Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday,March 3, 2015


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

The invocation was offered by Rashed Fakhruddin, President of the Islamic Center of Nashville.

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, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (38); Absent: Gilmore, Langster, Evans (3).

The Minutes of the regular meeting of February 24, 2015, were approved.

- MESSAGE FROM MAYOR -

March 3, 2015

Dear Vice Mayor Neighbors and Members of the Council:

Please find attached the State of Tennessee reporting forms required to be submitted to the local legislative body following the sale of bonds previously authorized by the Metropolitan Council. These reports are for the sale of $59,730,000 of General Obligation Refunding Bonds, Series 2015A and $103,980,000 of General Obligation Refunding Bonds Series 2015B which closed on February 19, 2015.

The refunding issues were structured in conformance with the Metropolitan Government’s Debt Management Policy and will result in present value savings of $8,708,183 (5.598%) over the remaining life of the bonds.

As always, we appreciate the Metropolitan Council’s support on these important financing initiatives.

Sincerely,
/s/Karl F. Dean
Mayor

- MOTION TO RECONSIDER -

BILL NO. BL2015-1008

An ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to outdoor pet tethering. The bill was approved by the Health, Hospitals and Social Services Committee. Upon motion previously made and duly seconded, the vote to reconsider BL2015-1008 was taken and failed by the following roll call vote: “Ayes” Claiborne, Holleman, Dominy (3); “Noes” Barry, Steine, Garrett, Tygard, Matthews, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Weiner, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (30); “Abstaining” Duvall (1).

- ELECTIONS AND CONFIRMATIONS -

Cheatham County Rail Authority
The President gave notice of a vacancy on the Cheatham County Rail Authority and announced that an election would be held by the Metropolitan Council at the meeting of March 17, 2015, to fill the two-year term. Deadline for nominations to be submitted in writing to the Metropolitan Clerk is Tuesday, March 10, 2015, at 4:00 p.m.

Nashville and Eastern Rail Authority
The President gave notice of a vacancy on the Nashville and Eastern Rail Authority and announced that an election would be held by the Metropolitan Council at the meeting of March 17, 2015, to fill the two-year term. Deadline for nominations to be submitted in writing to the Metropolitan Clerk is Tuesday, March 10, 2015, at 4:00 p.m.

Electrical Examiners and Appeals Board
Reappointment of Ms. Londa Hardcastle-Morgan for a term expiring February15, 2019. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Mike Thomas for a term expiring February15, 2019. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Fire and Building Code Appeals Board
Reappointment of Mr. Randy Clark for a term expiring March 1, 2019. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Nashville Education, Community and Arts Television Corporation (NECAT)
Appointment of Mr. Tyler Pittman for a term expiring February 8, 2018. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Plumbing Examiners and Appeals Board
Reappointment of Mr. Frank Sullivan for a term expiring February15, 2019. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2015-1004

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 zoning for various properties located along Amelia Court, Amelia Drive, Ashlawn Circle, Ashlawn Court, Ashlawn Drive, Ashworth Circle, Ash Grove Drive, Ashmont Circle, Ashmont Drive, Bell Road, Bess Court South, Benzing Road, Brook View Estates Drive, Brook Drive, Eulala Drive, Janice Drive, Jeri Court, Josephine Court, Lou Court, Michele Drive, Ocala Drive, Roxanne Court, Roxanne Drive, Sue Court, Sue Drive, Tusculum Road and Yoest Circle, north of Bell Road (approximately 155 acres), all of which is described herein (Proposal No. 2015Z-003PR-001). The bill was approved by the Planning Commission with a substitute. Mr. Bedne requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Bedne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1010

An ordinance amending Substitute Ordinance No. BL2014-908 (the “Ordinance”) to grandfather title loan, cash advance, check cashing, and pawn shop establishments from the application of the Ordinance’s requirements if they had applied for a building permit or zoning certificate prior to the introduction of the Ordinance, but were subsequently denied such building permit or zoning certificate as a result of pendency of the Ordinance (Proposal No. 2014Z-020TX-002). Mr. Holleman moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1023

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 1614 and 1616 4th Avenue North, approximately 115 feet south of Garfield Street, (0.4 acres), to permit up to seven detached residential dwelling units, all of which is described herein (Proposal No. 2014SP-079-001). The bill was approved by the Planning Commission with conditions, disapproved without. Mr. Steine 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. 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. BL2015-1024

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 RS20 to RS30 zoning for property located at 4008 Iroquois Avenue, approximately 600 feet east of Lynwood Boulevard (1.23 acres), all of which is described herein (Proposal No. 2015Z-009PR-001).
The bill was approved by the Planning Commission. Mr. Todd 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. Mr. Todd moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1025

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 RS15 to SP zoning for property located at 5572 South New Hope Road, at the current terminus of Cherry Bark Court, (3.52 acres), to permit up to 13 single-family dwelling units, all of which is described herein (Proposal No. 2015SP-006-001). The bill was disapproved by the Planning Commission. Mr. Glover 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. Mr. Glover moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1026

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 property located at 1618 4th Avenue North, at the southeast corner of 4th Avenue North and Garfield Street, (0.40 acres), to permit up to eight residential dwelling units, all of which is described herein (Proposal No. 2015SP-002-001). The bill was approved by the Planning Commission with conditions, disapproved without. Mr. Steine 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. 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. BL2015-1027

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 property located at Elliott Avenue (unnumbered), approximately 340 feet west of Franklin Pike, (2.34 acres), to permit a multifamily development containing up to 200 dwelling units, all of which is described herein (Proposal No. 2015SP-003-001). The bill was approved by the Planning Commission with conditions, disapproved without. Ms. Moore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record. The President declared the public hearing closed. 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. BL2015-1028

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Commercial Planned Unit Development Overlay District for properties located at 7614 A, 7614B, 7616, 7620, 7624, 7632 and 7634 Highway 70 South, west of Sawyer Brown Road, zoned MUL and SCR, (85.5 acres), to permit a mixed use development, all of which is described herein (Proposal No. 94-71P-002). The bill was approved by the Planning Commission with conditions, disapproved without. Ms. Weiner 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. Weiner moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1029

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 R8 to CS zoning for property located at OBrien Avenue (unnumbered), approximately 130 feet west of White Bridge Pike (0.08 acres), all of which is described herein (Proposal No. 2014Z-061PR-001).
The bill was approved by the Planning Commission. Mr. Baker requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2015-1030 and BL2015-1037 were considered together.

BILL NO. BL2015-1030

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 the Planned Unit Development for properties located at Cane Ridge Road (unnumbered), on the east side of Cane Ridge Road, (124.82 acres), all of which is described herein (Proposal No. 51-87P-001).
The bill was approved by the Planning Commission.

BILL NO. BL2015-1037

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 and SCR to SP zoning for properties located at 3135 and 3185 Old Franklin Road, 5570 and 5580 Cane Ridge Road and Cane Ridge Road (unnumbered), west of Interstate 24, (approximately 291 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2015SP-005-001). The bill was approved by the Planning Commission with conditions, disapproved without.

Ms. Dowell requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and a citizen was heard in favor of passage of the bills. The President declared the public hearing closed. Ms. Dowell moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1031

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 and CS to SP zoning for property located at 1033 Burchwood Avenue, approximately 140 feet west of Gallatin Pike, (0.47 acres), to permit up to eight detached residential dwelling units, all of which is described herein (Proposal No. 2014SP-088-001). The bill was disapproved by the Planning Commission. Mr. Scott Davis moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1032

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 applying the contextual overlay to various properties located along Greenwood Avenue, Rosebank Avenue, Skyview Drive, Waters Avenue, Shady Lane, Powers Avenue, McCarn Street, Tillman Lane, Washington Avenue, Eastland Avenue, Groves Park Road, Urban Place, Wilsonwood Place, Hackberry Lane, and N. 20th Street, all of which is described herein (Proposal No. 2015Z-007PR-001). The bill was approved by the Planning Commission. Mr. Westerholm requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Westerholm moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1033

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 RS5 to SP zoning for properties located at 519 and 521 Weakley Avenue, opposite Fern Avenue, (0.34 acres), to permit up to four residential dwelling units, all of which is described herein (Proposal No. 2014SP-084-001). The bill was disapproved by the Planning Commission. Mr. Harrison requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1034

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning for properties located at 1505 and 1507 Holly Street, at the northwest corner of Holly Street and Lindsley Park Drive and located within the Lockeland Springs-East End Neighborhood Conservation Overlay District, (0.34 acres), to permit up to five dwelling units on three lots, including two lots with one or two-family dwelling units within a single structure on each lot and one lot with a single-family dwelling unit, all of which is described herein (Proposal No. 2014SP-087-001). The bill was approved by the Planning Commission with conditions, disapproved without. Mr. Westerholm requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Westerholm moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1035

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 applying the provisions of a Contextual Overlay District to properties located at 4800, 4801, 4802, 4803, 4805, 4806, 4808, 4809, 4810, and 4811 Michigan Avenue and Michigan Avenue (unnumbered), between 48th Avenue North and 49th Avenue North (approximately 2 acres), all of which is described herein (Proposal No. 2015Z-004PR-001).
The bill was approved by the Planning Commission. Mr. Baker requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record. The President declared the public hearing closed. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1036

An ordinance amending Chapter 17.08 of the Metropolitan Zoning Code to prohibit clubs as a use in the office (ON, OL, OG, and ORI) zoning districts (Proposal No. 2015Z-001TX-001). The bill was approved by the Planning Commission. Ms. Bennett requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record. The President declared the public hearing closed. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1038

An ordinance amending Section 17.16.070 of the Metropolitan Code, Zoning Regulations, pertaining to the conditions applicable to boat storage facilities (Proposal No. 2015Z-002TX-001). The bill was disapproved by the Planning Commission. Mr. Stites 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. Mr. Stites 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. RS2015-1393

A resolution calling the Metropolitan Board of Equalization (“MBOE”) into regular session beginning June 1, 2015 and special session beginning June 15, 2015. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2015-1394

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 reduce risks associated with the bulk transport of crude oil by rail. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2015-1395

A resolution authorizing The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, hereinafter called the “Licensee,” to enter into a Facility Encroachment Agreement with CSX TRANSPORTATION, INC. hereinafter called “Licensor” to construct and maintain water lines in the railroad right-of-way north of the intersection of Thompson Lane and I-65 (Project No. 14WC0073) (Proposal No. 2015M-008PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2015-1396

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to acquire real property by purchase for use as part of the Saunders Avenue Stormwater Improvement Project (Proposal No. 2015M-005PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2015-1397

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2015-1399

A resolution recognizing the Lenox Village Area Business Association. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2015-1401

A resolution recognizing Perry Wallace. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Harmon 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, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2015-1389

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims Pamela DeSoto has brought against the Metropolitan Government of Nashville and Davidson County and Metropolitan Government employees Tommy Lynch, Chris Taylor, Bryan Irvin, Kevin Hooper, Danny Duke, Jerry Moore, Johnny Perry, Tom Harbison, Foster Hite, in the amount of $295,000, of which $30,000 is for back pay to be paid out of the Parks operating budget. The remaining $265,000 is to be paid out of the Judgment and Losses Fund. The Budget and Finance Committee recommended deferment. Mr. Pridemore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2015-1398

A resolution supporting HB317/SB496 prohibiting short-term lenders from charging an interest rate for any short-term lending transaction that exceeds 28 percent per year. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).
RESOLUTION NO. RS2015-1400

A resolution declaring May 14, 2015 as Stand With Israel Day in Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Stites moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2015-1042

An ordinance approving the renewal of a ground lease between The Metropolitan Government of Nashville and Davidson County and Eckerd Corporation (Proposal No. 2015M-004PR-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. BL2015-1043

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Hillsboro Village Urban Design Overlay (UDO) to add a parcel and create subdistrict 1D, all of which is described herein (Proposal No. 2005UD-009-001). The bill was approved by the Planning Commission with conditions, disapproved without. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2015-1044

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 MUL zoning for property located at 2024 Blakemore Avenue, approximately 130 feet north of Wedgewood Avenue (0.32 acres), all of which is described herein (Proposal No. 2015Z-006PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2015-1045

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 AR2a to IWD zoning for property located at 12872 Old Hickory Boulevard, approximately 450 feet south of Hobson Pike (4.99 acres), all of which is described herein (Proposal No. 2015Z-010PR-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.

BILL NO. BL2015-1046

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to SP zoning for property located at 204 Ben Allen Road, approximately 990 feet east of Dickerson Pike, (4.18 acres), to permit up to 17 dwelling units, all of which is described herein (Proposal No. 2014SP-086-001). The bill was approved by the Planning Commission with conditions, disapproved without. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2015-1047

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 property located at Wedgewood Avenue (unnumbered), approximately 750 feet west of Bransford Avenue, (1.25 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2014SP-082-001). The bill was approved by the Planning Commission with conditions, disapproved without. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2015-1048

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, MUL, OR20, RM40, and R6 zoning to DTC zoning, and the Hope Gardens DTC subdistrict, for various properties located west of Rosa L Parks Boulevard and north of Jefferson Street (approximately 16.76 acres) and located in the Phillips-Jackson Street Redevelopment District; and to update associated maps within Chapter 17.37 of the Zoning Code, to reflect the proposed DTC and Hope Gardens subdistrict boundaries, all of which is described herein (Proposal No. 2015Z-008PR-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.

BILL NO. BL2015-1049

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 an Urban Design Overlay for properties located east of Bowling Avenue along Valley Vista Road, Bellwood Avenue, and Saratoga Drive, zoned RS7.5 and R8 (20.5 acres), all of which is described herein (Proposal No. 2015UD-001-001). 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.

BILL NO. BL2015-1050

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 RS5 to SP zoning for properties located at 1201 Davidson Street, 1203 Davidson Street and 1205 Davidson Street, at the northeast corner of Davidson Street and South 12th Street, (0.59 acres), to permit up to six detached residential dwelling units, all of which is described herein (Proposal No. 2015SP-015-001). The bill was approved by the Planning Commission with conditions, disapproved without. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2015-1051

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning for properties located at 1101, 1103, 1105, 1107, 1109, 1111, 1113 and 1115 3rd Avenue South and 3rd Avenue South (unnumbered), at the southwest corner of 3rd Avenue South and Mildred Shute Avenue, (1.152 acres), to permit up to 54 residential units, 1,900 square feet of restaurant/retail space, and 10 units totaling 7,000 square feet which are to be office/retail/multi-family units (i.e. live/work units), all of which is described herein (Proposal No. 2015SP-004-001). The bill was approved by the Planning Commission with conditions, disapproved without. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2015-1052

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to CS zoning for property located at 5765 Old Hickory Boulevard, approximately 165 feet south of Central Pike (0.56 acres), all of which is described herein (Proposal No. 2015Z-001PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2015-1053

An ordinance to amend Chapters 17.37 and 17.40 of the Metropolitan Code to update the Downtown Code (DTC) standards (Proposal No. 2015Z-003TX-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.

Without objection, the rules were suspended for consideration of two (2) late ordinances.

BILL NO. BL2015-1054

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 100 Cumberland Bend, east of the intersection of Great Circle Road and Vantage Way (7.39 acres), all of which is described herein (Proposal No. 2015Z-013PR-001). Mr. Harrison requested the bill pass first reading and be referred to the Planning Commission and Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1055

An ordinance amending Chapters 17.08 and 17.16 of the Metropolitan Code, Zoning Regulations, to designate commercial amusement as a use permitted with conditions and adding conditions applicable to such land uses (Proposal No. 2015Z-004TX-001). Mr. Scott Davis requested the bill pass first reading and be referred to the Planning Commission and Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2015-1040

An ordinance authorizing Nashville Downtown Partnership to install, construct and maintain an automated bike kiosk encroaching the public right-of-way of 2101 Belmont Boulevard (Proposal No. 2015M-003EN-001). The bill was approved by the Planning Commission, Public Works, Traffic, Parking and Transportation and Planning, Zoning and Historical Committees. Ms. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2015-1041

An ordinance adopting the Geographic Information Systems Street and Alley Centerline Layer, with the recordation of renaming, additions and deletions of acceptances and abandonments as reflected on the Centerline Layer to date, as the Official Street and Alley Acceptance and Maintenance Record for the Metropolitan Government of Nashville and Davidson County (Proposal Number 2014M-004OT-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Anthony Davis 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. BL2014-948

An ordinance approving Amendment No.3 to the Five Points Redevelopment Plan (Proposal No. 2014M-005OT-001). The bill was approved by the Planning Commission, Federal Grants Review and Planning, Zoning and Historical Committees. Mr. Westerholm moved to pass the bill on third reading, which motion was seconded. Mr. Tygard moved to offer an amendment and the Chair ruled that this bill was not amendable on third reading pursuant to Rule No. 15 of the Council Rules of Procedure. Mr. Tygard moved to suspend the rules to allow the amendment to be heard and objections were made. Mr. Tygard moved to appeal the ruling of the Chair, which motion was seconded. The Chair called for the question as to whether the Chair’s ruling regarding Mr. Tygard’s amendment should be sustained, which failed by the following roll call vote: “Ayes” Barry, Steine, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pridemore, Moore, Allen, Baker, McGuire, Harmon (14); “Noes” Tygard, Maynard, Matthews, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Weiner, Holleman, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (20); “Abstaining” Garrett, Bennett, Bedne (3). Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a roll call 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, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (36); “Noes” (0).

BILL NO. BL2014-989

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 RS5 to SP zoning for properties located at 1219 and 1221 N. 5th Street, at the southeast corner of Douglas Avenue and N. 5th Street, (0.42 acres), to permit up to seven dwelling units, all of which is described herein (Proposal No. 2014SP-080-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Scott Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Duvall, Todd (34); “Noes” (0).

BILL NO. BL2015-1006

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 various properties located along Church Street East, Valley View Road, and Cloverland Drive, at the northwest corner of the Church Street East and Cloverland Drive intersection (17.58 acres), to permit up to 78 single family residential units, all of which is described herein (Proposal 2015SP-011-001). Mr. Banks 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. BL2015-1006

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 various properties located along Church Street East, Valley View Road, and Cloverland Drive, at the northwest corner of the Church Street East and Cloverland Drive intersection (17.58 acres), to permit up to 70 single family residential units, all of which is described herein (Proposal 2015SP-011-001). 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 roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Claiborne, Tenpenny, Moore, Baker, Weiner, Holleman, McGuire, Harmon, Johnson, Potts, Bedne, Todd (30); “Noes” Stanley, Blalock, Dowell, Duvall (4); “Abstaining” Allen, Dominy (2).

BILL NO. BL2015-1015

An ordinance amending Section 16.24.340 of the Metropolitan Code pertaining to the posting of street address numbers on residential mailboxes. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Glover 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, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd (36); “Noes” (0).

BILL NO. BL2015-1018

An ordinance approving a Lease Agreement by and between the Metropolitan Government of Nashville and Davidson County and Nashville Classical, Inc. (Proposal No. 2015M-002PR-001). The bill was approved by the Planning Commission, Budget and Finance, Education 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” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

BILL NO. BL2015-1019

An ordinance authorizing the Director of Public Property Administration, or his designee, to execute the attached special warranty deed from the Metropolitan Government conveying to the State of Tennessee a portion of two parcels of land at the northwest corner of 38th Avenue North and Charlotte Avenue, totaling 0.179 acres (Proposal No. 2014M-031PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Pridemore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

BILL NO. BL2015-1020

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 Alley No. 160 right-of-way (Proposal No. 2014M-015AB-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. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

BILL NO. BL2015-1021

An ordinance authorizing the Metropolitan Government of Nashville and Davidson County to acquire 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 2014-R-6, Lealand Lane and Kirkwood Avenue Sidewalk Improvements (Proposal No. 2015M-004ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

BILL NO. BL2015-1022

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 700 linear feet of eight inch public sewer main and easement and 400 linear feet of existing water main, to abandon and remove 429 linear feet of six inch DIP water main and replace said water main with eight inch DIP in the same trench, to accept 100 linear feet of six inch DIP water main for fire hydrant leads and existing main re-connects (three fire hydrants), to abandon 65 linear feet of six inch DIP water main in Elkins Avenue (currently not connected to 12”) and to abandon 65 linear feet of six inch DIP water main (to be connected to 12” water main) located on various properties south of Charlotte Avenue (MWS Project Nos. 14-SL-29 & 14-WL-22 and Proposal No. 2015M-002ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Anthony Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

BILL NO. BL2015-1039

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon easement rights that were previously retained by Council Bill No. BL2006-930 within a portion of 11th Avenue South right-of-way between Laurel Street and the north right-of-way margin of Pine Street and 11th Avenue South between the south right-of-way margin of Pine Street and 12th Avenue South and also abandoning the easement rights that were previously retained by that bill within a portion of 11th & 12th Avenue South right-of way at the southwest corner of the intersection (Proposal No. 2015M-007ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

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

RESOLUTION NO. RS2015-1402

A resolution recognizing Belmont University Bruins men’s basketball head coach Rick Byrd on his 700th career win. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Allen moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Baker, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Duvall, Todd (34); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.

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