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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Tim Garrett.
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: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (40); Absent: Hodge (1).
The Minutes of the regular meeting of June 16, 2009, were approved.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
Notice was given by the President of a vacancy on the Metropolitan Board of Public Education from the 9th School District, which vacancy shall be filled by the Metropolitan Council until the next general election. Nominations must be filed with the Metropolitan Clerk not later than 4:00 p.m. on Tuesday, July 14, 2009, and an election will be held to fill the vacancy at the meeting of July 21, 2009.
The Rules-Confirmations-Public Elections Committee recommended approval of the following proposed amendment to the Rules of Procedure of the Metropolitan Council.
Rule 27 of the 2007-2011 Council Rules of Procedure is amended by deleting the following sentence in its entirety:
“Any resolution appropriating funds from the general fund reserve shall be limited to one department only and shall not contain multiple appropriations.”
Mr. Steine moved to adopt the proposed amendment, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Evans, McGuire, Adkins, Foster, Dominy, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0); “Abstaining” Gilmore, Holleman (2).
- ELECTIONS AND CONFIRMATIONS -
CATV Special Committee
Reappointment of Mr. Richard McKinney for a term expiring March 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Jacqueline Shrago for a term expiring March 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Convention Center Commission
Reappointment of Mr. Randy Rayburn for a term expiring June 7, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Human Relations Commission
Appointment of Ms. Susan McDonald for a term expiring April 18, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Dennis Nunez for a term expiring April 18, 2012. At the request of the nominee the confirmation was deferred.
Stormwater Management Committee
Reappointment of Mr. Lance Wagner for a term expiring July 8, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- BILLS ON PUBLIC HEARING -
An ordinance amending Chapter 17.16 of the Metropolitan Code, Zoning Regulations, to modify the land use development standards for "mobile vendor" as a use, all of which is more specifically described herein (Proposal No. 2009Z-002TX-001). Ms. Murray moved to moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
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 RM15 zoning for property located within the Greenwood Neighborhood Conservation Overlay at 837 Cleveland Street, approximately 115 feet west of McFerrin Avenue (0.28 acres), all of which is described herein (Proposal No. 2009Z-010PR-001). The bill was approved by the Planning Commission. Ms. Murray 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. Petitions were filed in opposition to the bill. The President declared the public hearing closed. Ms. Murray moved to defer the bill for further discussions, the bill being requested by C.R. and Sheridath Blackwood, which motion was seconded and adopted by a roll call vote of the Council.
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 RS40 zoning along Ensworth Place and from R40 to RS40 zoning along Ensworth Avenue which is also located in the Woodlawn West Neighborhood Conservation Overlay District (48.34 acres), all of which is described herein (Proposal No. 2009Z-021PR-001). The bill was approved by the Planning Commission. Mr. Holleman 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. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to add the land use “Historic Bed and Breakfast Homestay” as a special exception (SE) and a use permitted by right (P) rather than a classification of the historic overlay districts, all of which is more particularly described herein (Proposal No. 2009Z-004TX-001). The bill was approved by the Planning Commission. Mr. Jameson 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 opposition to passage of the bill The President declared the public hearing closed. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to add requirements pertaining to telephone service towers, all of which is more particularly described herein (Proposal No. 2009Z-009TX-001). The bill was approved by the Planning Commission. Mr. Coleman 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. Coleman moved to pass the bill on second reading and defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to designate electronic display signs as a permitted use or a special exception use in certain zoning district, and to add standards for electronic display signs, all of which is more particularly described herein (Proposal No. 2009Z-008TX-001). Mr. Tygard moved to defer the bill to the November public hearing, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 17.32.050 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the distance requirements for signs with any copy, graphics, or digital displays that change messages by electronic or mechanical means, all of which is more particularly described herein (Proposal No. 2009Z-010TX-001). The bill was approved by the Planning Commission. Mr. Holleman 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. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.08, 17.36 and 17.40 to create a new Mobile Vendor Overlay (MVO) district, all of which is more specifically described herein (Proposal No. 2009Z-011TX-001). Ms. Murray moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
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 SP zoning for properties located at 2223, 2225, and 2227 10th Avenue South, approximately 50 feet north of Waldkirch Avenue (0.6 acres), to permit a 13,600 square foot mixed use building containing 2,000 square feet of restaurant space, 4,800 square feet of retail space and 6,800 square feet of office space, all of which is described herein (Proposal No. 2009SP-005-001). The bill was approved by the Planning Commission. 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. Petitions were filed in opposition to the bill. 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 roll call vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP for properties located at 3886, 3920, 3924, 3992, 4068, 4072, 4194, and 4206 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 4,700 feet south of Cleeces Ferry Road (1,487.69 acres), to create a new mixed use SP district called "May Town Center" proposed for general office uses, commercial uses, hotels, residential uses, and open space, all of which is described herein (Proposal No. 2008SP-022G-03). The bill was disapproved by the Planning Commission. Mr. Matthews moved to defer the bill indefinitely, the bill being requested by Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council.
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, R15, and RS20 to SP zoning for properties at 3146 Old Hickory Boulevard and 3108 Blevins Road, at the southwest corner of Blevins Road and I-24 West (16.39 acres) to permit all uses within the CS zoning subject to the standards, regulations and requirements of the CS zoning district and to permit Heavy Equipment Repair, Wrecker Services and Outdoor Storage subject to the standards, regulations and requirements of the IWD zoning district, all of which is described herein (Proposal No. 2009Z-022PR-001). The bill was approved by the Planning Commission. Mr. Hunt requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 properties located at 1103, 1105, and 1111 Battery Lane, approximately 1,500 feet east of Granny White Pike (7.4 acres), to permit up to 13 single-family lots, all of which is described herein (Proposal No. 2009SP-008-001). 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Todd moved to pass the bill on second reading and defer the bill to the first meeting in August so that an additional neighborhood meeting can be held, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2009-474
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 property located at Ashland City Highway (unnumbered), approximately 1,620 feet east of Eatons Creek Road (7.14 acres), to permit all uses within the RM9 zoning subject to the standards, regulations and requirements of the RM9 zoning district and to permit a Funeral Home subject to the standards, regulations and requirements of the OR20 zoning district, all of which is described herein (Proposal No. 2009SP-010-001). The bill was approved by the Planning Commission. Mr. Matthews requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and a citizen was heard in favor of the bill. The President declared the public hearing closed. Mr. Matthews offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SECOND SUBSTITUTE BILL NO. BL2009-474
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 property located at Ashland City Highway (unnumbered), approximately 1,620 feet east of Eatons Creek Road (7.14 acres), to permit a Funeral Home subject to the standards, regulations and requirements of the OR20 zoning district and one residence, all of which is described herein (Proposal No. 2009SP-010-001). Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 Nolensville Road Automart Specific Plan District approved by Ordinance No. BL2006-1258 for property located at 2721 and 2725 Nolensville Pike and 2722 Grandview Avenue, at the northwest corner of Nolensville Pike and McClain Avenue (0.82 acres), to amend Condition 3 pertaining to sidewalk requirements, all of which is described herein (Proposal No. 2006SP-152-002). The bill was approved by the Planning Commission. Ms. Page 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. Page moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 Gallatin Pike Improvement District Specific Plan for properties located along Main Street and Gallatin Pike between South 5th Street and Briley Parkway (266.11 acres), all of which is described herein (Proposal No. 2007SP-122-001). 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 no one came forward to be heard. The President declared the public hearing closed. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to add “Wind Energy Facility (small)” and “Wind Energy Facility (utility)” as land uses, all of which is more particularly described herein (Proposal No. 2009Z-006TX-001). The bill was approved by the Planning Commission. Mr. Tygard 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. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to modify the definitions of “Automobile Repair” and “Automobile Service”, all of which is more particularly described herein (Proposal No. 2009Z-012TX-001). The bill was approved by the Planning Commission. Ms. Page 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. Page moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.04, 17.08, and 17.16 to add community gardening as a permitted use, a use permitted with conditions, or a special exception use in certain zoning districts, all of which is more particularly described herein (Proposal No. 2009Z-013TX-001). The bill was approved by the Planning Commission. Mr. Holleman 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. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.40 to require applicants requesting amendments to the official zoning map to submit certain information regarding the use of lobbyists, public relations firms, pollsters, and other firms contracted to communicate with the public regarding the zoning application (Proposal No. 2009Z-014TX-001). Mr. Holleman moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Dorothy “Dot” Shell-Berry upon her retirement with the Metropolitan Government.
A resolution recognizing and congratulating Principal Ruth Murray of McCann Alternative Learning Center upon receipt of the Value-Added Achievement Award.
A resolution recognizing and congratulating the Metropolitan Police Drill and Ceremony Team upon receiving top honors at the annual Honor Guard Competition.
A resolution recognizing the Hillsboro High School football team for winning the 2008 4A State Championship.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Harrison moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- RESOLUTION -
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Title 12 of the Metropolitan Code regarding commercial vehicles operating on local streets. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.
An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. 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.
An ordinance approving an agreement between the Metropolitan Government and Summerfield Village, LLP pertaining to funding for storm water infrastructure improvements near Summercrest Boulevard and Murfreesboro Road. 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.
An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in public projects described in the plans for 1611 Cahal Avenue, 1610 and 1608 Emerson Street. 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.
An ordinance abandoning a 20 foot public utility easement in connection with Project 08-SG-0103, 544 McMurray Drive, shown on Map 161-03, Parcel 160.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2007M-061U-10). 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.
An ordinance abandoning a 10 foot public utility drainage easement in connection with Project 09-D-00029, 8212 Ramstone Way, shown on Map 182-06-A, Parcel 173.00CO and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-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.
An ordinance abandoning easement rights within the Old 11th Avenue right-of-way through Map 093-09, Parcel 334.00 and Map 093-09, Parcel 333.00 as created by Bill Number BL2006-930 in connection with Project 09-AB-0001, Pine Street Abandonment and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-045ES-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.
An ordinance amending Section 11.12.070 of the Metropolitan Code regarding noise from commercial establishments contiguous to residential areas. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Committee by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to provide definitions for “common domestic farm animals” and “exotic animals”, all of which is more particularly described herein (Proposal No. 2009Z-015TX-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.
Upon motion duly seconded, the meeting was adjourned.