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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 Rabbi Laurie Rice of Congregation Micah.
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, 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, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell and President Neighbors (38); Absent: Tygard, Adkins, Duvall (3).
The Minutes of the regular meeting of August 18, 2009, and the special meeting of August 21, 2009, were approved.
- ELECTIONS AND CONFIRMATIONS -
President ProTempore
The President called for nominations for President Pro Tempore of the Metropolitan Council for a one-year term expiring August 31, 2010. Mr. Ryman nominated Mr. McGuire, which motion was seconded. Mr. Matthews nominated Ms. Gilmore, which motion was seconded. There being no further nominations, the President declared the nominations closed. The vote was taken and announced as follows: McGuire: Garrett, Barry, Steine, Craddock, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Claiborne, Page, LaLonde, Baker, Langster, Crafton, McGuire, Foster, Dominy, Hodge, Todd, Mitchell (22); Gilmore: Matthews, Harrison, Jameson, Stanley, Moore, Gilmore, Evans, Wilhoite, Coleman (9): Abstaining: Toler (1). The President declared the election of Mr. McGuire as President Pro Tempore for a one-year term ending August 31, 2010.
Audit Committee
The President called for nominations to elect two Council members to the Audit Committee for two-year terms expiring August 31, 2011. Mr. Steine nominated Mr. Hunt, which motion was seconded. Mr. Garrett nominated Mr. Steine, which motion was seconded. There being no further nominations, the President declared the nominations closed, and Messrs. Hunt and Steine were elected by acclamation to the Audit Committee for two year terms.
Agricultural Extension Board
Reappointment of Mr. Thurman Rivers for a term expiring August 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Convention Center Commission
Reappointment of Ms. Erika Wollum Nichols for a term expiring June 7, 2012. At the request of the nominee, the confirmation was deferred.
Historical Commission
Appointment of Mr. Bob Allen for a term expiring August 10, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. E. Mennie’ Bell for a term expiring August 10, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Dr. Bill McKee for a term expiring August 10, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Tourism & Convention Commission
Reappointment of Mr. Johnny Walker for a term expiring June 30, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Industrial Development Board
Notice was given by the President of three vacancies on the Industrial Development Board of the Metropolitan Government, which vacancies by law are to be filled by the Council. Nominations will be taken at the meeting of September 15, 2009, and an election held to fill the vacancies on October 6, 2009.
- BILLS ON PUBLIC HEARING -
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). A substitute bill was approved by the Planning Commission. Mr. Burch 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. Burch 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 regulations and standards applying to the keeping of domestic and exotic animals in Nashville and Davidson County, all of which is more particularly described herein (Proposal No. 2009Z-033TX-001). A substitute 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 failed by the following vote: “Ayes” Barry, Steine, Maynard, Harrison, Jameson, Cole, Bennett, Jernigan, Moore, LaLonde, Gilmore, Crafton, Evans, Holleman, McGuire (15); “Noes” Garrett, Hunt, Craddock, Murray, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Baker, Langster, Foster, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (20); “Abstaining” Matthews, Dominy (2).
BILL NO. BL2009-511
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 Specific Plan District approved by Substitute Ordinance No. BL2009-388 for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to allow automobile sales and automobile service as additional uses, all of which is described herein (Proposal No. 2009SP-003-002). Mr. Hunt offered a substitute ordinance and moved that it be accepted for filing, and no objection was made.
SUBSTITUTE BILL NO. BL2009-511
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 Specific Plan District approved by Substitute Ordinance No. BL2009-388 for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to permit Automobile Sales (new) Automobile Sales (used), Automobile Service, Car Wash, Vehicular Sales and Services, Vehicle Rental/Leasing and Heavy Equipment Repair and all other uses permitted in the CS zoning district as additional uses, all of which is described herein (Proposal No. 2009SP-003-002). Mr. Hunt moved to defer the bill to the November public hearing so that proper public notice can be given, the bill being requested by Anchor Holdings, LLC, 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 RS10 to R10 zoning for property located at Colfax Drive (unnumbered), approximately 250 feet south of Allen Road (0.3 acres), all of which is described herein (Proposal No. 2009Z-026PR-001). The bill was approved by the Planning Commission. Mr. Stanley 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. Stanley 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. BL2009-513 and BL2009-514 were considered together.
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 previously approved Council Bill BL2002-1223 to clarify which conditions of that ordinance apply to the Planned Unit Development proposed for property located at 765 Preston Road and a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, all of which is described herein (Proposal No. 2009Z-027PR-001). The bill was approved by the Planning Commission.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a request for preliminary approval for the Preston Hills Residential Planned Unit Development for property located at 765 Preston Road and for a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, to permit 42 single-family lots, all of which is described herein (Proposal No. 2009P-003-001). The bill was approved by the Planning Commission.
Mr. Coleman to defer the bills to the November public hearing, the bills being requested by Dale and Associates, 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 Council Bill BL2007-1409 for a portion of the previously approved High Point Specific Plan District located at 6640 Nolensville Pike, approximately 610 feet north of Concord Hills Drive (4.25 acres), to add "retail" as a permitted use in the SP district, all of which is more particularly described herein (Proposal No. 2007SP-040-001). The bill was approved by the Planning Commission. Mr. Toler 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. Toler 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 making applicable the provisions of a request for preliminary and final site plan approval for a proposed Planned Unit Development located at 1400 McGavock Pike, at the southeast corner of McGavock Pike and Riverside Drive, zoned CN (0.18 acres), to permit an existing 3,419 square foot restaurant an exemption from beer regulations requiring a 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-002-001). The bill was approved by the Planning Commission. Mr. Cole 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. Cole 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 R8 to IWD zoning for a portion of property located at 2506 Brick Church Pike, approximately 2,050 feet north of W. Trinity Lane (7.4 acres), all of which is described herein (Proposal No. 2009Z-029PR-001). The bill was approved by the Planning Commission. Mr. Harrison 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. Harrison 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 SP to RS10 zoning for properties located at 3017-A and 3019-A New Natchez Trace, approximately 290 feet north of Sterling Road (0.68 acres), all of which is described herein (Proposal No. 2009Z-025PR-001). The bill was approved by the Planning Commission. Mr. McGuire 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. McGuire 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 canceling a portion of the Williamsburg at Brentwood Planned Unit Development District Overlay on property located at 5845 Cloverland Drive, approximately 545 feet west of Saddlewood Lane, approved for six single-family lots (2.99 acres), zoned R40, all of which is described herein (Proposal No. 94P-016-001). The bill was approved by the Planning Commission. Mr. Toler 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. Toler 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 CN to SP zoning for property located at 1516 Ordway Place, at the southwest corner of Ordway Place and North 16th Street (0.12 acres), to permit a two-story mixed-use building with six residential dwelling units and 1,167 square foot of commercial/office spaces, located within the Five Points Redevelopment District and the Lockeland Springs Neighborhood Conservation Overlay, all of which is described herein (Proposal No. 2009SP-012-001). 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 favor of and 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 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 previously approved Planned Unit Development district for property abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified CL and approved for various retail, office and restaurant uses, to modify the condition pertaining to the use of $50,000 for improvements to Franklin Pike Circle, all of which is more particularly described herein (Proposal No. 94P-009-001). The bill was approved by the Planning Commission. Mr. Toler 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. Toler 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 CN, MUL, and R6 to SP zoning for properties located at 1501 and 1505 9th Avenue North, 9th Avenue North (unnumbered), and 906 Cheatham Place, at the northwest corner of 9th Avenue North and Cheatham Place (0.77 acres), to permit a three-story, 38 unit multi-family complex, all of which is described herein (Proposal No. 2009SP-007-001). The bill was approved by the Planning Commission. Ms. Gilmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing and honoring Sergeant Mark Chesnut of the Metropolitan Nashville Police Department for his bravery in the line of duty.
A resolution recognizing Brenda Lee upon receiving the Recording Academy’s Lifetime Achievement Award.
A resolution recognizing and congratulating McGavock High School’s Stacey C. Hinchman on being named the 2009-2010 “High School Teacher of the Year” for Metropolitan Nashville Public Schools.
A resolution recognizing and congratulating Two Rivers Middle School Principal William (Bill) Moody on being named the 2009-2010 “Middle School Principal of the Year” for Metropolitan Nashville Public Schools.
A resolution recognizing the 100th Anniversary of the National Association for the Advancement of Colored People (NAACP).
A resolution recognizing and supporting the Native American Indian Association on their efforts to raise funds and to designate October as “Native American Indian Month” in Tennessee.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, 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, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (37); “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, 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, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (37); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance approving an amendment and extension of the Recycling Services Agreement between The Metropolitan Government of Nashville and Davidson County and QRS, Inc., formerly Rivergate Recycling. 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 Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on certain parcels of property for use in the greenway system. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Director of Public Property, or his designee, to negotiate and enter a lease for the Metropolitan Government, for the use and benefit of the Greenway Commission, on a certain parcel of property for use in the greenway system. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept donations of real property for use as part of the parks system (Proposal No. 2009M-014PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on certain parcels of property for use in the greenway system (Proposal No. 2009M-081ES-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of an unnamed road from Holt Road southward to a dead end (Proposal No. 2009M-004AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Chapter 17.04 of Title 17 of the Metropolitan Code of Laws, Zoning Regulations, to modify the definitions of “Family” and “Residence for handicapped, more than eight individuals” to clarify the individuals included in the definition (Proposal No. 2009Z-037TX-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.
An ordinance amending Chapter 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, to repeal the requirement that all amendments to the official zoning map or zoning regulations be submitted to the department of law for a statement as to legality (Proposal No. 2009Z-016TX-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.
An Ordinance amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow artisan distilleries as a permitted use in the commercial core, core frame and industrial zoning districts, and to make a technical change to the land use tables pertaining to microbreweries (Proposal No. 2009Z-036TX-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.
An ordinance amending Sections 6.54.010 and 17.04.060 of the Metropolitan Code pertaining to the definitions of adult/sexually oriented bookstores and video stores, all of which is more specifically described herein (Proposal No. 2009Z-017TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission; Codes, Fair and Farmers Market; Health, Hospitals and Social Services; and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance amending Section 5.16.070 of the Metropolitan Code pertaining to the forty-five dollar ($45.00) “victims assistance assessment” to remove Ujima House, Inc., as one of the programs to receive funds collected through the assessment. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.