of-way, private service line insurance, charges for disconnection of service, reconnection of service, returned checks, net and gross billing procedures and charitable discounts. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Potts moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2013-338

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

BILL NO. BL2013-339

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 AmSurg Corp.’s consolidated corporate headquarters. The bill was approved by the Budget and Finance Committee. Mr. Matthews moved to pass the bill on third reading, which motion was seconded. Mr. Stites offered Amendment No. 1 and moved for its adoption, which motion was seconded and failed by a voice vote of the Council. The matter recurred on the motion to pass the bill on third reading and was adopted by the following vote:“Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” Stites, Stanley, Gilmore, Dominy, Duvall (5).

BILL NO. BL2013-340

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 Oberto Sausage Company d/b/a Oberto Brands’ manufacturing facility. The bill was approved by the Budget and Finance Committee. Mr. Matthews moved to pass the bill on third reading, which motion was seconded. Mr. Stites offered Amendment No. 1 and moved for its adoption, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to pass the bill on third reading and was adopted by the following vote:“Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” Stites, Stanley, Gilmore, Duvall (4).

BILL NO. BL2013-342

An ordinance approving a license agreement with the State of Tennessee, Department of Transportation for the use and benefit of the Board of Parks and Recreation in the construction and maintenance of the Richland Creek Greenway (Proposal No. 2012M-002OT-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, 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, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2013-343

An ordinance authorizing Omni Nashville, LLC for the hotel project to install, construct and maintain underground and aerial encroachments in the right of way of 4th Avenue South, Korean Veterans Boulevard and 5th Avenue South (Proposal No. 2012M-021EN-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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, 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, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2013-344

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 the entire length of Aline Avenue from Weakley Avenue southerly to its terminus to “John L. Copeland Boulevard” (Proposal No. 2012M-007SR-001). The bill was approved by the Planning Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, 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, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).

SUBSTITUTE BILL NO. BL2013-346

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 207 and Alley No. 209 right-of-way, along with certain utility and drainage easements (Proposal Nos. 2012M-017AB-001 and 2012M-040ES-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, 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, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2013-347

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 Clark Street, 7th Avenue South, 6th Avenue South, Shirley Street, Alley No. 114, Alley No. 137, and Alley No. 145 right-of-way and easements (Proposal Number 2012M-018AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, 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, Bedne, Dowell, Duvall, Todd, Mitchell (39); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


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