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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 Sherry Cothran Woolsey, Pastor of West Nashville United Methodist 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: Garrett, Barry, Steine, Maynard, 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, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (39); Absent: Tygard, Matthews (2).
The Minutes of the regular meeting of August 17, 2010, were approved.
- ELECTIONS AND CONFIRMATIONS -
President Pro Tempore
The President called for nominations for President Pro Tempore of the Metropolitan Council for a one-year term expiring August 31, 2011. Mr. Holleman nominated Mr. Hunt, which motion was seconded. There being no further nominations, the President declared the nominations closed. Mr. Holleman moved to elect Mr. Hunt by acclamation as President Pro Tempore, which motion was seconded and adopted by a unanimous vote of the Council.
Community Education Commission
The President announced that nominations are being accepted to fill a vacancy on the Community Education Commission for a nonprofit adult literacy organization representative, which seat is to be filled by the Council. Nominations must be filed with the Metropolitan Clerk not later than 4:00 pm on Tuesday, September 14, 2010. Nominees will be referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and the appointment will be made at the next regular meeting of the Council.
Airport Authority
Appointment of Ms. Debbie Wright for a term expiring April 5, 2012. Ms. Wright will fill the unexpired term of Mr. Bill Martin. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Human Relations Commission
Appointment of Mr. Nimesh Patel for a term expiring April 18, 2012. Mr. Patel will fill the unexpired term of Mr. Dennis Nunez. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Property Standards and Appeals Board
Appointment of Mr. Bobby Boner for a term expiring August 6, 2012. Mr. Boner will fill the unexpired term of Ms. Anna Shepherd. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Nicole Dunigan for a term expiring April 7, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Tourism & Convention Commission
Reappointment of Ms. Amy Atkinson for a term expiring June 30, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- BILLS ON PUBLIC HEARING -
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 existing Green Hills Urban Design Overlay District to modify variations to the conventional standards of the underlying base zoning, located along Hillsboro Pike, Hillsboro Drive, Hillsboro Circle, Hobbs Road, Warfield Drive, Richard Jones Road, Bandywood Drive, and Abbott Martin Road (107.87 acres) classified SCR, all of which is more particularly described herein (Proposal No. 2002UD-001-001). Mr. McGuire moved to defer the bill to the January public hearing, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 17.40.740 of Title 17 of the Metropolitan Code, Zoning Regulations, to provide a waiver of the zoning application fee for Members of Council requesting the rezoning of ten or more parcels from a specific plan district to another base zoning district, all of which is more specifically described herein (Proposal No. 2010Z-011TX-001). The Planning Commission made no recommendation. Mr. Hollin 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. Hollin moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2010-736
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 portions of the Gallatin Pike Improvement District Specific Plan for properties located along Main Street, Gallatin Pike and Gallatin Avenue between Chicamauga Avenue and Greenwood Avenue and between Cahal Avenue and Burchwood Avenue (27.41 acres), by deleting the Mixed Housing land use category and replacing with the Mixed Use land use category of the Gallatin Pike SP, all of which is described herein (Proposal No. 2007SP-122-005). The bill was approved by the Planning Commission. Mr. Hollin 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 passage of the bill. The President declared the public hearing closed. Mr. Hollin offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2010-736
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 portions of the Gallatin Pike Improvement District Specific Plan for properties located along Main Street, Gallatin Pike and Gallatin Avenue between Chicamauga Avenue and Greenwood Avenue and between Cahal Avenue and Burchwood Avenue (27.41 acres), by deleting the Mixed Housing land use category and replacing with the Mixed Use land use category of the Gallatin Pike SP and permitting Animal Boarding Facilities with conditions, all of which is described herein (Proposal No. 2007SP-122-005). Mr. Hollin 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. BL2010-737 and BL2010-738 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 canceling the Parmley Commercial Planned Unit Development District Overlay located on a portion of property at 3705 Whites Creek Pike, approximately 2,450 feet north of Green Lane, approved for an 80,000 square foot office and retail development, zoned SCN (12.07 acres), and proposed for RS10 zoning, all of which is described herein (Proposal No. 88-042P-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 changing from SCN, RS15 and RS20 to RS10 zoning for property located at 3705 Whites Creek Pike, including the Parmley Commercial PUD, approximately 2,450 feet north of Green Lane (38.39 acres), all of which is described herein (Proposal No. 2010Z-011PR-001). The bill was approved by the Planning Commission.
Mr. Hunt 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Hunt moved to pass the bills 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 Neighborhood Landmark District for properties located at 400 and 404 Wisteria Lane, at the northwest corner of Wisteria Lane and Central Pike (0.46 acres), zoned R8, all of which is described herein (Proposal No. 2010NL-003-001). 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.
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 CL to SP zoning for properties located at 5000, 5010 and 5012 Clarksville Pike, approximately 2,350 feet north of Lloyd Road (32.15 acres), to permit up to 215 residential units, 7,500 square feet of commercial/retail use, and 7,500 square feet of office use, all of which is described herein (Proposal No. 2010SP-002-001). 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 no one came forward to be heard. 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 OR20 to SP zoning for property located at 4101 Hillsboro Circle, opposite Hillsboro Drive and located within the Green Hills Urban Design Overlay District and partially within the Floodplain Overlay District (0.17 acres), to permit general retail, convenience retail and all uses permitted by OR20, all of which is described herein (Proposal No. 2010SP-014-001). The bill was disapproved by the Planning Commission. Mr. McGuire moved to withdraw the bill because of concerns about the proposed use of the property, the bill being requested by Emad Eshak, 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 R10 to ON zoning for properties located at 3200 Knight Drive, approximately 230 feet north of Briley Parkway (1.13 acres), all of which is described herein (Proposal No. 2010Z-017PR-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 no one came forward to be heard. 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 SP to AR2a zoning for property located at 7874 McCrory Lane and partially within the Floodplain Overlay District, approximately 1,850 feet south of Highway 70 S (36.2 acres), all of which is described herein (Proposal No. 2010Z-019PR-001). The bill was approved by the Planning Commission. Mr. Mitchell 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. Mitchell 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 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow recreation centers as a special exception use in the AG and AR2a zoning districts (Proposal No. 2010Z-015TX-001). The bill was approved by the Planning Commission. Mr. Dominy 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. Dominy moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 17.16.290 of Title 17 of the Metropolitan Code, Zoning Regulations, to require that a resident of the dwelling on which a residential amateur radio antenna is located possess a current, valid FCC license (Proposal No. 2010Z-016TX-001). Ms. Page moved to defer the bill to the November public hearing, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing the Nashville nonprofit sector for its extraordinary efforts following the May 2010 flood.
A resolution recognizing the Nashville Sounds for their flood recovery initiative.
A resolution recognizing and congratulating newly elected president of the American Correctional Association Davidson County Sheriff Daron Hall.
A resolution recognizing David Fox for his service to the Metropolitan Nashville Board of Education.
A resolution recognizing Steve Glover for his service to the Metropolitan Nashville Board of Education.
A resolution recognizing Mr. Ray Barrett, Administrator of Elections for Davidson County, on the occasion of his retirement with Metropolitan Government.
A resolution honoring Steven J. Edelstein for his service to our community.
A resolution recognizing Nashville Area Habitat for Humanity CEO Chris McCarthy on the occasion of her retirement.
A resolution recognizing the Metropolitan Nashville Police Department’s Central Precinct.
A resolution recognizing Tennessee’s yearlong celebration in 2010 – the 20th Anniversary of the signing of the Americans with Disabilities Act.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Adkins moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, 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, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
Mr. Hollin requested a suspension of the rules to call up Resolution RS2010-1349 and no objection was made.
A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. Councilman Hollin moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.
The regular order of business was resumed was this time.
- 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. Adkins offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council Mr. Adkins moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Steine, Maynard, 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, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
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 Ordinance No. BL2005-543 to modify a condition pertaining to the restriction of access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (2009Z-015PR-001). Mr. Mitchell moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapters 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to designate bars and restaurants as uses permitted with conditions and to add certain location restrictions for these uses, all of which is more specifically described herein (Proposal No. 2010TX-017-001). 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 Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.16.250 pertaining to cosmetology and barber shops as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2009Z-032TX-001). Mr. Stanley moved to defer the bill to the second meeting in October for further consideration, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a Memorandum of Understanding between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the International Association of Chiefs of Police, regarding participation in an officer injury study. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer & Regulated Beverages Committees by a voice vote of the Council.
BILL NO. BL2010-756
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 10-R-1, 28th /31st Avenue Connector, from Park Plaza to approximately 350 feet north of Charlotte Avenue (Proposal No. 2010M-008PR-001). Ms. Langster offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2010-756
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 10-R-1, 28th Avenue / 31st Avenue Connector, from Park Plaza to the south side of the Nashville and Western Railroad tracks (Proposal No. 2010M-008PR-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.
An ordinance authorizing the acceptance or acquisition of easements by negotiation or condemnation for the purpose of construction of sidewalks and associated improvements along the west side of Oakwood Avenue between Slaydon Avenue and Bullock Avenue, Proposal No.2010M-026ES-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.
An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located in the Bellevue area along Old Hickory Boulevard between Interstate 40 and Highway 70 South, all of which is more particularly described herein. 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.
An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located in the Bellevue area along Old Hickory Boulevard between Interstate 40 and Highway 70 South, all of which is more particularly described herein. 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.
Upon motion duly seconded, the meeting was adjourned.