Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, January 5, 2010


The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.

President Pro Tempore McGuire presided in the absence of President Neighbors.

The invocation was offered by Pastor Ed Stetzer of Two Rivers Baptist Church.

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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd and Mitchell (38); Absent: Garrett, Wilhoite and President Neighbors (3).

The Minutes of the regular meeting of December 15, 2009, were approved.

- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Reappointment of Ms. Linda Lively for a term expiring November 5, 2011. 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.

Plumbing Examiners & Appeals Board
Appointment of Mr. Chris Wehby for a term expiring March 10, 2010. Mr. Wehby will fill the unexpired term of Mr. James Hodge. 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.

Work Release Board
Reappointment of Mr. Don Purdy for a term expiring January 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.

Reappointment of Ms. Dorcas Sheffield for a term expiring January 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.

Industrial Development Board
Notice was given by the President of one vacancy on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County, which vacancies by law are to be filled by the Council. Nominations will be taken at the meeting of January 19, 2010, and an election held to fill the vacancies on February 2, 2010.

- BILLS ON PUBLIC HEARING -

SUBSTITUTE BILL NO. BL2007-30

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 district located at 3214 Murfreesboro Road, approximately 1,590 feet north of Mt. View Road and located within the Hamilton Hills Urban Design Overlay district (9.6 acres), to permit 126 flat units and 39 townhome units, all of which is described herein (Proposal No. 2007Z-157U-13). The bill was approved by the Planning Commission. Mr. Duvall 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. Duvall 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. BL2009-586 and BL2009-588 were considered together.

BILL NO. BL2009-586

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 Title 17 relative to the creation of a new zoning district called the “Downtown Code” (DTC), all of which is more particularly described herein (Proposal No. 2009Z-031TX-001). The bill was approved by the Planning Commission.

BILL NO. BL2009-588

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CC, CF, CS, IG, IR, MUI, MUL, MUN, IWD, and OR20 to DTC for various properties located north of I-40 and south of Jefferson Street (823.92 acres), all of which is described herein (Proposal No. 2009Z-030PR-001). The bill was approved by the Planning Commission.

Mr. Jameson 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. Mr. Jameson offered Amendment No. 1 to Bill No. BL2009-586 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bills on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-589

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 570 Murfreesboro Pike, approximately 820 feet east of Fesslers Lane (1.28 acres), to permit an existing structure to be utilized for auto sales (used), auto repair, and vehicular leasing, all of which is described herein (Proposal No. 2009SP-028-001). 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 no one came forward to be heard. 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.

SUBSTITUTE BILL NO. BL2009-590

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 and CS to SP zoning for properties located at 404, 2404, 2406, 2408, 2410, 2412 and 2418 Clarksville Pike, 2111, 2113 and 2113-B 24th Avenue North, 2104 25th Avenue North and 25th Avenue North (unnumbered), at the northwest corner of Clarksville Pike and 24th Avenue North (2.25 acres), all of which is described herein (Proposal No. 2009SP-027-001). 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.

BILL NO. BL2009-591

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 1535 4th Avenue South, approximately 200 feet north of Moore Avenue (0.3 acres), to permit automobile sales (used), automobile service, and retail, all of which is described herein (Proposal No. 2009SP-030-001). 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 no one came forward to be heard. 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. BL2009-592

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 a portion of property located at 4100 Clarksville Pike, approximately 1,300 feet south of Kings Lane (0.16 acres), all of which is described herein (Proposal No. 2009Z-039PR-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 no one came forward to be heard. The President declared the public hearing closed. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-593

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 630 Murfreesboro Pike, at the northwest corner of Murfreesboro Pike and Transit Avenue (2.65 acres), to permit auto sales, vehicular leasing, vehicular sales and services, limited, heavy equipment sales and service, auto repair, a car wash, and all other uses permitted by CS zoning, all of which is described herein (Proposal No. 2009SP-029-001). 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 no one came forward to be heard. 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. BL2009-594

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 property located at 3605 Hydes Ferry Pike, at the southwest corner of Hydes Ferry Pike and E. Stewarts Lane (5.43 acres), to permit 21 multi-family units and a community clubhouse, all of which is described herein (Proposal No. 2009SP-017-001). 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 citizens were heard in favor of and in opposition to 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. BL2009-595

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 SP District (adopted with Council Bill BL2006-1229) for the previously approved H & M Motors Specific Plan District located at 1525 4th Avenue South, at the northwest corner of 4th Avenue South and Mallory Street (0.44 acres), to add all other uses permitted by CS zoning as permitted uses in the SP District, all of which is more particularly described herein (Proposal No. 2006SP-105-001). 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 no one came forward to be heard. The President declared the public hearing closed. Ms. Moore moved to pass the bill on second reading and defer the bill indefinitely, the bill being requested by Tony and Maryam Sarmadi, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-596

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 and AR2a to SP zoning for property located at Old Hickory Boulevard (unnumbered) and a portion of property located at Murfreesboro Pike (unnumbered), at the southeast corner of Murfreesboro Pike and Hobson Pike (12.91 acres), to permit the development of 112 residential dwelling units and 20,000 square feet of retail or office uses in 2 structures, all of which is described herein (Proposal No. 2009SP-024-001). 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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-597

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to SP zoning for a portion of properties located at 5000 Mountain Springs Road and at Hobson Pike (unnumbered), north of Hobson Pike (40.8 acres), to permit 219 residential dwelling units comprised of 32 single-family lots and 187 multi-family dwelling units, all of which is described herein (Proposal No. 2009SP-025-001). Mr. Coleman moved to defer the bill indefinitely, as a new plan will need to be submitted to the Planning Commission before moving forward with the proposal, the bill being requested by Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2009-598

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 preliminary approval for the Nashville Corners Shopping Center Commercial Planned Unit Development for property located at Murfreesboro Pike (unnumbered), approximately 750 feet south of Hamilton Church Road (2.6 acres), zoned CS, to permit 21,250 square feet of restaurant and retail space and to allow access directly to Murfreesboro Pike, all of which is described herein (Proposal No. 2009P-004-001). The bill was approved by the Planning Commission. Mr. Duvall 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. Duvall 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. RS2010-1083

A resolution recognizing Roy Wilson upon his retirement with the Metropolitan Government.

RESOLUTION NO. RS2010-1084

A resolution recognizing and congratulating District Chief Robert (Bobby) Glenn Connelly, of the Nashville Fire Department upon his 50 years of service as a firefighter.

RESOLUTION NO. RS2010-1085

A resolution recognizing and congratulating Coach Stephen Dorris and the Martin Luther King Magnet High School Boy’s Cross Country Team on winning the 2009 TSSAA Class A/AA State Championship.

RESOLUTION NO. RS2010-1086

A resolution recognizing the 2009 Una Pee Wee Bears Football Team.

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” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2010-1087

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-611

An ordinance amending Chapter 4.12 of the Metropolitan Code to establish best value contracting, minority participation, and local construction and maintenance contracts as the required method of procurement for contracts related to new Convention Center and Hotel facilities on real property owned by the Metropolitan Government or any of its agencies. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees by a voice vote of the Council.

BILL NO. BL2010-612

An ordinance amending Section 12.40.200 of the Metropolitan Code pertaining to the starting of parked vehicles. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2010-613

An ordinance amending Title 16 of the Metropolitan Code pertaining to the moving of houses and other buildings or structures. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2010-614

An ordinance amending Chapters 6.08 and 6.10 of the Metropolitan Code of Laws pertaining to the organizational structure governing the provision of education, community, and arts television programming. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Education, and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.

BILL NO. BL2010-615

An ordinance authorizing the assumption and takeover by The Metropolitan Government of Nashville and Davidson County of all public functions, rights, duties, property, assets, and liabilities connected with Madison Suburban Utility District and assuming service jurisdiction. 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.

Upon motion duly seconded, the meeting was adjourned.