Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, March 19, 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 Councilman Duane Dominy.

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, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (37); Absent: Maynard, Banks, Stites, McGuire (4).

The Minutes of the regular meeting of March 5, 2013, were approved.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Ms. Sara Longhini for a term expiring March 6, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Arts Commission
Appointment of Mrs. Hope Stringer for a term expiring January 1, 2014. Mrs. Stringer will fill the unexpired term of Mr. Howard Stringer. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Fire and Building Code Appeals Board
Appointment of Mr. Rich McCoy for a term expiring March 1, 2017. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-618

A resolution exempting Viener Fest Restaurant and Bar located at 117 28th Avenue North, 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. 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 resolution and no one came forward to be heard. The President declared the public hearing closed. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2013-622

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 care coordination services for the Children’s Special Services Program including pediatric and developmental assessment, audiology, and speech/language pathology services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-623

A resolution to appropriate funds from a Child and Adult Care Food Program Grant (CACFP) from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission, to supply after school meals and snacks for at-risk students. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-624

A resolution approving Amendment One to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide bioterrorism emergency preparedness services to the citizens of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-625

A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the City of Cookeville, for the distribution of state grant funds to assist with investigations of internet crimes against children. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-626

A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and Dickson County, for the distribution of state grant funds to assist with investigations of internet crimes against children. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-627

A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the Tennessee Association of Chiefs of Police, for the distribution of state grant funds to assist with investigations of internet crimes against children. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-629

A resolution approving an amendment to a lease agreement between the State of Tennessee and the Metropolitan Government (Proposal No. # 2010M-002PR-002). The resolution was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees.

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, Matthews, Harrison, Hunt, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2013-619

Resolution authorizing the execution, terms, issuance, sale and payment of general obligation improvement bonds in the aggregate principal amount of not to exceed $405,000,000. 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 roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (29); “Noes” Stanley, Tenpenny, Weiner, Evans (4); “Abstaining” Holleman (1).

RESOLUTION NO. RS2013-620

Initial resolution authorizing and providing for the issuance and sale of water and sewer revenue bonds in an aggregate principal amount of not to exceed Five Hundred Million Dollars of The Metropolitan Government of Nashville and Davidson County (Tennessee). 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 roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (29); “Noes” Stanley, Tenpenny, Weiner, Evans (4); “Abstaining” Holleman (1).

RESOLUTION NO. RS2013-621

Resolution supplementing Substitute Resolution No. RS2010-1442 to authorize the execution, terms, issuance, sale and payment of water and sewer revenue bonds in an aggregate principal amount of not to exceed $300,000,000 and authorizing the use of available funds of the Metropolitan Government’s Water and Sewer Department to defease all or a portion of the Metropolitan Government’s remaining outstanding Water and Sewer Revenue Refunding Bonds, Series 2008B (Taxable). 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 roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (29); “Noes” Stanley, Tenpenny, Weiner, Evans (4); “Abstaining” Holleman (1).

RESOLUTION NO. RS2013-628

A resolution approving an amendment to a parking agreement between the Metropolitan Government and Stahlman Redevelopment Partners, LLC for the use of up to 175 parking spaces for a fee in the courthouse parking garage to extend the expiration of the term of that agreement from 2046 to 2053 (Proposal No. 2013M-006PR-001). The resolution was approved by the Planning Commission, Traffic and Parking Commission, Budget and Finance and Planning, Zoning and Historical Committees; the Traffic, Parking and Transportation Committee recommended deferment. Ms. Gilmore requested a suspension of the rules to allow the resolution to be heard and no objection was made. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

RESOLUTION NO. RS2013-630

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. Anthony Davis offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Anthony Davis moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (35); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2013-395

An ordinance approving a settlement agreement and accepting a settlement payment resolving a dispute as to the liability of Comcast of Nashville I, LLC (“Comcast”) arising out of an audit of Comcast’s franchise fee payments under its prior, existing franchise agreement with the Metropolitan Government and approving a renewed franchise agreement with Comcast for it to construct, maintain and operate a cable television system within Metropolitan Nashville and Davidson County under the provisions of Chapter 6.08 of the Metropolitan Code (Proposal No. 2013M-001FR-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, Personnel-Public Information-Human Resources-Housing and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-396

An ordinance amending Title 6, Chapter 6.08 of the Metropolitan Code of Laws relative to Cable Franchise Agreements. Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Resources-Housing Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-397

An ordinance approving Amendment One to a contract between The Metropolitan Government and CCBCC Operations, LLC to extend the contract for beverage services. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Convention, Tourism and Public Entertainment Facilities and Parks, Library and Recreation Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-398

An ordinance approving an internship affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, and Argosy Education Group, Inc. d/b/a Argosy University – Nashville, to provide practicum and internship experience for students enrolled in the Master of Arts in Mental Health Counseling Program. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-399

An ordinance authorizing the Director of Public Property to accept and record an easement in favor of the Metropolitan Government on three parcels of property for use in the Whites Creek Greenway system (Proposal No. 2013M-005ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library and Recreation and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-400

An ordinance authorizing the granting of a permanent easement to Piedmont Natural Gas Company on certain property owned by the Metropolitan Government (Tax Map 161-00-0 Parcel 228.00) and presently used as Seven Mile Park (Proposal No. 2013M-006ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library and Recreation, Public Works and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-401

An ordinance approving the Metropolitan Government to abandon a portion of easement rights that were previously retained by Council Ordinance 075-1262 within a portion of the former right-of-way of 53rd Avenue North fifty (50) feet in width on a portion of property located at 5301 Illinois Avenue, and to retain an existing twenty (20) foot public sanitary sewer easement within the former right-of-way (Proposal No. 2013M-003ES-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. BL2013-402

An ordinance amending Title 10 and Title 17 of the Metropolitan Code to rename various waste management land uses; to modify the zoning districts within which construction/demolition landfills are permitted; to modify the street standard, setback, landscape buffer yard, and operating hour restrictions applicable to construction/demolition landfills; and to allow convenience centers as an accessory use on construction/demolition landfill property, all of which is more particularly described herein (Proposal No. 2013Z-002TX-002). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-403

An ordinance amending Section 17.28.100 of the Metropolitan Code pertaining to exterior lighting of buildings and structures (Proposal No. 2013Z-009TX-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.

- BILLS ON SECOND READING -

BILL NO. BL2013-380

An ordinance amending Chapter 13.20 of the Metropolitan Code to require the Metropolitan Government to provide notice to residents whenever excavation work is being done that impacts their property. Mr. Glover offered a substitute ordinance and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2013-380

An ordinance amending Chapter 13.20 of the Metropolitan Code to require the Metropolitan Government to provide notice to residents whenever excavation work is being done that impacts their property. The bill was approved by the Public Works Committee. 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. BL2013-381

An ordinance amending Chapter 16.60 of the Metropolitan Code to require periodic reports regarding the energy and water savings from Metropolitan Government buildings and facilities constructed using sustainable building principles and practices. The bill was approved by the Codes, Fair and Farmers Market Committee with an amendment. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard 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. BL2013-388

An ordinance repealing Metropolitan Code of Laws § 7.16.120 to eliminate residency requirements for liquor license applicants. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Pridemore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-389

An ordinance amending Section 13.24.130 of the Metropolitan Code pertaining to animals running at large. The Parks, Library and Recreation Committee recommended deferment. Ms. Bennett moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-390

An ordinance amending Section 13.40.040 of the Metropolitan Code requiring notice of parking fees to be posted at parking lots and garages. The bill was approved by the Traffic, Parking and Transportation Committee. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-391

An ordinance approving the Metropolitan Government to abandon approximately eight hundred thirty (830) linear feet of an existing eight (8) inch public water main and associated easements and to accept one hundred ninety six (196) linear feet of an eight (8) inch DIP public water main, public fire hydrant and an easement on property located at 4040 Armory Oaks Drive (Proposal No. 2013M-002ES-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.

- BILLS ON THIRD READING -

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). The bill was approved by the Planning Commission with amended boundary and disapproved without amended boundary. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Gilmore moved to defer the bill, 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, 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, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (35); “Noes” (0).

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). The bill was approved by the Planning Commission and 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, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (35); “Noes” (0).

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 with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical 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, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (35); “Noes” (0).

Without objection Bill Nos. BL2013-374 and BL2013-375 were considered together.

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, disapproved without UDO; the Planning, Zoning and Historical Committee recommended deferment.

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; the Planning, Zoning and Historical Committee recommended deferment.

Mr. Duvall moved to defer the bills, the bills being requested by Stephen J. Kozy and the Metropolitan Planning Department, 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). Ms. Gilmore offered a substitute ordinance and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. 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). The bill was approved by the Planning Commission and 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, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (35); “Noes” (0).

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. The bill was approved by the Planning Commission with an amendment. The bill was approved by 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, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

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. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-379

An ordinance to amend Section 8.12.020 of the Metropolitan Code pertaining to the keeping of chickens on community garden property within the Gallatin Pike Specific Plan zoning district. The bill was approved by the Health, Hospitals and Social Services Committee. Mr. Scott Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-382

An ordinance relinquishing the Metropolitan Government’s further interest in a building and parcel of property currently housing the Metropolitan Government’s archived records and formerly the Green Hills branch library (Proposal Number 2013M-004PR-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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-383

An ordinance adopting the 2013-2018 Consolidated Plan for Housing and Community Development and authorizing the Metropolitan Mayor to submit the 2013-2018 Consolidated Plan to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee. Mr. Scott Davis requested a suspension of the rules to allow the bill to be amended and no objection was made. Mr. Scott Davis offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Davis moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-384

An ordinance adopting the 2013 Analysis of Impediments to Fair Housing Choice and authorizing the Metropolitan Mayor to submit the 2013 Analysis of Impediments to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee. Mr. Scott Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-385

An ordinance approving the Metropolitan Government to abandon approximately ninety-two (92) linear feet of an existing eight (8) inch sewer main and associated easements and to accept one public sewer manhole on property located at 2300 Franklin Pike (Proposal No. 2012M-038ES-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, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-386

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government by abandoning Ransom Avenue right-of-way and easement (Proposal No. 2013M-001AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic, Parking and Transportation, and Planning, Zoning and Historical Committees. Ms. Allen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2013-387

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government by abandoning a portion of Alley No. 555 right-of-way and easement (Proposal No. 2012M-015AB-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. Langster 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, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2013-631

A resolution requesting the Tennessee Valley Authority (TVA) to revise its current vegetation management policy in order to prevent the clear cutting removal of all trees fifteen feet high or taller located within the TVA easements containing transmission lines. The resolution was approved by the Public Works Committee. Mr. Todd moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

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

RESOLUTION NO. RS2013-632

A resolution opposing SB 1285 / HB 1204, which would amend the law governing metropolitan governments in Tennessee to allow satellite cities to have all of the powers of a separate city. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


handicap Requests for ADA accommodation should be directed to Ana Escobar at 615/862-6770.