Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, November 19, 2013


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

The invocation was offered by Pastor Preston Sharp of Sacrament 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, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd and Mitchell (38); Absent: Pardue, Duvall, Neighbors (3).

President Pro Tempore Harmon presided in the absence of Ms. Neighbors.

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

- PROPOSED RULES AMENDMENT -

The following proposed amendment to the Rules of Procedure of the Metropolitan Council was distributed and will be considered at the next regular meeting of Council:

Rule 47 of the 2011-2015 Rules of Procedure of the Council, as amended, be amended by deleting the last sentence in its entirety and substituting with the following:

“If the Metropolitan Clerk is directed to send a copy of a nonbinding memorializing resolution to an individual, group of individuals, department, or agency upon adoption of the resolution, and if such resolution does not receive a unanimous affirmative vote of the Members of Council present at the meeting at which the resolution is considered, then the Clerk shall transmit a copy of the actual Council vote along with the copy of the resolution.”

- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Reappointment of Mr. Randy Hendricks for a term expiring November 5, 2013. 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.

Auditorium Commission
Appointment of Mr. Blake McDaniel for a term expiring June 30, 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.

Convention Center Authority
Reappointment of Mr. Marty Dickens for a term expiring September 30, 2016. At the request of the nominee, the confirmation was deferred to December 17, 2013.

Employee Benefit Board Study and Formulating Committee
Appointment of Mr. Glen Farner. 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.

Appointment of Ms. Lucia Folk. 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.

Appointment of Ms. Debra Grimes. 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.

Appointment of Ms. Ivanetta Davis Samuels. 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.

Appointment of Mr. Michael D. Shmerling. 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.

Fair Board
Appointment of Ms. Jessica Patrick for a term expiring April 6, 2016. Ms. Patrick will fill the unexpired term of Ms. Gayle Ray. 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.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-903

A resolution exempting Frothy Monkey located at 2509 12th Avenue South from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. Ms. Allen requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the resolution and no one came forward to be heard. The President declared the public hearing closed. Ms. Allen moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2013-906

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to subsidize the Emergency Management Program. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2013-907

A resolution accepting a grant from the State of Tennessee, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to purchase computers for use by library patrons and staff. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2013-908

A resolution approving Amendment One to a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Mars Petcare US, Inc. to provide food for animals in Metro Animal Care and Control and to promote adoption efforts for those animals. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-909

A resolution approving Amendment Two to a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University, by and through its Medical Center POD, to provide licensed medical employees and other licensed medical professionals specified by the Worksite POD with mass prophylaxis for distribution in the event of a public health emergency. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2013-910

A resolution approving an agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to provide Vanderbilt residents and clinical fellows experience and training in the Tuberculosis Elimination Program. The resolution was approved by the Health, Hospitals and Social Services Committee.

RESOLUTION NO. RS2013-911

A resolution approving Amendment One to a clinical affiliation agreement by and 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 experience opportunities to appropriate students. The resolution was approved by the Health, Hospitals and Social Services Committee.

RESOLUTION NO. RS2013-912

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09F141DSLWK14). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2013-913

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare adults for re-entry into the labor force (LW09F141ADULT14). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2013-914

A resolution authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Departments of Water and Sewerage Services and Public Works, to participate in a project with the Electric Power Board of the Metropolitan Government of Nashville and Davidson County for repair of approximately 500 feet of eroded pond bank along Great Circle Road in Nashville for the protection of the roadway and utilities within the public right-of-way. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2013-915

A resolution setting a public hearing for a proposed amendment to the Phillips Jackson Street Redevelopment Plan. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-916

A resolution recognizing BURNT’s 25th Anniversary. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2013-917

A resolution recognizing local Davidson County small businesses and merchants and proclaiming Saturday, November 30, 2013, as Small Business Saturday. 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, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2013-904

A resolution to provide compensation for special judges presiding in Davidson County General Sessions Court. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded. Mr. Mitchell moved to defer the resolution to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2013-905

A resolution accepting a grant from the State of Tennessee, Department of State, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Election Commission, for the purchase of a computer, printer, and software. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded. Mr. Maynard moved to defer the resolution to the second meeting in December, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2013-918

A resolution appropriating Ten Million Dollars ($10,000,000) from the undesignated fund balance of the General Fund of the General Services District to the Metropolitan Government Pension Fund for the purpose of reducing the Metropolitan Government’s unfunded pension liability. The resolution was disapproved by the Budget and Finance Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded. Mr. Steine moved to table the motion to adopt, which motion was seconded and passed by a roll call vote. Mr. Steine moved to disapprove the resolution, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-591

An ordinance amending Chapter 10.20 of the Metropolitan Code. 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. BL2013-592

An ordinance amending Section 7.08.140 of the Metropolitan Code to allow weekend beer deliveries for special events. 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.

Without objection Bill Nos. BL2013-593, BL2013-594 and BL2013-595 were considered together.

BILL NO. BL2013-593

An ordinance approving the issuance of one or more series of Public Improvement Revenue Bonds (Ballpark Project) by The Sports Authority of The Metropolitan Government of Nashville and Davidson County; authorizing the Metropolitan Government's execution and delivery of a trust indenture relating to said bonds; authorizing the Metropolitan Government's execution and delivery of an intergovernmental agreement relating to said bonds and development of the ballpark; authorizing the pledge of certain of the Metropolitan Government's revenues as security for the bonds; and authorizing an official statement to be distributed in connection with the sale of the bonds.

BILL NO. BL2013-594

An ordinance approving agreements for the acquisition and disposition of real property relating to the construction of a minor league baseball stadium and acquisition of a parcel of property comprising a portion of the campus of the former Tennessee Preparatory School (Proposal No. 2013M-043PR-001).

BILL NO. BL2013-595

An ordinance approving Amendment No. 5 to the Phillips-Jackson Street Redevelopment Plan.

Ms. Gilmore moved to pass the bills on first reading, which motion was seconded. Mr. Tygard moved to defer the bills to the second meeting in December, 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. BL2013-593 is referred to the Budget and Finance Committee; BL2013-594 is referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees; BL2013-595 is referred to the Planning Commission, Budget and Finance, Federal Grants Review and Planning, Zoning and Historical Committees.

BILL NO. BL2013-596

An ordinance authorizing the Director of Public Property, or his designee, to accept, execute and record a deed from Wilson Bank and Trust to The Metropolitan Government of Nashville and Davidson County for certain parcel of property (known as Map 062-01 Parcel 17), for use as part of the Cumberland River Greenway system (Proposal No.2013M-042PR-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. BL2013-597

An ordinance authorizing the acquisition of certain right-of-way, slope, and temporary construction easements and property rights on a portion of 32 parcels located between 4th Avenue South and 8th Avenue South, by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2013-R-12A, Division Street Extension Phase 1 Right-of-Way Acquisition (Proposal No. 2013M-041PR-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. BL2013-598

An ordinance approving and accepting a contribution in the amount of $60,000 from The RESIDENTIAL GROUP via WEV, LLC for signal improvements at the intersection of 31st Avenue North and Long Boulevard. 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. BL2013-599

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. 114 right-of-way and easement (Proposal No. 2013M-013AB-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. BL2013-600

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County and the Geographic Information Systems Street and Alley Centerline Layer, (Proposal Number 2013M-003OT-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. BL2013-601

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 July 2, 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. BL2013-602

An ordinance to amend Title 17 of the Metropolitan Code, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to RS30 zoning various properties located on Esteswood Drive, north of Trimble Road and west of Estes Road (19.6 acres), all of which is described herein (Proposal No. 2013Z-050PR-001). Mr. Todd 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.

- 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 approved the bill with an amendment. Mr. Bedne offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Bedne 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. BL2013-576

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. Mr. Steine 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. BL2013-576

An ordinance amending Chapter 5.04 of the Metropolitan Code to authorize 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. The bill was approved by the Budget and Finance Committee. Mr. Steine moved to pass the bill on second reading, 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. The bill was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Jernigan moved to pass the bill on second reading, 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. The bill was approved by the Budget and Finance Committee. Mr. Tygard requested a suspension of the rules to allow a late amendment and no objection was made. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2013-579

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. 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 second reading, 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. The Public Works Committee recommended deferment. Mr. Tygard moved to defer the bill to the second meeting in December, 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, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Steine moved to pass the bill on second reading, 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). The bill was approved by the Budget and Finance and Public Works Committees. 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. BL2013-583

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, Public Works 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. BL2013-584

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, Traffic and Parking Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Ms. Gilmore 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. BL2013-560

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). Ms. Allen 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. BL2013-560

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

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. The bill was approved by the Planning, Zoning and Historical Committee. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

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. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Banks moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

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 and the Planning, Zoning and Historical Committee. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).

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. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

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 and Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

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. The Planning, Zoning and Historical Committee recommended deferment. Ms. Allen moved to defer the bill to the second meeting in December, 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 the Budget and Finance and Codes, Fair and Farmers Market Committees. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

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. Mr. Pridemore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

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, 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, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (35); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Maynard, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


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