Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, August 19, 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 Councilmember Emily Evans.

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, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell and Neighbors (38); Absent: McGuire, Bedne (2).

The Minutes of the regular meeting of August 5, 2014, were approved.

- ELECTIONS AND CONFIRMATIONS -

President Pro Tempore
The President called for nominations for President Pro Tempore. Mr. Anthony Davis nominated Mr. Matthews, which motion was seconded; Ms. Bennett nominated Mr. Claiborne, which motion was seconded. There being no further nominations, the President declared the nominations closed. Matthews: Barry, Steine, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Moore, Allen, Gilmore, Evans, Holleman, Harmon, Johnson, Potts, Dowell, Mitchell (19); Claiborne: Garrett, Tygard, Harrison, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Baker, Langster, Weiner, Blalock, Dominy, Duvall, Todd (18). The President declared the election of Mr. Lonnell Matthews as President Pro Tempore for a one-year term ending August 31, 2015.

Agricultural Extension Board
Reappointment of Ms. Mauna Crabtree for a term expiring August 1, 2017. 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 Ms. Mary Hurt for a term expiring August 1, 2017. 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 Dr. Thelma Sanders-Hunter for a term expiring August 1, 2017. 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.

Farmers Market Board
Appointment of Mr. Brian Copeland for a term expiring May 5, 2019. 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.

Social Services Commission
Appointment of Ms. Nikita Jones for a term expiring July 20, 2019. 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.

Tourism and Convention Commission
Appointment of Ms. Dawn Southworth for a term expiring June 30, 2017. 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. RS2014-1192

A resolution exempting Union Common located at 1929 Broadway from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. Ms. Gilmore 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. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2014-1109

A resolution to establish a new application fee for a contextual overlay (Proposal No. 2014Z-017TX-001). The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2014-1195

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

RESOLUTION NO. RS2014-1196

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 bioterrorism emergency preparedness services to the citizens of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2014-1197

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 care coordination services for the Children’s Special Services program, including pediatric and developmental assessment. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2014-1198

A resolution approving a cooperative agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Belmont University to provide a Worksite POD for licensed medical employees and other licensed medical professionals specified by Belmont University with mass prophylaxis for distribution in the event of a public health emergency. The resolution was approved by the Health, Hospitals and Social Services Committee.

RESOLUTION NO. RS2014-1199

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 (LW09P141DSLWK15). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2014-1200

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 (LW09P141ADULT15). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2014-1201

A resolution approving an application for the Library Services and Technology Act (LSTA) 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 provide a well-trained library staff to assist customers in accessing technology. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.

RESOLUTION NO. RS2014-1202

A resolution authorizing Acme Nashville, LLC, to construct and install an aerial encroachment at 101 Broadway (Proposal No. 2014M-006EN-001). The resolution was approved by the Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2014-1203

A resolution authorizing I & G Elliston, Inc., to construct and install an aerial encroachment at 2110 Elliston Place (Proposal No. 2014M-007EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees.

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, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2014-1156

A resolution exempting Venue 109 located at 109 Cude Lane from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Pardue moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2014-1193

A resolution approving and authorizing the Metropolitan Mayor to submit Amendment Four to the Action Plan for Disaster Recovery for the use of Community Development Block Grant Disaster Recovery funds to assist with recovery needs resulting from the May 2010 floods. The resolution was approved by the Budget and Finance and Federal Grants Review Committees. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (34); “Noes” (0); “Abstaining” Evans, Holleman (2).

RESOLUTION NO. RS2014-1194

A resolution accepting the donation of a Tennessee Walking Horse, “Pushing Cash for Dollar (Cash)” to the Metropolitan Government for the use and benefit of the Metropolitan Nashville Police Department. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended withdrawal. Mr. Steine moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2014-1186

A resolution recognizing Mr. Ken Jakes for his service to our community. The Rules-Confirmations-Public Elections Committee made no recommendation. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following roll call vote: “Ayes” Garrett, Tygard, Bennett, Glover, Stites, Stanley, Claiborne, Tenpenny, Weiner, Evans, Holleman, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd (18); “Noes” Steine, Pridemore, Pardue, Mitchell (4); “Abstaining” Barry, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Moore, Allen, Gilmore, Baker, Langster (14).

RESOLUTION NO. RS2014-1204

A resolution recognizing September as National Infant Mortality Awareness Month and declaring September 9, 2014 as Safe Sleep Awareness Day in Davidson County. Mr. Maynard offered a substitute resolution and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE RESOLUTION NO. RS2014-1204

A resolution recognizing September as National Infant Mortality Awareness Month and declaring September 9, 2014 as Safe Sleep Awareness Day in Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2014-860

An ordinance amending Section 13.08.015 of the Metropolitan Code pertaining to the naming of streets, and amending the Geographic Information Systems Street and Alley Centerline Layer for The Metropolitan Government of Nashville and Davidson County by renaming a portion of 28th Avenue North and 31st Avenue North as “Ed Temple Boulevard” (Proposal No. 2014M-004SR-001). Pursuant to Rule No. 8 of the Rules of Procedure of the Metropolitan Council, no action was taken on this bill.

BILL NO. BL2014-861

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to acquire permanent easements, temporary construction easements, or fee simple, through negotiations or condemnation for the Brick Church Pike Pipe Improvement Project and to upgrade and reconnect gravity pipes and realign the existing public sewer mains and associated easements for various properties located along Bellshire Terrace Drive, Brick Church Lane, Brick Church Pike, Briley Park Boulevard South, Briley Park Boulevard North, Dickerson Pike, Northbrook Drive, Mulberry Way, and Westchester Drive (Project No. 11-SC-0144, OAP and Proposal No. 2014M-034ES-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 by a voice vote of the Council.

BILL NO. BL2014-862

An ordinance authorizing the acquisition of certain right-of-way easements, drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2012-R-11, North Dupont Avenue sidewalk on the south side from Delaware Avenue to a point 465 feet east of Kingston Drive (Proposal No. 2014M-016PR-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 by a voice vote of the Council.

BILL NO. BL2014-863

An ordinance authorizing the acquisition of certain right-of-way easements, drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2013-R-4, Lebanon Pike sidewalk on the north side from Fairway Drive to McGavock Pike (Proposal No. 2014M-018PR-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 by a voice vote of the Council.

BILL NO. BL2014-864

An ordinance authorizing the acquisition of certain drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2013-R-10, Lischey Avenue sidewalk on the east side from Douglas Avenue to a point 744 feet north (Proposal No. 2014M-019PR-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 by a voice vote of the Council.

BILL NO. BL2014-865

An ordinance authorizing the acquisition of certain drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2014-R-2, Elysian Fields Road sidewalk on the north side from Coventry Court to Nolensville Pike (Proposal No. 2014M-017PR-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 by a voice vote of the Council.

BILL NO. BL2014-866

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Barrywood Drive Stormwater Improvement Project for property located at 5037 Timberhill Drive (Project No. 14-SWC-212 and Proposal No. 2014M-037ES-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. BL2014-867

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept a permanent easement for the Neldia Court Stormwater Improvement Project for property located at 2617 Neldia Court (Project No. 14-SWC-118 and Proposal No. 2014M-036ES-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. BL2014-868

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon retained easement rights in a portion of former right-of-way of 53rd Avenue North (closed via Council Ordinance O75-1262) for a property located at 5300 Indiana Avenue (Proposal No. 2014M-035ES-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. BL2014-869

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon an existing sewer pump station and easement and to accept approximately 216 linear feet of eight inch public sewer main for property located at 6019 Mt. View Road (MWS Project No. 11-SG-0063 and Proposal No. 2014M-032ES-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. BL2014-870

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 enter into an agreement with Normandy II General Partners, hereinafter known as “NORMANDY II GP”, to fund a portion of the operation and maintenance of a public pressure sewer extension for its development at Fawn Crossing. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2014-838

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 Broadway Historic Preservation Overlay District to various properties located along Broadway, 2nd Avenue South, and 3rd Avenue South, at the corner of Broadway and 2nd Avenue South (approximately 1.16 acres), all of which is described herein (Proposal No. 2014HP-001-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-841

An ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to the minimum size of outdoor animal enclosures. 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. BL2014-841

An ordinance Chapter 8.12 of the Metropolitan Code pertaining to the minimum size of outdoor animal enclosures. The bill was approved by the Health, Hospitals and Social Services Committee. 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. BL2014-846

An ordinance amending Chapter 2.224 of the Metropolitan Code pertaining to the administration of the Community Garden Grant Program. The bill was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-847

An ordinance amending Chapter 4.12 of the Metropolitan Code to require contracts for government relations and lobbying services to include a requirement that reports be submitted to the Metropolitan Council regarding lobbying efforts and activities on behalf of the Metropolitan Government. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Garrett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-848

An ordinance authorizing the Health and Educational Facilities Board of the Metropolitan Government of Nashville and Davidson County, Tennessee to negotiate and execute an agreement for payments in lieu of ad valorem taxes with HCA Realty, Inc. 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. BL2014-849

An ordinance naming the Victim Resource Center in the Ben West Building in honor of Jean Crowe. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Barry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-850

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 Trinity Hills Parkway, at the terminus of Vista Lane, to “Woodland Star Way” (Proposal No. 2014M-003SR-001). The bill was 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. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-851

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 500 linear feet of 30 inch combination sewer main (Project# 14-SL-68) and 720 linear feet of six inch water main (Project# 14-WL-23) along 4th Avenue North and to abandon approximately 390 linear feet of six inch water main along Jackson Court for various properties located between Harrison and Jackson Streets, (MWS Project Nos. 14-SL-68 and 14-WL-23 and Proposal No. 2014M-038ES-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 second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-852

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of 4th Avenue North right-of-way and easement (Proposal No. 2014M-009AB-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 second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2014-770

An ordinance amending Chapters 17.04, 17.12 and 17.16 of the Metropolitan Code pertaining to two-family dwellings (Proposal No. 2014Z-009TX-001). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment. Mr. Hunt moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-771

An ordinance amending 17.36 and 17.40 of the Metropolitan Code pertaining to creating a contextual overlay district (Proposal No. 2014Z-010TX-001). Mr. Hunt 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. BL2014-771

An ordinance amending 17.36 and 17.40 of the Metropolitan Code pertaining to creating a contextual overlay district (Proposal No. 2014Z-010TX-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. Mr. Glover moved to defer the bill and re-refer it to the Planning, Zoning and Historical Committee, which motion was seconded. Mr. Hunt moved to table the motion to defer, which motion was seconded and adopted by a roll call vote. The matter recurred on the motion to pass and was approved by the following roll call vote: “Ayes” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Johnson, Potts, Dowell, Todd (29); Tygard, Glover, Stites, Dominy, Duvall, Mitchell (6); “Abstaining” Banks, Baker (2).

SUBSTITUTE BILL NO. BL2014-776

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to create the Music City Cultural Heritage Overlay District, and to apply such Overlay District to approximately 16.06acres of property located on Broadway, Second Avenue North, and Printer’s Alley, all of which is more particularly described herein (Proposal No. 2014Z-016TX-001). Ms. Gilmore moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2014-808

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20, RM20 and OR20-A to MUL-A zoning for properties located at 813 and 816 B 19th Avenue North and at 19th Avenue North (unnumbered), at the intersection of Herman Street and 19th Avenue North (0.38 acres), all of which is described herein (Proposal No. 2014Z-034PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Duvall, Mitchell (33); “Noes” (0).

BILL NO. BL2014-821

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 3029 and 3035 Brick Church Pike , approximately 300 feet south of Ewing Drive (2.66 acres), to permit heavy equipment sales and service, all of which is described herein (Proposal No. 2014SP-030-001).The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Duvall, Mitchell (33); “Noes” (0).

BILL NO. BL2014-824

An ordinance providing the honorary designation of “Keaton’s Cut Place” for a portion of Old Clarksville Pike. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Duvall, Mitchell (33); “Noes” (0).

BILL NO. BL2014-826

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of right-of-way for Alley No. 1999 (Proposal No. 2014M-008AB-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. Mr. Westerholm moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Duvall, Todd, Mitchell (34); “Noes” (0).

BILL NO. BL2014-832

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 to MUN-A zoning for property located at 1128 3rd Avenue South, at the northeast corner of 3rd Avenue South and Chestnut Street (0.1 acres), all of which is described herein (Proposal No. 2014Z-040PR-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, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2014-834

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 SP zoning for property located at 7347 Charlotte Pike, approximately 395 feet east of Old Hickory Boulevard, (1.74 acres), to permit an office and retail development, all of which is described herein (Proposal No. 2014SP-035-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Weiner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2014-836

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to SP zoning for property located at Ewing Drive (unnumbered), at the northwest corner of Ewing Drive and Gwynnwood Drive and partially located within the Floodplain Overlay District, (3.74 acres), to permit up to 28 residential units, all of which is described herein (Proposal No. 2014SP-032-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Harrison moved to pass the bill on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2014-837

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 zoning for property located at 942 Riverside Drive, approximately 170 feet south of Rosebank Avenue, (0.59 acres), to permit up to 11 dwelling units, all of which is described herein (Proposal No. 2014SP-034-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Westerholm requested a suspension of the rules to allow an amendment to be heard and no objection was made. Mr. Westerholm offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Westerholm moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

BILL NO. BL2014-839

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 DTC zoning for properties located at 201, 203, 205, 207, 209, 215, 217 and 221 Broadway and 109, 113 and 119 2nd Avenue South and at 110 and 116 3rd Avenue South, between 2nd and 3rd Avenues South (1.16 acres), all of which is described herein (Proposal No. 2014Z-043PR-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, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2014-840

An ordinance amending Chapter 7.08 of the Metropolitan Code to prohibit beer permits from being issued for establishments located within a shopping mall containing a community center and/or public library. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Dowell moved to pass the bill on third reading, which motion was seconded. After discussion, Mr. Claiborne moved the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass the bill on third reading, and was adopted by the following roll call vote: “Ayes” Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Holleman, Harmon, Blalock, Dowell, Duvall, Todd (24); “Noes” Garrett, Tygard, Glover, Weiner, Evans, Dominy, Mitchell (7); “Abstaining” Barry, Steine, Bennett, Johnson, Potts (5).

BILL NO. BL2014-842

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon retained easement rights in a portion of the former right-of-way of 50th Avenue North (closed via Council Ordinance O74-1115) for property located at 4915 Illinois Avenue (Proposal No.2014M-030ES-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, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2014-843

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 200 linear feet of existing eight inch public sewer main and to accept approximately 1600 linear feet of eight inch public sewer main for property located at 440 Hogan Road (MWS Project No. 14-SG-0015 and Proposal No. 2014M-031ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Harmon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2014-844

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 525 linear feet of existing eight inch public water main, 375 linear feet of eight inch public water main and the associated easement, and to accept approximately 1,263 linear feet of 10 inch D.I.P. water main, 355 linear feet of eight inch D.I.P. water main with seven fire hydrant assemblies, and 1,438 linear feet of eight inch sewer main and easements for various properties located south of Charlotte Avenue (MWS Project Nos. 13-WL-64 and 13-SL-61 and Proposal No. 2014M-033ES-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, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2014-845

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 enter into an agreement with Ole South/Craighead, hereinafter known as “OLE SOUTH”, to fund a portion of the additional operation and maintenance of a public pressure sewer extension for its development at Harvest Grove Phase 2 (Project No. 06-SL-83). The bill was approved by the Budget and Finance and Public Works Committees. Mr. Duvall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (36); “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.