Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, August 6, 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 Charlie Tygard.

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

The roll was called and the following members were present during the progress of the meeting: Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stanley, Stites, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (35); Absent: Pridemore, Jernigan, Claiborne, Evans, McGuire, Johnson (6).

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

Vice Mayor Neighbors announced that the election of a President Pro Tempore and Chairs of the Traffic, Parking and Transportation and Planning, Zoning and Historical Committees will be held at the next meeting of the Council.

- PROPOSED RULES AMENDMENT -

The Rules-Confirmations-Public Elections Committee recommended disapproval of the following proposed amendment to the Rules of Procedure of the Metropolitan Council.

Rule 8 of the 2011-2015 Rules of Procedure of the Council, as amended, be amended by adding the following provision at the end of the second paragraph:

“For purposes of this rule, legislation concerning property that was the subject matter of a countywide referendum shall not be considered as affecting only one district.”

Mr. Duvall moved to withdraw the amendment, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Community Corrections Advisory Board
Reappointment of Ms. Martesha Johnson for a term expiring August 30, 2014. 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.

Board of Equalization

Appointment of Mr. Parker Toler for a term expiring April 1, 2014. 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.

Metropolitan Tourism & Convention Commission

Appointment of Mr. Randy Miller for a term expiring June 30, 2016. At the request of the nominee, the confirmation was deferred.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2013-489

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 Murfreesboro Road Urban Design Overlay to various properties located along Anderson Road, Bell Road, Forest View Drive, Hamilton Church Road, Hamilton Crossings, Hobson Pike, Hurricane Creek Boulevard, Logistics Way, Maxwell Road, Morris Gentry Boulevard, Mountain Springs Road, Mt. View Circle, Mt. View Road, Murfreesboro Pike, Old Hickory Boulevard, Parks Retreat Drive, Pin Hook Road, Rural Hill Road and Summercrest Boulevard, (1,304.49 acres), all of which is described herein (Proposal No. 2013UD-002-001). The bill was approved by the Planning Commission. Ms. Dowell 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. 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. BL2013-490

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 zoning for various properties located along Anton Drive, Creekside Drive, East Ridge Drive, Haywood Lane, Keeley Drive, Locustwood Drive, Packard Drive and West Valley Drive, between Haywood Lane and Packard Drive, (130.74 acres), all of which is described herein (Proposal No. 2013Z-026PR-001). The bill was approved by the Planning Commission. Mr. Potts 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. Potts moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-491

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

BILL NO. BL2013-492

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 Blakemore Primitive Baptist Specific Plan District for property located at 2411 B Blakemore Avenue, approximately 330 feet west of 24th Avenue South, (0.2 acres), to construct a roof over an outdoor terrace along Blakemore Avenue and to modify conditions in the original SP approval pertaining to outdoor music, hours of operation, the allowance of outdoor events, and notice to Metro Nashville Public Schools and Metro Parks and Recreation regarding event dates, all of which is described herein (Proposal No. 2009SP-021-003). The bill was approved by the Planning Commission with conditions, disapproved without. Ms. Allen 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. Ms. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-493

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 RS7.5 to R6 zoning for property located at 3533 Brick Church Pike, approximately 685 feet north of Westchester Drive (0.2 acres), all of which is described herein (Proposal No. 2013Z-016PR-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 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. BL2013-494

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 MUN-A zoning for properties located at 1916, 1918, 1920, 2000, 2002, 2004 and 2006 Eastland Avenue, opposite Scott Avenue (0.98 acres), all of which is described herein (Proposal No. 2012Z-028PR-001). The bill was approved by the Planning Commission. 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Westerholm moved to defer the bill indefinitely, the bill being requested by Phillip Willis, Marissa Tortora, Christopher & Julie Morris, William Morris, Amy Lynn Burch, Jeffrey & Mary Catherine Pernell, Normand Parenteau & Ruby Cook, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-495

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 OR20-A zoning for property located at 813 19th Avenue North, at the southwest corner of Herman Street and 19th Avenue North (0.18 acres), all of which is described herein (Proposal No. 2013Z-024PR-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 no one came forward to be heard. The President declared the public hearing closed. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-496

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 to MUL zoning for property located at 270 Venture Circle, approximately 420 feet east of Athens Way (2.17 acres), all of which is described herein (Proposal No. 2013Z-020PR-001). The bill was approved by the Planning Commission. 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. BL2013-497

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 MUG zoning for property located at 4235 Murfreesboro Pike, approximately 1,600 feet south of Hurricane Creek Boulevard and partially located within the Floodplain Overlay District (12.24 acres), all of which is described herein (Proposal No. 2013Z-025PR-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 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. BL2013-491

In the absence of the sponsor, the bill was deferred to the September public hearing without objection.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2013-786

A resolution authorizing the execution and delivery of the second amendment to the amended and restated intergovernmental project agreement with the Sports Authority of the Metropolitan Government of Nashville and Davidson County related to the Nashville Arena. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees.

RESOLUTION NO. RS2013-787

A resolution approving the execution and delivery of an intergovernmental project agreement by and between the Metropolitan Government of Nashville and Davidson County and the Sports Authority of the Metropolitan Government of Nashville and Davidson County for the construction of a new hockey facility. The resolution was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees.

RESOLUTION NO. RS2013-788

A resolution approving an application for the Edward Byrne Memorial Justice Assistance Grant (JAG) from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for equipment and supplies for direct support for basic police, in-service, or specialized training. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-789

A resolution accepting a JAG Family Justice Center grant from the State of Tennessee, Office of Criminal Justice Programs, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Mayor’s Office, for a site coordinator to provide assistance with planning, developing, and establishing a Family Justice Center in Davidson County. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-790

A resolution accepting a grant from the State of Tennessee, Department of Mental Health and Substance Abuse Services, to The Metropolitan Government of Nashville and Davidson County for the State Trial Courts’ residential drug court treatment program.
The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-791

A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County for the provision of interpreter services for defendants with limited English proficiency who have been found to be indigent. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-792

A resolution accepting a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide homemaker services to eligible customers. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-793

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 a TENNderCare community outreach plan for Early, Periodic, Screening, Diagnosis, and Treatment (EPSDT) of enrolled children, including a new Welcome Baby Project. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-794

A resolution approving Amendment Three to a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines at congregate meal sites, meal delivery services, and transportation to eligible seniors and handicapped residents. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-795

A resolution approving Amendment One to 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 school based oral disease prevention services to those children who qualify for TennCare. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-796

A resolution approving Amendment One to a grant from the U.S. Department of Health and Human Services to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV disease. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-797

A resolution approving Amendment Four to the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to establish responsibilities in complying with the Tuberculosis Trials Consortium. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-799

A resolution approving a clinical experience agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the University of Tennessee to provide clinical experience opportunities to students enrolled in various health professions. The resolution was approved by the Health, Hospitals and Social Services Committee.

RESOLUTION NO. RS2013-800

A resolution accepting certain incomplete infrastructure and property interests located in Fields of Brick Church, Subdivision No. 2004s-066G-02, pursuant to Chapter 10.90 to 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. RS2013-801

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

RESOLUTION NO. RS2013-802

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 091-10-0 Parcel 360.00) for the use and benefit of the Metropolitan Department of Parks and Recreation (Proposal No. 2013M-0¬¬¬¬28PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2013-804

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Les “Bud” Buckner against the Metropolitan Government of Nashville and Davidson County in the amount of $50,000, and that said amount be paid out of the Judgments & Losses Fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-805

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. RS2013-806

A resolution recognizing Mount Lebanon Missionary Baptist Church on their 150th anniversary. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-807

A resolution recognizing the installation of a bench in Riverfront Park in memory of Tara Cole as a reminder of the senseless violent acts against homeless persons in Nashville. The resolution was approved by the Parks, Library and Recreation Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Anthony Davis moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stanley, Stites, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Mitchell (33); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2013-785

A resolution authorizing the submission of a Foreign-Trade Subzone Application by DHL and approving an agreement between The Metropolitan Government and DHL for the operation of a Foreign-Trade Subzone. 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. RS2013-785

A resolution authorizing the submission of a Foreign-Trade Zone Application by DHL and approving an agreement between The Metropolitan Government and DHL for the operation of a Foreign-Trade general purpose zone. 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, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stanley, Stites, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Mitchell (33); “Noes” (0).

RESOLUTION NO. RS2013-798

A resolution approving a clinical experience agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Tennessee State University to provide clinical experience opportunities to students enrolled in the Master of Public Health Program. The Health, Hospitals and Social Services Committee recommended indefinite deferment. Ms. Weiner moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2013-803

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 119-07-0 Parcels 045.00 and 046.00) for the use and benefit of the Metropolitan Department of Parks and Recreation (Proposal No. 2013M-029PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Tenpenny moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

At this time Councilman Holleman requested a suspension of the rules to rescind the action previously taken on BILL No. BL2013-491 and no objection was made. Mr. Holleman moved to rescind the previous action taken to defer the bill to the September public hearing, which motion was second and adopted by a voice vote of the Council.

BILL NO. BL2013-491

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 IR to MUL-A zoning for property located at 4111 Charlotte Avenue, at the southeast corner of Charlotte Avenue and 42nd Avenue North (0.81 acres), all of which is described herein (Proposal No. 2013Z-022PR-001). The bill was approved by the Planning Commission. 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.

- BILLS ON INTRODUCTION AND FIRST READING -

Without objection Bill Nos. BL2013-513 and BL2013-514 were considered together.

BILL NO. BL2013-513

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from MUG, CS, CL, OR20, RS5, R6, OL, SP, RS10, and RS7.5 to MUG-A, MUL-A, and OR20-A zoning for various properties and a portion of property located along Gallatin Avenue, Gallatin Pike and Main Street between South 5th Street and Briley Parkway, (approximately 213.96 acres), all of which is described herein (Proposal No. 2013Z-028PR-001).

BILL NO. BL2013-514

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 Gallatin Pike Urban Design Overlay to various properties and a portion of property located along Gallatin Avenue, Gallatin Pike and Main Street, between South 5th Street and Briley Parkway (213.96 acres), all of which is described herein (Proposal No. 2013UD-003-001).

Mr. Anthony Davis moved to pass the bills on first reading, which motion was seconded. Mr. Scott Davis moved to defer the bills, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to pass and was adopted by a voice vote of the Council. The bills were referred to the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2013-515

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 Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres) and located within the Floodplain Overlay District, to permit a rural resort with lodging for up to 140 rooms, all of which is described herein (Proposal No. 2009SP-022-007). 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. BL2013-516

A request to amend Sections 17.40.105 and 17.40.106 of the Metropolitan Zoning Code pertaining to Specific Plan Districts (Proposal No. 2013Z-011TX-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. BL2013-517

An ordinance amending Title 2 of the Metropolitan Code pertaining to the use of diversified business enterprises and participation in the Metropolitan Government Workforce Development Program by recipients of economic development incentives. 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. BL2013-518

An ordinance approving the execution and delivery of a ground lease by and between the Metropolitan Government of Nashville and Davidson County and the Sports Authority of the Metropolitan Government of Nashville and Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Budget and Finance Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-519

An ordinance approving a construction agreement with CSX Transportation, Inc. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Parks, Library and Recreation Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-520

An ordinance authorizing the Director of Public Property to accept and record an easement in favor of the Metropolitan Government on parcels of property for use in the Mill Creek Greenway system (Proposal No. 2013M-037ES-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, 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. BL2013-521

An ordinance authorizing the Director of Public Property to accept and record an easement in favor of the Metropolitan Government on a parcel of property for use in the Whites Creek Greenway system (Proposal No. 2013M-038ES-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, 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. BL2013-522

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the Windemere Drive Stormwater Improvement Project for three properties located at 2740, 2744, and 2748 Windemere Drive (Project No. 13-SWC-200 and Proposal No. 2013M-033ES-001). The bill was approved by Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committee.

- BILLS ON SECOND READING -

BILL NO. BL2013-508

An ordinance amending Section 2.222.040 of the Metropolitan Code pertaining to the procedures for the submission of complaints alleging violations of the standards of conduct. The bill was approved by the Rules-Confirmations-Public Elections- Committee. Mr. Anthony Davis moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-509

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled Exhibits A-H and described below (Proposal No. 2013M-016PR-001). The bill was approved by the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees. 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. BL2013-510

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Hydes Ferry Road Stormwater Improvement Project for 21 properties located along Ashton Avenue, Elizabeth Road, Hydes Ferry Road, and John Mallette Drive (Project No. 13-SWC-197 and Proposal No. 2013M-030ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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. BL2013-511

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately two hundred eighteen feet (218) linear feet of an existing thirty-six (36) inch storm water pipe and (contingent upon the installation of a new storm water pipe and easement) for property located at 465 Donelson Pike (Proposal No. 2013M-032ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-512

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Old Matthews Road Stormwater Improvement Project on eight (8) properties located along Old Matthews Road, Brick Church Pike, and Gwynnwood Road (Project No.13-SWC-155 and Proposal No. 2013M-031ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2012-103

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 RM6 to SP zoning for property located at Franklin Limestone Road (unnumbered), approximately 1,725 feet east of Antioch Pike (40.18 acres), and within the Floodplain Overlay District, to an asphalt plant and associated uses including temporary mineral extraction allowing blasting and crushing of stone for sale/transfer from the site during site preparation for asphalt plant, all of which is described herein (Proposal No. 2012SP-002-001). The bill was approved by the Planning Commission. Pursuant to Rule No. 23, Mr. Dominy moved to defer the bill, the bill being requested by Snyder Engineering, 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; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Tenpenny moved to defer the bill two meetings, the bill being requested by Snyder Engineering, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-469

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 RS7.5 and CN to SP zoning for properties located at 132 and 134 46th Avenue North, at the southeast corner of Utah Avenue and 46th Avenue North (.54 acres), to permit up to three single-family residential units and an office, restaurant, and/or retail uses, all of which is described herein (Proposal No. 2013SP-012-001). The bill was approved by the Planning Commission with conditions, disapproved without all conditions. The Planning, Zoning and Historical Committee recommended deferment. Mr. Holleman requested a suspension of the rules to allow the bill to be heard and no objection was made. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (30); “Noes” (0).

SUBSTITUTE BILL NO. BL2013-476

An ordinance amending Chapter 6.81 of the Metropolitan Code pertaining to regulation of booting services. The bill was approved by the Traffic, Parking and Transportation Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (30); “Noes” (0).

BILL NO. BL2013-498

An ordinance amending Title 2 of the Metropolitan Code to establish a Community Garden Grant Program. The bill was approved by the Budget and Finance and Education Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (30); “Noes” (0).

BILL NO. BL2013-499

An ordinance amending Section 2.160.020 of the Metropolitan Code pertaining to the membership composition of the Community Education Commission. The bill was approved by the Education Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (30); “Noes” (0).

SUBSTITUTE BILL NO. BL2013-500

An ordinance amending Section Chapter 7.20 of the Metropolitan Code to allow beer distributors to have more than one place of business within the area of the Metropolitan Government under certain circumstances. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (30); “Noes” (0).

BILL NO. BL2013-501

An ordinance naming Fire Station No. 9 in honor of Robert “Bobby” Glenn Connelly. The bill was approved by the Public Safety-Beer and Regulated Beverages and Rules-Confirmations-Public Elections Committees. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (30); “Noes” (0).

SUBSTITUTE BILL NO. BL2013-502

An ordinance relinquishing the Metropolitan Government’s further interest in a building and parcel of property formerly used as the Metropolitan Nashville Police Department’s West Nashville Precinct station and granting a sewer easement on an adjacent tract. (Proposal Number 2013M-023PR-002). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (30); “Noes” (0).

BILL NO. BL2013-503

An ordinance approving an agreement between the Metropolitan Government and Global Mall Partnership concerning the exchange of certain parcels of real property (Proposal Number 2013M-017PR-001). The bill was approved by the Planning Commission, Budget and Finance, Parks and Planning, Zoning and Historical Committees. Ms. Dowell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2013-504

An ordinance authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, to participate with BATTELLE MEMORIAL INSTITUTE to investigate the performance of sewer rehabilitation liners (Project Number 13-SG-0044). The bill was approved by the Budget and Finance and Public Works Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2013-505

An ordinance authorizing the acquisition of certain right-of-way easements, temporary construction easements, or other property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2013-R-2, intersection improvements for Riverside Drive and McGavock Pike (Proposal No. 2013M-015PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Anthony Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2013-506

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon easement rights that were previously retained by Council Bill BL082-1047 within a portion of the former right of way of 50th Avenue North on property located at 4915 Louisiana Avenue (Proposal No. 2013M-029ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2013-507

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 150 linear feet of a 15 inch public sewer main, approximately 235 feet of an eight inch public sewer main (to remain in place), approximately 1,990 feet of a ten inch public sewer main (to be removed), and approximately 930 feet of a six inch public water main (to be removed), and to abandon all associated easements, and to accept 168 feet of an eight inch DIP public water main and 1,468 feet of a 33 inch CCRFRM public combined sewer main on property located at 2500 Charlotte Avenue for the Lentz Public Health Center (Project Nos. 12-SL-37 and 12-WL-43 and Proposal No. 2012M-029ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pardue, Glover, Stanley, Stites, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


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