Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, November 5, 2013


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

The invocation was offered by Pastor Enoch Fuzz of Corinthian Baptist 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, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (37); Absent: Matthews, Stites, Stanley, Evans (0).

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

- ELECTIONS AND CONFIRMATIONS -

Community Education Commission
Reappointment of Dr. Edward Hantel for a term expiring October 1, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Barry moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Sexually Oriented Business Licensing Board
Appointment of Mr. Bart Pickett for a term expiring October 10, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Barry moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Stormwater Management Committee
Appointment of Ms. Anna Maddox for a term expiring October 10, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Barry moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Transportation Licensing Commission
Reappointment of Mr. Curt Wallen for a term expiring October 10, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Barry moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Without objection RS2013-879 was taken out of order.

RESOLUTION NO. RS2013-879

A resolution honoring Ana L. Escobar for her outstanding service as Metropolitan Clerk. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

The regular order of business was resumed at this time.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2013-560

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 RM40 to SP zoning for properties located at 1708 and 1710 19th Avenue South, at the northeast corner of Belcourt Avenue and 19th Avenue South (0.44 acres), to permit up to 36 residential units, all of which is described herein (Proposal No. 2013SP-023-001). 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. BL2013-561

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 4115, 4117, and 4119 Lone Oak Road, opposite Shackleford Road (1.1 acres), to permit up to eight detached residential units, all of which is described herein (Proposal No. 2013SP-025-001). 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 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. BL2013-562

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 R40 to SP zoning for property located at 6015 Cloverland Drive and a portion of property located at 6021 Cloverland Drive, approximately 950 feet west of Edmondson Pike (7.2 acres), to permit up to 25 detached single-family residential dwelling units, all of which is described herein (Proposal No. 2013SP-028-001). The bill was approved by the Planning Commission with conditions, disapproved without. Mr. Banks requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Banks moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-563

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 CN to R6 zoning for property located at 5516 Kentucky Avenue, approximately 115 feet east of 56th Avenue North (0.21 acres), all of which is described herein (Proposal No. 2013Z-019PR-001). The bill was approved by the Planning Commission. 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 a citizen was heard in favor of passage of the bill. 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. BL2013-564

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 zoning for a portion of properties located at 7986 McCrory Lane and McCrory Lane (unnumbered), approximately 1,000 feet north of Newsom Station Road (2.45 acres), all of which is described herein (Proposal No. 2013Z-033PR-001). The bill was approved by the Planning Commission. Mr. Mitchell 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. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-565

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 MUG zoning for property located at Vantage Way (unnumbered), approximately 290 feet east of French Landing Way (11.18 acres), all of which is described herein (Proposal No. 2013Z-036PR-001). The bill was approved by the Planning Commission. Mr. Harrison requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill no one came forward to be heard. The President declared the public hearing closed. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-566

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 SP for property located at 4601 Gallatin Pike, at the northwest corner of Gallatin Pike and Broadmoor Drive, (0.68 acres), to permit a 3,200 square foot bank and all other uses and standards of the MUL-A district in case of redevelopment of the site, all of which is described herein (Proposal No. 2013SP-031-001). The bill was approved by the Planning Commission with conditions, disapproved without. Ms. Bennett 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. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-567

An ordinance to amend Table 17.12.020D and Table 17.24.230 of the Metropolitan Code, pertaining to alternative zoning districts and landscape buffer yard requirements (Proposal No. 2013Z-012TX-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. BL2013-568

An ordinance to amend Section 17.32.050 of the Metropolitan Zoning Code to prohibit LED message boards and digital display signs within the MUI, MUI-A, ORI, and MHP zoning districts (Proposal No. 2013Z-013TX-001). The bill was approved by the Planning Commission with a companion ordinance. 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 a citizen was heard in opposition to passage of the bill. The President declared the public hearing closed. Ms. Allen moved to pass the bill on second reading, which motion was seconded. Mr. Glover moved to defer the bill, which motion was seconded and failed by a voice vote of the Council. The matter recurred on the motion to pass and was adopted by a voice vote of the Council.

BILL NO. BL2013-569

An ordinance to amend Chapters 17.08 and 17.16 of the Metropolitan Zoning Code pertaining to the conditions applicable to certain automobile related uses, all of which is more specifically described herein (Proposal No. 2013Z-014TX-001). The bill was disapproved by the Planning Commission. Mr. Bedne 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. Bedne moved to defer the bill to the first meeting in January, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2013-880

A resolution appropriating certain 2013 Community Development Block Grant funds. The resolution was approved by the Budget and Finance and Federal Grants Review Committees.

RESOLUTION NO. RS2013-882

A resolution approving a grant agreement from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Children and Youth, for the provision of Title V Juvenile Justice and Delinquency Prevention and appropriating grant funds to Martha O’Bryan Center to implement an afterschool reading and graduation mentor program. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2013-883

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase a part of that real property known as Map 174-00 Parcel 6.00 for recreational use in the Mill Creek Greenway system (Proposal No. 2013M-039PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2013-885

A resolution authorizing the Director of Public Property, or his designee, to exercise options to acquire 3 flood impacted properties by purchase for use as park land (Proposal No. 2013M-031PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2013-886

A resolution approving an application for the 2013 Homeland Security Grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-887

A resolution accepting a Southeast Regional Training Center Grant 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, to continue implementing the Gang Resistance Education and Training Program (G.R.E.A.T.) to elementary and middle school students. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-888

A resolution approving a clinical affiliation agreement between the State of Tennessee, by and through Volunteer State Community College, and the Metropolitan Government of Nashville and Davidson County, by and through the Nashville Fire Department, for the participation and clinical training of students enrolled in the Emergency Medical Technician Programs of the institution. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee.

RESOLUTION NO. RS2013-889

A resolution approving a resident training agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Meharry Medical College to provide a wide range of clinical experiences to appropriate students. The resolution was approved by the Health, Hospitals and Social Services Committee.

RESOLUTION NO. RS2013-890

A resolution approving amendments one and two to the Healthy Start Initiative – Eliminating Racial/Ethnic Disparities 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 provide funding for the Healthy Start Home Visiting Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-891

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 HIV/AIDS prevention, surveillance, and sexually transmitted disease program services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-892

A resolution amending BL2013-534 to add the abandonment of approximately 158 feet of an existing sewer easement that was retained under O97-925 to abandon Alley 888 for various properties located along Cartwright Street and Charlotte Avenue (MWS Project No. 13-SL-37 and Proposal No. 2013M-036ES-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2013-893

A resolution authorizing Buckingham Management, LLC to construct and install an aerial encroachment at Alley No. 447, 20th Avenue South, and 21st Avenue South (Proposal No. 2013M-009EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2013-894

A resolution authorizing F & H Acquisition Corporation dba Tent Restaurant Operations, Inc. to construct and install an aerial encroachment at 408 Broadway for Bailey’s Sports Grille (Proposal No. 2013M-008EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2013-895

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Edward Swafford against the Metropolitan Government of Nashville and Davidson County in the amount of $17,844.64, 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. RS2013-896

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Jacquelyn and Marvin Winnett against the Metropolitan Government of Nashville and Davidson County in the amount of $51,225.00, 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. RS2013-897

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. RS2013-898

A resolution recognizing Don Klein, Chief Executive Officer of The Greater Nashville Association of Realtors, on the occasion of his retirement. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-899

A resolution recognizing and congratulating Kari Dudney on being selected the Metropolitan Nashville Public Schools 2013-2014 “Teacher of the Year” representative from Una Elementary. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-900

A resolution recognizing and congratulating Kimberly Gipper on being selected the Metropolitan Nashville Public Schools 2013-2014 “Teacher of the Year” representative from Lakeview Elementary Design Center. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-902

A resolution recognizing those associated with the Smith Springs Water Main Project. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

Having been unanimously approved by all of the appropriate Committees. Ms. Barry moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2013-881

A resolution appropriating $25,000 from the Reserve for Community Garden Program account of the General Fund of the General Services District to various schools and nonprofit organizations for community garden programs. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (33); “Noes” (0); “Abstaining” Tygard, Weiner (2).

RESOLUTION NO. RS2013-884

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real properties known as Map 069-04 Parcel Nos. 234.00, 236.00, 237.00, 238.00 and 239.00 and Map 069-08 Parcel 001.00 for recreational use in the parks system (Proposal No. 2013M-002PR-001). The resolution was approved by the Planning Commission, Planning, Zoning and Historical Committee; the Budget and Finance and Parks, Library and Recreation Committees approved the resolution with an amendment. Mr. Steine offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Steine moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2013-901

A resolution congratulating Nashville Metropolitan Transit Authority Planning Director Jim McAteer and his team for securing the federal TIGER transportation grant. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Johnson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-576

An ordinance authorizing Metropolitan Government departments, agencies, boards, and commissions to submit applications for grants that do not require a local cash match without Council consideration of the application. 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. BL2013-577

An ordinance amending Section 2.24.240 of the Metropolitan Code to require a certified appraisal for the acquisition of certain property to be maintained as open space or used for recreational purposes. 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. BL2013-578

An ordinance amending Section 5.04.070 of the Metropolitan Code pertaining to the audit requirement for nonprofit organizations receiving grants from the Metropolitan Government. 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. BL2013-579

An ordinance to amend provisions of Metropolitan Code §5.32 relating to the County Clerk’s issuance of a decal as proof of payment of the local motor vehicle regulatory license fee. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-580

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to the mailing of stormwater fee bills showing a zero balance or a credit. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-581

An ordinance authorizing the granting of permanent easements to Piedmont Natural Gas Co. on certain property owned by the Metropolitan Government (Tax Map 070-01-0 Parcel 060.00 and Tax Map 070-00-0 Parcel 037.00) (Proposal No. 2013M-043ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-582

An ordinance authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services (“METRO”), to participate with 2400 TNWESTEND Avenue, LLC (“TNWESTEND”), to provide public water service improvements for both TNWESTEND’s proposed development, as well as other existing properties in the area (Project No. 13-WL-0110). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-583

An ordinance authorizing Nashville Billiard Company, which is located at 927 8th Avenue South, to install, construct and maintain underground and aerial encroachments in the right-of-way of Archer Street (Proposal No. 2013M-007EN-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. BL2013-584

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. 515 right-of-way (Proposal No. 2013M-014AB-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. BL2013-585

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL, MUL, SP, RS10, OR20, CN and R6 to MUN-A and MUL-A zoning for various properties located along Maxey Lane, McGavock Pike, Oxford Street and Riverside Drive, between Oxford Street and Geneiva Drive (5.92 acres), all of which is described herein (Proposal No. 2013Z-034PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-586

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 Eastwood Neighborhood Conservation Overlay District to various properties located along Eastland Avenue and Scott Avenue, between Porter Road and Chapel Avenue (2.45 acres), all of which is described herein (Proposal No. 2013NHC-002-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-587

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for properties located at 4900, 4902, 4904 and 4906 Tennessee Avenue, at the northwest corner of Tennessee Avenue and 49th Avenue North (0.7 acres), to permit up to nine residential dwelling units, all of which is described herein (Proposal No. 2013SP-027-001). The bill was approved by the Planning Commission with conditions, disapproved without. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-588

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning for properties located within the Woodland-in-Waverly Historic Preservation District at 2107, 2111, and 2115 White Avenue, approximately 195 feet south of Prentice Avenue (0.57 acres), to permit up to 8 residential dwelling units, all of which is described herein (Proposal No. 2013SP-033-001). 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. BL2013-589

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning for properties located at 1505 and 1507 Porter Road and for a portion of properties located at 1516 and 1528 C Riverside Drive, approximately 200 feet south of Cahal Avenue, (1.89 acres), to permit up to 28 residential dwelling units and up to 6,000 square feet of commercial space, all of which is described herein (Proposal No. 2013SP-030-001). 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. BL2013-590

An ordinance to amend Section 17.32.050 of the Metropolitan Zoning Code to prohibit LED message boards and digital display signs within the ORI-A zoning district (Proposal No. 2013Z-013TX-002). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2013-552

An ordinance amending Section 16.24.330 of the Metropolitan Code pertaining to the parking of motor vehicles for sale on commercial property. The Codes, Fair and Farmers Market Committee recommended deferment. Mr. Harmon moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-570

An ordinance amending and restating Title 6, Chapter 6.20, Articles I and IV of the Metropolitan Code requiring electricians doing business within the area of the Metropolitan Government to be licensed, adding provisions regarding apprenticeship programs, and adding penalties and additional grounds for violations. The bill was approved by Budget and Finance and Codes, Fair and Farmers Market Committees with an amendment. Mr. Mitchell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Mitchell 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. BL2013-571

An ordinance amending Title 6, Chapter 80 of the Metropolitan Code of Laws, pertaining to operation licenses for wrecker services, by adding two new sections, 6.80.165 and 6.80.340 to provide for annual renewal of qualified licenses and biennial renewal of driver’s permits. The bill was approved by the Budget and Finance and Traffic, Parking and Transportation Committees with an amendment. Mr. Pardue offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Pardue 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. BL2013-572

An ordinance approving a lease agreement between the Metropolitan Government and Rogers/Welch Venture, Inc. (“RWVI”) relating to parking in the Metropolitan Government’s parking facility located at 151 6th Avenue North (Proposal Number 2013M-040PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Budget and Finance Committee approved the bill with an amendment. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore 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. BL2013-573

An ordinance authorizing the Director of Public Property, or his designee, to accept, execute, and record the attached quitclaim deed from Tennessee Processing Center, LLC to The Metropolitan Government of Nashville and Davidson County for a certain parcel of property located at 2604 Brick Church Pike, the acceptance of which is required for MWS Project No. 11-WC-0024 (Proposal No. 2013M-038PR-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. BL2013-574

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Birch Bark Drive Stormwater Improvement Project for three properties located at 7128 Birch Bark Drive and 0 Hicks Road (two un-numbered) (Project No. 14-SWC-034 and Proposal No. 2013M-048ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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. BL2013-575

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 160 linear feet of an existing eight inch public sewer main and easement and to accept approximately 373 linear feet of an eight inch public sewer main and easement for properties located at 1726 and 1729 Heiman Street (MWS Project No. 12-SL-73 and Proposal No. 2013M-047ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2013-526

An ordinance amending section 3.24.020 of the Metropolitan Code pertaining to the treatment of accidental injuries arising out of and in the course of employment. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0).

BILL NO. BL2013-527

An ordinance approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Concentra Health Services, Inc., for the provision of medical services to employees that have sustained an occupational injury.
The bill was approved by the Budget and Finance, Health, Hospitals and Social Services and Personnel-Public Information-Human Resources-Housing Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0).

Without objection Bill Nos. BL2013-540 and BL2013-541 were considered together.

BILL NO. BL2013-540

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 cancelling a portion of the Residential Planned Unit Development Overlay District located at Wedgewood Avenue (unnumbered), approximately 700 feet east of 12th Avenue South, zoned RM20 and proposed for RM20-A (0.32 acres), all of which is described herein (Proposal No. 2013P-001-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2013-541

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 to RM20-A zoning for property located at Wedgewood Avenue (unnumbered), approximately 700 feet east of 12th Avenue South (0.32 acres), all of which is described herein (Proposal No. 2013Z-027PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Ms. Moore moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0).

BILL NO. BL2013-546

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County and the Christine P. Nall Living Trust for the building located at 339 21st Avenue North, Nashville (Proposal No. 2013M-036PR-001).
The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0).

BILL NO. BL2013-550

An ordinance amending section Title 3 of the Metropolitan Code pertaining to earnings while an employee is on approved in-line-of-duty injury leave for purposes of disability and service pension calculations. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0).

BILL NO. BL2013-551

An ordinance amending Section 12.54.200 (A)(9) and 12.54.310 of the Metropolitan Code of Laws, pertaining to Routes for horse-drawn carriage operation, by adding the ability of Zones to be created and by delegating duties to the staff of the Traffic and Parking Commission. The bill was approved by the Public Safety-Beer and Regulated Beverages and Traffic, Parking and Transportation Committees. Mr. Pardue moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0).

BILL NO. BL2013-553

An ordinance declaring surplus and approving the disposition of a portion of the parcel of real property located at 520 McMurray Drive, commonly known as McMurray Middle School (Proposal No. 2013M-037PR-001).The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Blalock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2013-554

An ordinance declaring surplus and approving the disposition of a certain parcel of real property located at 222 Third Avenue North, commonly known as the 222 Building (Proposal No. 2013M-034PR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2013-555

An ordinance approving a lease agreement between the Metropolitan Government of Nashville and Davidson County and the Parkway Towers, LLC for office space in the Parkway Towers, 404 James Robertson Parkway, for use by several Metro agencies (Proposal No. 2013M-033PR-001). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2013-556

An ordinance authorizing the exchange of vacant property for the purpose of acquiring land for recreational use by the Metropolitan Government (Proposal No. 2013M-035PR-01). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2013-557

An ordinance approving a Memorandum of Understanding between UCLA School of Law, Gideon’s Promise, the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Public Defender’s Office, and additional Partner Offices, for the Law School Partnership Project. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Moore, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2013-558

An ordinance approving a donation agreement and accepting the donation of an artwork to the Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2013-559

An ordinance providing the honorary designation of “Mario Ferrari Way” for Lyle Avenue. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Claiborne, Tenpenny, Moore, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


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