Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, May 7, 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 Reverend Clay Stauffer of Woodmont Christian Church.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, 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 (39); Absent: Maynard, Jernigan (2).

The Minutes of the regular meeting of April 16, 2013, were approved.

- ELECTIONS AND CONFIRMATIONS -

Airport Authority Commission
Reappointment of Mr. Rod Essig for a term expiring April 5, 2017. 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.

Appointment of Mr. Trey Harwell for a term expiring April 5, 2017. At the request on the nominee, the confirmation was deferred.

Reappointment of Mr. Robert Joslin Jr. for a term expiring April 5, 2017. 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.

Electrical Examiners and Appeals Board
Reappointment of Mr. Don Wolfe for a term expiring April 15, 2017. At the request on the nominee, the confirmation was withdrawn.

Fire and Building Code Appeals Board
Reappointment of Mr. Eddie Hutton for a term expiring March 1, 2017. 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.

Plumbing Examiners and Appeals Board
Reappointment of Mr. Graham Reed for a term expiring March 10, 2017. 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.

Public Library Board
Reappointment of Ms. Lucy Haynes for a term expiring April 6, 2020. 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.

Zoning Appeals Board
Appointment of Ms. Cynthia Chappell for a term expiring February 26, 2018. 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.

- BILLS ON PUBLIC HEARING -

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). The bill was approved by the Planning Commission. Ms. Langster requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. 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). Ms. Weiner moved to defer the bill indefinitely, 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). The bill was approved by the Planning Commission. 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. The President declared the public hearing closed. 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. BL2013-410

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, and for final site plan for property located at 813 Watts Lane, approximately 120 feet west of Neighborly Avenue (1.57 acres), to permit light manufacturing and single-family residential uses, all of which is described herein (Proposal No. 2013SP-011-001). The bill was approved by the Planning Commission with conditions. Mr. Baker 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. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-411

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 RS5 to SP zoning for properties located at 1801, 1805 and 1807 Sevier Street, at the northeast corner of Sevier Street and S. 18th Street (0.7 acres), to permit up to ten detached single-family dwelling units, all of which is described herein (Proposal No. 2013SP-008-001). The bill was approved by the Planning Commission with conditions. Mr. Westerholm 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. Westerholm moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-412

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from SP to RS80 zoning for property located at Hicks Road (unnumbered), approximately 1,160 feet east of Sawyer Brown Road (36.25 acres), all of which is described herein (Proposal No. 2013Z-013PR-001). The bill was approved by the Planning Commission. Ms. Weiner 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. Weiner moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-413

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 and IWD to CS zoning for property located at 12629 Old Hickory Boulevard, at the southeast corner of Hobson Pike and Old Hickory Boulevard (2.27 Acres), all of which is described herein (Proposal No. 2013Z-006PR-001). The bill was approved by the Planning Commission. Mr. Duvall 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. Duvall moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-414

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 and CS to SP zoning for properties located at 5100 and 5104 Illinois Avenue, at the northwest corner of Illinois Avenue and 51st Avenue North (0.36 acres), to permit a mixture of uses, all of which is described herein (Proposal No. 2013SP-013-001). The bill was approved by the Planning Commission with conditions, disapproved without. Mr. Baker 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. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-415

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 RS5 to SP zoning for properties located at 1729 and 1731 Knowles Street, at the southeast corner of Knowles Street and Dr. D.B. Todd Jr. Boulevard, (0.34 acres), to permit a maximum of four residential units, all of which is described herein (Proposal No. 2013SP-001-001). The bill was approved by the Planning Commission with conditions, disapproved without. Ms. Langster requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Langster filed documents for the record and moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-416

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 MUL zoning for property located at Whites Creek Pike (unnumbered), approximately 590 feet south of Eatons Creek Road (4.11 acres), all of which is described herein (Proposal No. 2013Z-007PR-001). The bill was approved by the Planning Commission. Mr. Matthews requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-417

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning for properties located at 1701, 1705, and 1709 Glen Echo Road, opposite Hillmont Drive (1.04 acres), to permit up to 8 residential units, all of which is described herein (Proposal No. 2013SP-010-001). 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. BL2013-418

An ordinance to amend Sections 17.08.030, 17.16.070, 17.16.090, 17.32.050, 17.32.110, 17.32.120, 17.32.130 and 17.32.150 of the Metropolitan Zoning Code, pertaining to specific automobile related uses and sign requirements, by modifying which zoning district specific automobile related uses are permitted, all of which is more specifically described herein (Proposal No. 2013Z-006TX-001). The bill was approved by the Planning Commission. Mr. Hunt 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. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-419

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.670, pertaining to bulk standards for single-family structures on lots containing less than the minimum required lot area and adding a reference to Table 17.12.020.D (Proposal No. 2013Z-007TX-001). The bill was approved by the Planning Commission. The bill was approved by the Planning Commission. Mr. Claiborne requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2013-671

A resolution approving a contract between the Metropolitan County Council and Donald W. Jones for consulting services. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-673

A resolution approving Amendment Four to a grant from the Southeast Energy Efficiency Alliance to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Environment and Sustainability, to establish a program to increase residential energy efficiency building retrofits which include financial incentives to homeowners and community outreach programs. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-674

A resolution approving the fee schedule for the issuance of commercial solicitation permits and identification badges. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-675

A resolution approving a memorandum of understanding between the Metropolitan Government, acting by and through the Metropolitan Agricultural Extension Board to work cooperatively with the University of Tennessee. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-676

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 public health activities to enhance the health and well-being of women, infants, and families by improving community resources and planning public health services.
The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-677

A resolution approving Amendment Seven to a grant from the United States Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the ongoing collection of data on ambient air concentrations for fine particulate matter in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-679

A resolution approving a clinical affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to participate in a program of clinical instruction and training for nursing students. The resolution was approved by the Health, Hospitals and Social Services Committee.

RESOLUTION NO. RS2013-680

A resolution approving an amendment to the sub-grant interlocal agreement between the Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, and the City of Hendersonville, for participation in the Fiscal Year 2010 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. 2010-PU-T0-K054). The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-681

A resolution appropriating the amount of $6,175,500.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-682

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Charles Ivey against The Metropolitan Government of Nashville and Davidson County for $16,000.00. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-683

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Michelle Wiggins against the Metropolitan Government of Nashville and Davidson County in the amount of $31,957.00, 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. RS2013-684

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

RESOLUTION NO. RS2013-685

A resolution recognizing Scott Dillon, Project Director at TRT Holdings, Inc./Omni Hotels. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-686

A resolution recognizing Captain George Russell on the occasion of his retirement. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-687

A resolution recognizing In Full Motion. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-688

A resolution approving a Sister City relationship with Tamworth, NSW, Australia and authorizing the Mayor to execute a Sister City Charter. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-689

A resolution honoring the tenth anniversary of the Sister City Partnership between Nashville, Tennessee and Magdeburg, Germany. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-690

A resolution recognizing the finalists of the seventh annual Nashville Beautiful art contest. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-691

A resolution recognizing May as Foster Care Month in Nashville in recognition of National Foster Care Month. 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, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2012-522

A resolution authorizing the Director of Public Property, or his designee, to exercise options to purchase real property (Map 150-00 Parcels 048.00 and 208.00) for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2012M-035PR-001). The resolution was approved by the Planning Commission. Pursuant to Rule No. 23 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.

RESOLUTION NO. RS2013-670

A resolution establishing the certified tax rate in the General Services District, and declaring the amount of the certified rate for the Urban Services District, pursuant to the provision of Tennessee Code Annotated,§ 67-5-1701, et seq. The Budget and Finance Committee recommend deferment. Mr. Matthews moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2013-672

A resolution approving an agreement between the Metropolitan Government and the Convention Center Authority of Nashville and Davidson County for heating and cooling services at the Music City Center. The resolution was approved by the Convention, Tourism and Public Entertainment Facilities Committee; the Budget and Finance Committee recommended deferment. Mr. Matthews moved to defer the resolution which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2013-678

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Progreso Community Center to provide a location where current and potential Women Infants and Children (WIC) recipients may attend classes. The resolution was approved by the Health, Hospitals and Social Services Committee with an amendment. Ms. Weiner offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Weiner 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, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

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

RESOLUTION NO. RS2013-692

A resolution accepting a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the Internet Crimes Against Children Unit. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-431

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2014. 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. BL2013-432

An ordinance establishing the tax levy in the general services district for the fiscal year 2013-2014, and declaring the amount required for the annual operating budget of the urban services district, pursuant to Section 6.07 of the Metropolitan Charter. 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. BL2013-433

An ordinance amending Section 10.20.220 of the Metropolitan Code to designate all fees collected for the disposal of excess garbage to be used for recycling. Mr. Garrett moved that the bill pass first reading and be referred to the Budget and Finance and Public Works Committees at the second meeting in June, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-434

An ordinance to approve an affiliation agreement by and between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County to provide student clinical instruction and training with the Davidson County Drug Court. 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. BL2013-435

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Public Education, and Liberty Collegiate Academy (Proposal No. 2013M-013PR-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, Education and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-436

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Public Education, and Nashville Preparatory Academy (Proposal No. 2013M-014PR-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, Education and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-437

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. 902 right-of-way (Proposal No. 2013M-005AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-438

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. 428 right-of-way (Proposal No. 2013M-006AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-439

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. 434 right-of-way (Proposal No. 2013M-003AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-440

An ordinance approving the disposition of a portion of certain parcels of surplus property held by The Metropolitan Government of Nashville and Davidson County, listed as part of Davidson County Tax Map 92-14, Parcels 77, 78, and 86, by the Director of Public Property, to HCRI Tennessee Properties, LLC or an affiliate, thereof (Proposal No. 2013M-010PR-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. BL2013-441

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon easement rights that were previously retained by Council Bill BL2004-176, within a portion of the former right of way of 5001 Tennessee Avenue (Proposal No. 2013M-001ES-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. BL2013-442

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the Haynes Park Stormwater Improvement Project for 18 properties located along Boyce Court, Charles Court, Haynes Park Drive, and Kingview Drive (SW Project 12-SWC-174 and Proposal No. 2012M-016ES-001), and for the Maynor Place Stormwater Improvement Project for 23 properties located along Iverson Avenue and Maynor Avenue (SW Project 12-SWC-131 and Proposal No. 2013M-010ES-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. BL2013-443

An ordinance approving The Metropolitan Government of Nashville and Davidson County negotiating and accepting permanent easements for the Bell Crest Drive Stormwater Improvements for four properties located at 574 and 592 Bell Road and 5300 and 5304 Bell Crest Drive (SW Project 13-SWC-087 and Proposal No. 2013M-013ES-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. BL2013-444

An ordinance approving the Metropolitan Government to negotiate and accept permanent and potential easements for the Sunnyslope Court Stormwater Improvement Project Number 13-SWC-122 on four (4) properties located at 608, 612, 613, and 617 Sunnyslope Court (Proposal No. 2013M-012ES-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. BL2013-445

An ordinance approving The Metropolitan Government of Nashville and Davidson County to abandon approximately 65 linear feet of an existing eight inch sanitary sewer main and easements and to accept one new sanitary sewer manhole on properties located at 4001 and 4003 Clarksville Pike (MWS Project No. 13-SL-0014 and Proposal No. 2013M-014ES-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. BL2013-446

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 January 16, 2013. 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. BL2013-447

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 R20 to CL zoning for a portion of properties located at 611 Old Hickory Boulevard, approximately 1,025 feet south of Interstate 40 (1.06 acres), all of which is described herein (Proposal No. 2013Z-011PR-001). Ms. Weiner moved to withdraw the bill, the bill being requested by McBride, Dale Clarion, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-448

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 OL zoning for property located at 602 33rd Avenue North, at the northeast corner of Trevor Street and 33rd Avenue North (0.49 acres), all of which is described herein (Proposal No. 2013Z-015PR-001). Ms. Langster 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. BL2013-448

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 OR20 zoning for property located at 602 33rd Avenue North, at the northeast corner of Trevor Street and 33rd Avenue North (0.49 acres), all of which is described herein (Proposal No. 2013Z-015PR-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. BL2013-449

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 RS5 to SP zoning for properties located at 904 Chicamauga Avenue and 941 W. Eastland Avenue, approximately 125 feet east of McFerrin Avenue (0.34 acres), to permit a mixture of uses including restaurant (full service), retail, office and personal care services uses in addition to single and two family residential, all of which is described herein (Proposal No. 2013SP-014-001). 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.

BILL NO. BL2013-450

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 preliminary plan for a portion of the Woodbury Planned Unit Development Overlay District located at Woodbury Falls Drive (unnumbered), approximately 460 feet west of Old Hickory Boulevard, zoned R15 (7.96 acres), to permit 19 single-family lots where 11 single-family lots were previously approved, all of which is described herein (Proposal No. 97P-027-001). 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 which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-451

An ordinance amending Section 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to professional service home businesses (Proposal No. 2013Z-010TX-001). Ms. Evans 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.

SUBSTITUE BILL NO. BL2013-451

An ordinance amending Sections 17.04.060 and 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to professional service home businesses (Proposal No. 2013Z-010TX-001). 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.

Without objection, the rules were suspended for consideration of two (2) late ordinances.

BILL NO. BL2013-452

An ordinance amending Title 8, Chapter 8.04 of the Metropolitan Code pertaining to the current fee schedule. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-453

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 and RS7.5 to SP zoning for properties located 332 and 322 54th Avenue North and 323 53rd Avenue North, approximately 400 feet south of Charlotte Avenue (3.12 acres), to permit up to 40 residential units, all of which is described herein (Proposal No. 2013SP-016-001). 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. 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 and Planning, Zoning and Historical Committee. Pursuant to Rule No. 23 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.

BILL NO. BL2013-408

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Alley No. 1800 right-of-way and easement (Proposal No. 2013M-004AB-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. Moore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-420

An ordinance amending Title 2 of the Metropolitan Code to create a small business economic development incentive grant program. The Budget and Finance Committee recommended deferment. Mr. Tygard moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-421

An ordinance amending Section 10.56.250 of the Metropolitan Code with regard to open burning. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Pardue moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-422

An ordinance amending Chapter 12.42 of the Metropolitan Code pertaining to the procedure to be followed in designating residential permit parking areas. The Traffic, Parking and Transportation Committee recommended deferment. Ms. Moore moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-423

An ordinance approving an agreement between the Metropolitan Government and the State of Tennessee concerning the exchange of certain parcels of real property (Proposal Number 2013M-011PR-001). The Budget and Finance Committee recommended deferment. Ms. Moore moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-424

An ordinance approving a lease between the Metropolitan Government, by and through the Metropolitan Nashville Public Schools, and the State of Tennessee on behalf of Nashville State Community College (Proposal No. 2013M-012PR-001). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Ms. Dowell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-425

An ordinance approving a license agreement to use Metro property for cross access by HHKW Properties, LLC (Proposal No. 2013M-009PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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. Scott Davis 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. BL2013-426

An ordinance approving the Metropolitan Government to abandon approximately nine hundred and thirty linear feet (930’) of an existing eight inch (8”) public sewer main and associated easements on properties located at 4201, 4203, and 4208 Johnstone Court, and at 3801 and 3905 Hobbs Road (Proposal No. 2013M-008ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committee. 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. BL2013-427

An ordinance approving the Metropolitan Government to abandon a public utility and drainage easement that was previously retained by Council Ordinance 095-078, within a portion of the former right-of-way of Alley #1706, on property located at 2708 Wortham Avenue (Proposal No. 2013M-007ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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. BL2013-428

An ordinance approving the Metropolitan Government to abandon approximately one hundred fifteen (115) linear feet of an existing eight (8) inch public sewer main and easements and to accept approximately ninety-four (94) linear feet of an eight (8) inch public sewer main on property located at 1 Burton Hills Boulevard (Proposal No. 2013M-009ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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. BL2013-429

An ordinance approving the Metropolitan Government to abandon approximately eighty-five (85) linear feet of an existing eight (8) inch public sewer main and easements and to accept approximately seventy-two (72) linear feet of an eight (8) inch public sewer main on property located at 100 Foothill Court (Proposal No. 2013M-011ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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. BL2013-430

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 28th Avenue North right-of-way (Proposal No. 2013M-008AB-001). The bill was approved by the Planning Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on second reading and re-refer the bill to the Traffic, Parking and Transportation Committee, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE 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 an 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 and the Planning, Zoning and Historical Committee. Ms. Barry moved to defer the bill indefinitely, 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). 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. BL2013-370

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 4th Avenue North and 5th Avenue North, between Garfield Street and I-65 (26.16 acres), all of which is described herein (Proposal No. 2013NHC-001-002). 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 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, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2013-404

An ordinance providing the honorary designation of “Frank Rudy Memorial Road” for a portion of Music Valley Drive. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2013-405

An ordinance approving a Sublease Agreement by and between the Metropolitan Government of Nashville and Davidson County and STEM Preparatory Academy (Proposal No. 2013M-008PR-001). The bill was approved by the Planning Commission, Budget and Finance, Education 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, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2013-406

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, and the Metropolitan Development and Housing Agency for a portion of The Bridge Building (Proposal No. 2013M-007PR-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, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2013-407

An ordinance approving and authorizing the Director of Public Property, or his designee, to accept the donation of real property (known as Map 142 part of Parcel 322 and all of Map 143 Parcel 70) from CRLP Bellevue, LLC and Colonial Properties, Inc., respectively, for use as part of the parks system (Proposal No. 2013M-005PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation 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, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2013-409

An ordinance approving the Metropolitan Government to abandon approximately one thousand three hundred twenty (1,320) feet of an eight (8) inch sewer main and the associated public utility easement on property located at 2014 Bernard Circle (Proposal No. 2013M-004ES-001). The bill was approved by the Planning Commission, Public Works 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, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2013-665

A resolution establishing a Residential Caucus to actively address municipal issues of the resident citizens of Metropolitan Nashville and Davidson County. The Rules-Confirmations-Public Elections Committee recommended indefinite deferment. Mr. Stanley moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.


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