Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, March 18, 2014


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 Phil Claiborne.

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, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (33); Absent: Garrett, Anthony Davis, Stites, Stanley, Evans, McGuire, Dominy (7).

The Minutes of the regular meeting of March 4, 2014, were approved.

- ELECTIONS AND CONFIRMATIONS -

Fire and Building Code Appeals Board
Reappointment of Mr. Thomas Lipscomb, Jr. for a term expiring March 1, 2018. At the request of the nominee, the confirmation was deferred.

Reappointment of Mr. John Olert for a term expiring March 1, 2018. 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.

Board of Zoning Appeals
Reappointment of Mr. David Ewing for a term expiring February 26, 2019. 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.

Reappointment of Mr. David Harper for a term expiring February 26, 2019. 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.

Reappointment of Mr. Richard King for a term expiring February 26, 2019. 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.

- BILL ON PUBLIC HEARING -

BILL NO. BL2014-699

An ordinance approving Amendment No. 5 to the Arts Center Redevelopment Plan, Amendment No. 10 to the Capitol Mall Redevelopment Project Plan, Amendment No. 1 to the Jefferson Street Redevelopment Plan, and Amendment No. 7 to the Rutledge Hill Redevelopment Plan (Proposal No. 2014M-001OT-001). The bill was approved by the Planning Commission, Budget and Finance, Planning, Zoning and Historical Committees. Ms. Gilmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2014-1015

A resolution calling the Metropolitan Board of Equalization ( “MBOE”) into Regular session beginning June 2, 2014, and special session beginning June 23, 2014. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2014-1016

A resolution to approve the third amendment to the lease agreement between The Metropolitan Government and Square Investment Holdings, LP for office space in the Washington Square Building located at 222 Second Avenue North (Proposal No. 2014M-003PR-001). The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2014-1017

A resolution accepting a grant to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Nashville Fire Department to purchase animal oxygen masks. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2014-1018

A resolution approving a Letter of Agreement for Special Needs Funding (Tobacco Settlement) 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 fund various programs addressing family tobacco use. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2014-1019

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 tobacco use prevention services to Davidson County residents. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2014-1020

A resolution approving Amendments Two and Three 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. RS2014-1021

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 Chronic Disease Management and School Health Promotion Services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2014-1022

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, for the provision of immunization program activities and staffing to monitor and assess the delivery of immunization services by providers in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2014-1023

A resolution approving an amendment to the contract, approved by BL2003-1365, for services by and between the United States Department of the Army and the Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, for the Mill Creek Watershed Feasibility Study in Davidson County, Tennessee, and authorizing all necessary officials to execute the same. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2014-1024

A resolution classifying public roads in Davidson County, Tennessee. The resolution was approved by the Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2014-1025

A resolution authorizing TC Restaurant Group, dba Luigi’s City Pizza, to construct and install an aerial encroachment at 305 Broadway (Proposal No. 2013M-012EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2014-1026

A resolution authorizing Premier Parking of Tennessee, LLC dba White Front Garage Partners, to construct and install an aerial encroachment at 207 2nd Avenue North (Proposal No. 2014M-001EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2014-1027

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Brandii Brown against the Metropolitan Government of Nashville and Davidson County in the amount of $13,400.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance 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, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

- RESOLUTIONS -

SUBSTITUTE RESOLUTION NO. RS2014-948

A resolution appropriating Four Million Three Hundred Thousand Dollars ($4,300,000) from the Undesignated Fund Balance of the Metropolitan Nashville Public Schools General Purpose Fund for the benefit of Metropolitan Nashville Public Schools. The resolution was approved by the Education Committee; the Budget and Finance Committee recommended deferment. Mr. Mitchell moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2014-1028

A resolution recognizing Metro Transit Authority CEO Paul J. Ballard for his outstanding service. 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, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

RESOLUTION NO. RS2014-1029

A resolution requesting the State of Tennessee to offer driver license examinations in Arabic. The Rules-Confirmations-Public Elections Committee recommended deferment. Ms. Johnson moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

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

RESOLUTION NO. RS2014-1030

A resolution supporting HB2276/SB2413 to require landlords registering in Davidson County to provide a physical address to the Codes Department, and to notify the department of a change in physical address or ownership. The resolution was approved by the Codes, Fair and Farmers Market Committee. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (31); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2014-716

An ordinance authorizing the Director of Public Property, or his designee, to accept and record the attached quitclaim deed from the Metropolitan Transit Authority conveying to The Metropolitan Government any remaining interest it may still have in a certain parcel of property located within the old Thermal Transfer property site (Proposal No. 2014M-008PR-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 Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2014-717

An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Arts Commission, and the Country Music Foundation, Inc. to use The Country Music Hall of Fame and Museum for an event during the Americans for the Arts 2014 Annual Convention; and, authorizing the execution of the same. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2014-718

An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Arts Commission, and the Frist Center for the Visual Arts to use the Frist Center for an event during the Americans for the Arts 2014 Annual Convention; and, authorizing the execution of the same. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2014-719

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the Pasquo Road Stormwater Improvement Project for three properties located at 441 Union Bridge Road, 5954 Pasquo Road, and Pasquo Road (Unnumbered), (Project No. 14-SWC-109 and Proposal No. 2014M-007ES-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 by a voice vote of the Council.

BILL NO. BL2014-720

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 250 linear feet of eight inch public sanitary sewer main, approximately 450 linear feet of 10 inch public water main, and any easement rights that may be associated with the abandonment of the former right-of-way of Nance Avenue for property located at 115 Middleton Street (Proposal No. 2014M-008ES-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 by a voice vote of the Council.

BILL NO. BL2014-721

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon retained easement rights in former Alley #1200 (closed via Council Ordinance O64-380) for properties located at 4507, 4509, and 4511 Alabama Avenue and at 4506 and 4508 Charlotte Avenue (Proposal No. 2014M-006ES-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 by a voice vote of the Council.

BILL NO. BL2014-722

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Lemont Drive Stormwater Improvement Project for three properties located at 315 Broadmoor Drive, and at 513 and 517 Lemont Drive (Project No. 14-SWC-132 and Proposal No. 2014M-011ES-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 by a voice vote of the Council.

BILL NO. BL2014-723

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon the public sewer main easement (public main no longer in service) as of record in Book 1854, Page 200, for property located at 930 8th Avenue South (Proposal No. 2014M-004ES-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 by a voice vote of the Council.

BILL NO. BL2014-724

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the East Thompson Lane Stormwater Improvement Project for five properties located at 325, 327, and 329 East Thompson Lane, and at 318 and 320 Wimpole Lane, (Project No. 14-SWC-143) and Proposal No. 2014M-012ES-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 by a voice vote of the Council.

BILL NO. BL2014-725

An ordinance amending Section 17.12.030 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the calculation of required street setbacks for residential areas with an established development pattern (Proposal No. 2014Z-011TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2014-685

An ordinance to amend Section 17.40.730 of the Metropolitan Zoning Code to modify the general requirements of public notice signs (Proposal No. 2014Z-006TX-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Hunt requested a suspension of the rules to allow the bill to be heard and no objection was made. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and after discussion, was adopted by a voice vote of the Council.

BILL NO. BL2014-695

An ordinance naming the Shelby Street pedestrian bridge in honor of John Seigenthaler. The bill was approved by the 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. BL2014-696

An ordinance amending Chapter 5.04 of the Metropolitan Code to require the Director of Finance to submit an annual debt report to the Metropolitan Council. The Budget and Finance Committee recommended deferment. Mr. Claiborne moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-697

An ordinance amending Section 7.08.090 of the Metropolitan Code to exempt existing on-premises beer permit holders from the distance requirements regarding the sale of beer near school property when a new school locates within 100 feet of the existing establishment. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Blalock moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-698

An ordinance amending Section 11.32.010 of the Metropolitan Code pertaining to the enforcement mechanism associated with the discontinuance of the delivery of nonsubscription published material. Mr. Claiborne moved to defer the bill to the second meeting in May, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-700

An ordinance approving a Lease Agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Fire Department, and Southern Land Commercial Construction, LLC (Proposal No. 2014M-001PR-001). The bill was approved by the Planning Commission, Public Safety-Beer and Regulated Beverages 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. BL2014-701

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County, by changing the name of the entire length of Hermitage Park Lane, from Old Hickory Boulevard northeasterly to its terminus, to “Crosshill Way” (Proposal No. 2014M-001SR-001). The bill is referred to the Emergency Communications District Board. The bill was approved by the Planning Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Mr. Glover 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. BL2013-588

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. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2013-622

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 R15 to IWD zoning for a portion of property located at 2487 Pulley Road, approximately 1,460 feet north of Couchville Pike (5.5 acres), all of which is described herein (Proposal No. 2013Z-041PR-001).
The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Johnson moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

SECOND SUBSTITUTE BILL NO. BL2014-651

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the regulation of small outdoor music events, all of which is more specifically described herein (Proposal No. 2014Z-004TX-001). The bill was deferred by the Planning Commission. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Allen offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Allen moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

Without objection BL2014-659 was called up for consideration as the bill was mistakenly left off of the agenda.

BILL NO. BL2014-659

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 SP zoning for property located at 1200 49th Avenue North, at the northeast corner of 49th Avenue North and Tennessee Avenue, (4.18 acres), to permit up to 55 residential dwelling units, all of which is described herein (Proposal No. 2013SP-029-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

BILL NO. BL2014-673

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 a Neighborhood Landmark Overlay District to various properties located along the west side of Gallatin Pike between Virginia Avenue and Broadmoor Drive, (17.22 acres), zoned OR20-A and RS7.5, all of which is described herein (Proposal No. 2014NL-001-001). Ms. Bennett 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. BL2014-673

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 a Neighborhood Landmark Overlay District to various properties located along the west side of Gallatin Pike between Virginia Avenue and Broadmoor Drive, (17.22 acres), zoned OR20-A and RS7.5, all of which is described herein (Proposal No. 2014NL-001-001). The bill was approved by the Planning Commission and 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, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

BILL NO. BL2014-674

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 a Historic Bed & Breakfast Overlay District for property located at 754 Benton Avenue, approximately 330 feet east of 8th Avenue South (0.34 acres), zoned R6, all of which is described herein (Proposal No. 2014Z-007PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

BILL NO. BL2014-675

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 MUG zoning for property located at 30 Oldham Street, approximately 275 feet west of N. 1st Street (3.74 acres), all of which is described herein (Proposal No. 2014Z-014PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Scott Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

BILL NO. BL2014-676

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 1421 9th Avenue North, at the southwest corner of 9th Avenue North and Cheatham Place (0.14 acres), all of which is described herein (Proposal No. 2014Z-003PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

BILL NO. BL2014-677

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 MUN-A to RS10 zoning for properties located at 2212 and 2216 Riverside Drive, approximately 190 feet south of McGavock Pike (0.60 acres), all of which is described herein (Proposal No. 2014Z-015PR-001). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment. Mr. Westerholm moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-678

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 SP zoning for properties located at 1102 and 1138 3rd Avenue North and 1121 2nd Avenue North, at the northwest corner of Jefferson Street and 2nd Avenue North (2.63 Acres), to permit a mixed use development, all of which is described herein (Proposal No. 2014SP-002-001). The bill was approved by the Planning Commission, with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Potts, Bedne, Dowell, Duvall, Todd (29); “Noes” (0).

BILL NO. BL2014-679

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 RS3.75 for property located at 1310 Fatherland Street, approximately 70 feet west of South 14th Street (0.21 Acres), all of which is described herein (Proposal No. 2014Z-011PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Westerholm moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Potts, Bedne, Dowell, Duvall, Todd (29); “Noes” (0).

Without objection, Bill Nos. BL2014-680 and BL2014-681 were considered together.

BILL NO. BL2014-680

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, RS10 and RS20 to SP for properties located at 726 Old Hickory Boulevard and Boyds Hilltop Drive (unnumbered), at the northwest corner of Old Hickory Boulevard and N. Graycroft Avenue (39.54 acres), to permit up to a 130-bed assisted living facility along with an existing religious institution and its associated uses and facilities, all of which is described herein (Proposal No. 2013SP-046-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee.

BILL NO. BL2014-681

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 (14.59 acres) of a Residential Planned Unit Development Overlay District and amend the remaining portion (16.45 acres) of the overlay located at Boyds Hilltop Drive (unnumbered), and Nesbitt Lane (unnumbered) at the southern terminus of South Summerfield Drive and Falcon Drive, zoned RS20 and R10 (31.04 acres total), to permit 35 single-family lots, replacing 78 single-family lots, all of which is described herein (Proposal No. 108-79P-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Ms. Bennett moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2014-682

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 Clayton Avenue Urban Design Overlay to various properties located on Clayton Avenue, Craig Avenue and Lealand Lane east of Lealand Lane (21.27 acres), zoned R10, to apply design standards, all of which is described herein (Proposal No. 2014UD-001-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

BILL NO. BL2014-684

An ordinance amending Chapters 17.04 and 17.16 of the Metropolitan Zoning Code to modify the definition and conditions of “Accessory dwelling, detached” (Proposal No. 2014Z-007TX-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, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2014-686

An ordinance approving the transfer of certain properties held by the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, (Parcels 39 and 50, Map 93-7) for the construction of the West Riverfront Park improvements and amphitheater (Proposal No. 2014M-005PR-001). The bill was approved by the Planning Commission; Budget and Finance; Convention, Tourism and Public Entertainment Facilities; Parks, Library and Recreation 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, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2014-687

An ordinance to provide for the designation of public property within specified areas of downtown Nashville as a temporary “Special Event Zone” during the time period beginning at six o’clock (6:00) a.m. on Wednesday, April 2, 2014, and ending at six o’clock (6:00) p.m. on Wednesday, April 9, 2014, relative to the use of these areas in conjunction with the 2014 National Collegiate Athletic Association (NCAA) Women’s Final Four Basketball Tournament and related activities and events. The bill was approved by the Codes, Fair and Farmers Market and Convention, Tourism and Public Entertainment Facilities 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, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2014-688

An ordinance approving agreements for the lease and disposition of real property relating to the Bordeaux Long Term Care and J.B. Knowles Home for the Aged facilities, an amendment to the Intergovernmental Agreement between the Metropolitan Nashville Hospital Authority and the Metropolitan Government of Nashville and Davidson County, and determining and declaring in accordance with Section 1.05 of the Metropolitan Charter that the private sector can provide quality long term care services on a more economical basis, which makes such services no longer necessary as a governmental function (Proposal No. 2014M-002PR-001). The bill was approved by the Planning Commission, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning and Historical Committees. Mr. Maynard moved to pass the bill on third reading, which motion was seconded. After discussion and a call for the previous question, the matter recurred on the motion to pass and was adopted by the following roll call vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Allen, Moore, Gilmore, Baker, Langster, Weiner, Harmon, Blalock, Johnson, Potts, Bedne, Duvall, Todd (29); “Noes” Mitchell (1).

BILL NO. BL2014-689

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon retained easement rights in the former right-of-way of Old Ben Allen Road (closed via Council Ordinance 92-161) for properties located at 3803 Saunders Avenue and Hart Lane (unnumbered) (Proposal No. 2014M-003ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Allen, Moore, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2014-690

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon retained easement rights in the former right-of-way of 45th Avenue North (closed via Council Ordinance 92-290) for property located at 4502 Illinois Avenue (Proposal No. 2014M-002ES-001). The bill was approved by the Planning Commission, 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, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Allen, Moore, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Duvall, Todd, Mitchell (31); “Noes” (0).

BILL NO. BL2014-691

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon easement rights retained in former alley #1017-B (closed via Council Ordinance O69-905) for property located at 0 Chester Avenue (Proposal No. 2014M-001ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.
Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Allen, Moore, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (32); “Noes” (0).

BILL NO. BL2014-692

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 1,500 linear feet of six inch public water main along with public fire hydrants and all easement rights and also to abandon eight inch public sewer mains and all easement rights associated with these mains for properties located along George E. Davis Boulevard, Charlotte Avenue, Shankland Street and Nelson Merry Street (Project Nos. 14-SL-004 and 14-WL-003 and Proposal No. 2014M-005ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Matthews, Harrison, Hunt, Banks, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Allen, Moore, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

BILL NO. BL2014-693

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Tulip Grove Road Stormwater Improvement Project for four properties located at 906 and 910 Tulip Grove Road and Tulip Grove Road (unnumbered) (Project No. 14-SWC-092 and Proposal No. 2013M-060ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Glover 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, Westerholm, Bennett, Pridemore, Pardue, Glover, Claiborne, Tenpenny, Allen, Moore, Gilmore, Baker, Langster, Weiner, Holleman, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (30); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.