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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in adjourned session on this date at 6:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Duane Dominy.
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, Tygard, Steine, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (36); Absent: Barry, Maynard, Matthews, Gilmore, Evans (5).
The Minutes of the regular meeting of October 19, 2010, were approved.
- ELECTIONS AND CONFIRMATIONS -
Health and Educational Facilities Board
The President called for an election to fill a six-year term on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. The nomination previously made was Mr. Stephen L. Meyer. Mr. Adkins reported that the Rules-Confirmations-Public Elections Committee had interviewed the nominee and found him qualified to serve. Mr. McGuire moved that Mr. Meyer be elected by acclamation, which motion was seconded and adopted by a unanimous vote of the Council. The President declared that Mr. Meyer was elected to a six-year term expiring September 30, 2016, on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County.
Historical Commission
Appointment of Mrs. Annette Levy Ratkin for a term expiring August 10, 2014. 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.
Transportation Licensing Commission
Reappointment of Ms. Jennifer Brundige for a term expiring October 10, 2012. 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.
Reappointment of Ms. Helen S. Rogers for a term expiring October 10, 2012. 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.
Reappointment of Mr. Tom Turner for a term expiring October 10, 2012. At the request of the nominee, the confirmation was deferred.
- BILLS ON PUBLIC HEARING -
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). 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 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). Ms. Wilhoite moved to defer the bill indefinitely, as the bill is still being considered by the Planning Commission, 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 SP District (adopted with Council Bill BL2009-590) for the previously approved 25th & Clarksville Specific Plan District, located at 2400 Clarksville Pike, between 24th Avenue North and 25th Avenue North (2.39 acres), to amend the conditions pertaining to wall-mounted signage, all of which is described herein (Proposal No. 2009SP-027-003). 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 R40 to AR2a zoning for various properties located at 7739 Charlotte Pike and at Charlotte Pike (unnumbered), approximately 4,700 feet west of Sawyer Brown Road (65.49 acres), all of which is described herein (Proposal No. 2010Z-025PR-001). Mr. Crafton moved to defer the bill to the January public hearing pending a Planning Commission recommendation, the bill being requested by David Lowry, 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 R15 to CL zoning for property located at 7300 Charlotte Pike, at the corner of Charlotte Pike and Old Charlotte Pike (7.35 acres), all of which is described herein (Proposal No. 2010Z-023PR-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 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 a portion of property located at 4123 Clarksville Pike, approximately 950 feet south of Kings Lane (0.0009 acres), all of which is described herein (Proposal No. 2010Z-022PR-001). The bill was approved by the Planning Commission. Mr. Gotto, on behalf of the sponsor, 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. Gotto 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 MUL zoning for property located at 4000 Albion Street, at the northwest corner of Albion Street and 40th Avenue North (0.1 acres), all of which is described herein (Proposal No. 2010Z-024PR-001). The bill was approved by the Planning Commission. Ms. Langster 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. Langster 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 Commercial Planned Unit Development located at Old Hickory Boulevard (unnumbered), at the northeast corner of Old Hickory Boulevard and I-40, zoned CL (5.93 acres), to permit 39,612 square feet of retail and restaurant uses where a 124-room motel and 8,140 square feet of commercial uses were previously approved, all of which is described herein (Proposal No. 118-85P-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 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 zoning for properties located at 7022 Nolensville Pike, Nolensville Pike (unnumbered), and Burkitt Road (unnumbered), at the southeast corner of Nolensville Pike and Burkitt Road (17.98 acres), to permit commercial uses, all of which is described herein (Proposal No. 2009SP-006-001). 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 IG to SP zoning for property located at 12761 Old Hickory Boulevard, approximately 350 feet north of Logistics Way (3.28 acres), to permit daycare center, personal care instruction, retail and restaurant/bar uses as well as certain uses permitted in the IG zoning district, all of which is described herein (Proposal No. 2010SP-012-001). Mr. Coleman moved to defer the bill indefinitely while the bill is further reviewed, the bill being requested by Saeed Sassan, 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 SP District (adopted with Council Bill BL2009-561) for the previously approved Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to amend the allowed capacity of the Seasonal Performance Entertainment Venue from 2,500 to 4,500 persons, to amend the event season from May 1-October 31 to April 1-November 30, to amend the maximum number of events from eight (one per month with two floating dates) to fourteen (one per month with six floating dates ) with no more than two per month, and to allow unimproved seasonal parking on the east side of Whites Creek, all of which is described herein (Proposal No. 2009SP-022-003). 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 R6 to SP zoning for properties located at 1078 2nd Avenue South and at 112 Mildred Shute Avenue, at the northeast corner of 2nd Avenue South and Mildred Shute Avenue (0.13 acres), to permit the development of three residential dwelling units, all of which is described herein (Proposal No. 2010SP-015-001). 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. 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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County relative to Personal Care Services in Nashville and Davidson County, all of which is more particularly described herein (Proposal No. 2010Z-018TX-001). The bill was approved by the Planning Commission. Mr. Gotto 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. Gotto 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 Regulations, relative to Nonconforming Uses and Structures, all of which is more particularly described herein (Proposal No. 2010Z-019TX-001). Mr. Cole moved to defer the bill to the January public hearing for further discussion on the proposal, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Section 17.40.650 of the Metropolitan Code, Zoning Regulations, to provide for relocation of Nonconforming Uses, all of which is more particularly described herein (Proposal No. 2010Z-020TX-001). 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 opposition to passage of the bill. The President declared the public hearing closed. Mr. Hollin moved to defer the bill on second reading so that an amendment can be drafted, 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 to SP zoning for property located at 1044 Murfreesboro Pike, at the southeast corner of Murfreesboro Pike and Philfre Court (0.22 acres), located partially within the Floodplain Overlay District, to permit all uses permitted by CS zoning and automobile repair, all of which is described herein (Proposal No. 2010SP-013-001). The 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 no one came forward to be heard. 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.
Mr. Duvall requested a suspension of the rules to call up BL2010-658 and no objection was made.
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 (UDO) district to be known as the Pin Hook UDO to properties located at 3534 and 3562 Pin Hook Road, Pin Hook Road (unnumbered), and at Hamilton Church Road (unnumbered), east of Murfreesboro Pike, zoned RM9 (88.39 acres), to apply building design and typology standards to lots zoned as RM9, all of which is more particularly described herein (Proposal No. 2010UD-002-001). Mr. Duvall moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
The regular order of business was resumed was this time.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Jane Branstetter Stranch on her confirmation as a Federal Court of Appeals Judge for the United States Court of Appeals for the Sixth Circuit.
A resolution recognizing Nashville Tennessee radio personality Gerry House of WSIX-FM radio on the occasion of his retirement.
A resolution recognizing Mr. Greg Adkins, as President of the Tennessee County Services Association.
A resolution recognizing the reigning 2010 Miss Black Tennessee USA LaDonna Y. Boyd.
A resolution recognizing the North Nashville Flood Relief Group and volunteers that assisted North Nashville during the May 2, 2010, flood disaster.
A resolution recognizing the Southeast Nashville Recovery Group and volunteers that assisted Southeast Nashville during and after the May 1 and 2, 2010, flood disaster.
A resolution recognizing Antioch First Baptist Church on its 200th anniversary.
A resolution recognizing a century of transforming Tennessee by celebrating the 100th Anniversary of UT Extension and Tennessee 4-H.
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution honoring Nike Corporation for its support of the Nashville community in the aftermath of the May 2010 flood.
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, Tygard, Steine, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” (0). Mr. Adkins abstained from voting on Resolution No. RS2010-1432.
- RESOLUTIONS -
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 moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “Noes” (0).
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution electing one member to the Board of Directors of The Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Crafton, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (33); “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, to modify definitions and regulations pertaining to floodplain development and associated application reviews, all of which is more particularly described herein (Proposal No.2010Z-013TX-001). Mr. Jernigan moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapters 15.20, 15.36, 16.12, 16.16, 16.20, and 16.28 of the Metropolitan Code to provide water and sewer capacity charge credits, and electrical, plumbing, gas/mechanical, and building permit fee discounts for workforce housing developments. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.
An ordinance amending Section 13.08.015 of the Metropolitan Code to require street name changes to be submitted to the Metropolitan Historical Commission for review prior to consideration by the Metropolitan Council. 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 continuing the current ten percent user surcharge to fund water and sewerage system operations, capital improvements, and debt obligations of the Metropolitan Government related to improvements, alterations and extensions of the water and sewerage systems. 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 approving an agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Department of Public Works, and The Nashville Biltmore LP to establish respective responsibilities pertaining to widening and relocation of three ramps at interchange of I-40 with McCrory Lane in Davidson County and realignment and widening of a portion of McCrory Lane, and funding thereof, and authorizing the execution of the same. 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 approving three lease agreements for the lease of space in Hickory Hollow Mall by The Metropolitan Government of Nashville and Davidson County from Hickory Hollow Mall Limited Partnership and Hickory Hollow/SB, LLC. Objection was made to consideration of this bill on first reading and the bill was not considered pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council.
Upon motion duly seconded, the meeting was adjourned.