|
Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Walter Hunt.
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, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (39); Absent: Garrett, Claiborne (2).
The Minutes of the regular meeting of January 3, 2012, were approved.
- PROPOSED RULES AMENDMENT -
The following proposed amendment to the Rules of Procedure of the Metropolitan Council was distributed and will be considered at the next regular meeting of Council:
The 2011-2015 Rules of Procedure of the Council be amended by deleting the provisions of said rule and substituting with the following new provisions:
12. Zoning public hearings
Public hearings on zoning bills shall be held on the first meeting of each month. The Clerk shall exclude ordinances on public hearing from any other Council meeting, except when required by law to be earlier held. This rule shall not preclude any other matters from being considered on the first meeting of each month other than honorary resolutions as provided in Rule 24.
- ELECTIONS AND CONFIRMATIONS -
Director of Law
Appointment of Mr. Saul Solomon for term set by Charter. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution approving amendment two to a grant from the Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services. The resolution was approved by the Budget and Finance Committee.
A resolution accepting a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for Juvenile Accountability Block Grant (JABG) funding to enhance court staffing to supervise delinquent youth.
The resolution was approved by the Budget and Finance Committee.
A resolution accepting a donation from Fred’s Inc. to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Nashville Fire Department for public fire safety education. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Christi Carter against the Metropolitan Government of Nashville and Davidson County in the amount of $25,000.00. The resolution was approved by the Budget and Finance Committee.
Having been unanimously approved by all of the appropriate Committees, Mr. Steine moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
- RESOLUTIONS -
In order to comply with a directive issued by the state Comptroller of the Treasury regarding the continuance or termination of a derivative product as part of refunded debt, Finance Director Richard M. Riebeling read the following statement into the record prior to the Council’s consideration of Resolution No. RS2012-130:
INFORMATION REQUIRED BY TENNESSEE COMPTROLLER OF THE TREASURY WITH REGARD TO THE PROPOSED CURRENT REFUNDING OF TMBF LOAN AND ITS IMPACT ON OUTSTANDING INTEREST RATE SWAP
The Metropolitan Government is undertaking the current refunding to convert the variable-rate Tennessee Municipal Bond Fund (the “TMBF Loan”) to fixed rate while municipal long-term interest rates are at historically low levels.
The current refunding will also eliminate the Metropolitan Government’s exposure to any interest rate risk associated with the 2008 TMBF Loan.
The Metropolitan Government’s Debt Management Policy permits the refunding of debt to mitigate irregular debt service payments that are associated with variable rate debt. The Policy also states that to maintain a predictable debt service burden, the Metropolitan Government will generally give preference to debt that carries a fixed interest rate.
Related to the TMBF Loan, the Metropolitan Government is party to an interest rate swap with SunTrust Bank, dated May 15, 2006. The interest rate swap is a hedging derivative instrument maintained by the Metropolitan Government in order to manage its exposure to market risk from fluctuation in interested rates on the TMBF Loan.
All terms of the swap will remain in effect and expire May 15, 2026. The credit rating of SunTrust Bank at June 30, 2011 is “A”. The Fair Value of the swap contract was a liability of $11,684,102 at June 30, 2011 and is recorded in noncurrent liabilities in the statement of Net Assets.
This swap will be continued and will be assigned to the Metropolitan Government General Obligation Commercial Paper Notes, which is expected to qualify as an effective swap pursuant to GASB 53. While the final results of the hedge effectiveness testing as of June 30, 2012 cannot yet be determined, the Metropolitan Government expects that the interest rate swap will be found to be an effective hedging instrument at fiscal year-end using one of the quantitative testing methods.
The Metropolitan Government anticipates minimal impact between the swap rate and the Commercial Paper rate—based on a preliminary analysis as both historical and projected rate data show a strong correlation between the two indices.
If at any point the interest rate swap ceases to be effective for purposes of GASB 53, the Metropolitan Government must recognize an accounting expense in the amount of the then-current fair value of the swap. Thereafter, the Metropolitan Government would be required to record changes in the fair value of the swap as either a revenue or expense item for accounting purposes. In any event, the Metropolitan Government does not anticipate that any accounting recognition would be material to the Metropolitan Government’s budget, as a whole.
A resolution authorizing the execution, terms, issuance, sale and payment of general obligation refunding bonds in one or more series in the aggregate principal amount of not to exceed $280,000,000. The resolution was approved by the
Budget and Finance Committee. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving amendment one to a contract for services between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Community Food Advocates to purchase services to increase access to healthy food and physical activity opportunities, particularly in low-income neighborhoods. The resolution was approved by the Budget and Finance Committee; the Health, Hospitals and Social Services Committee disapproved the resolution. Ms. Weiner moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (36); “Abstaining” Evans, Duvall (2);
- BILLS ON INTRODUCTON AND FIRST READING -
An ordinance amending Section 2.04.030 of the Metropolitan Code to require fiscal impact statements to be prepared for pending legislation. 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.
An ordinance amending Chapter 17.40 of the Metropolitan Code relative to the period of inactivity for nonconforming uses and for nonconforming structures damaged by a disaster, all of which is more particularly described herein (Proposal No. 2012Z-001TX-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.
- BILLS ON SECOND READING -
An ordinance amending Chapter 6.74 of the Metropolitan Code pertaining to the regulation and operation of motorized, non-taxi passenger vehicles for hire. The bill was approved by the Transportation and Aviation Committee and disapproved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees; the Convention, Tourism and Public Entertainment Facilities Committee took no action. Ms. Blalock moved to defer the bill indefinitely which motion was seconded and adopted by a voice vote of the Council.
An ordinance naming the General Sessions Court Judicial Library in honor of Judge Leon Ruben. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Tygard moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance adding a new Chapter 10.90 to the Metropolitan Code of Laws to authorize the acceptance of incomplete infrastructure for public completion and maintenance under limited circumstances in the interest of public health and safety. The bill was approved by the Budget and Finance, Public Works and Planning, Zoning and Historical Committees. 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 amending Chapter 15.52 of the Metropolitan Code pertaining to the extension of water mains to properties served by wells. The bill was approved by the Public Works Committee; the Budget and Finance Committee approved the bill and re-referred the bill to the Budget and Finance Committee. Mr. Stanley moved to pass the bill on second reading, which motion was seconded. After discussion, Mr. Stanley withdrew his motion to pass and moved to defer the bill on second reading and re-refer the bill to the Budget and Finance Committee.
An ordinance authorizing the acquisition of certain right of way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2011-M-4, sidewalk improvements on Harding Place from Nolensville Pike to I-24 (Proposal No. 2012M-002PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Harmon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of certain right of way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2010-B-002, bridge replacement on Orlando Avenue (Proposal No. 2010M-027ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. 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 abandoning 450 feet of an 8 inch sanitary sewer line and public utility easements retained by Ordinance No. O65-483 and Ordinance No. O79-1477 and to accept the relocation of 234 feet of an 8 inch DIP sewer main and a manhole located at 28th Avenue North (unnumbered) (Proposal No. 2011M-015ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Weiner moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
A ordinance authorizing Trevecca Nazarene University to install, construct and maintain an underground encroachment between 93 and 86 Nance Lane (Proposal No. 2012M-001EN-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. 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 the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 1806 (Proposal No. 2012M-001AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. 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 the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Fransworth Drive right-of-way (Proposal No. 2011M-012AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Traffic and Parking and Planning, Zoning and Historical Committees; the Public Works Committee deferred the bill by rule. Ms. Evans moved to suspend the rules to allow the bill to be heard and no objection as made. Ms. Evans moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by changing the name of Centennial Place to “Wayne Wise Place” (Proposal No. 2011M-001SR-001). The bill was disapproved by the Planning Commission and approved by the Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Baker moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2011-47
An ordinance to amend Title 8 and Title 17 of the Metropolitan Code to modify the regulations and standards pertaining to the keeping of chickens (Proposal No. 2011Z-020TX-001). Ms. Bennett offered a substitute ordinance and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 8 and Title 17 of the Metropolitan Code to modify the regulations and standards pertaining to the keeping of chickens (Proposal No. 2011Z-020TX-001). The bill was approved by the Planning Commission. The bill was disapproved by the Health, Hospitals and Social Services and Planning, Zoning and Historical Committees. Ms. Bennett moved to pass the bill on third reading, which motion was seconded. Mr. Duvall offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by the following vote: “Ayes” Matthews, Hunt, Jernigan, Glover, Tenpenny, Moore, Allen, Baker, Langster, Harmon, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (18); “Noes” Tygard, Maynard, Harrison, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Stanley, Weiner, Evans, Holleman, McGuire, Blalock (17); “Abstaining” Barry, Steine, Gilmore (3). Mr. Glover offered Amendment No. 2 and moved for its adoption, which motion was seconded and failed by a roll call vote. The matter recurred on the motion to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Stites, Allen, Gilmore, Langster, Evans, Holleman, McGuire, Todd (21); “Noes” Tygard, Jernigan, Glover, Stanley, Tenpenny, Baker, Weiner, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Mitchell (15); “Abstaining” Moore, Bedne (2).
An ordinance naming the Madison Police Precinct in honor of Officer Paul Scurry. The bill was approved by the Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Pridemore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to LifePoint Hospitals, Inc. (and its subsidiaries) and its Project Developer. The bill was approved by the Budget and Finance Committee. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Moore, Allen, Gilmore, Baker, Langster, Weiner, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (31); “Noes” Stites, Stanley, Tenpenny, Dominy, Duvall (5).
An ordinance approving an affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, Division of Emergency Medical Services, and Bar Education, Inc. for students to receive clinical instruction and training. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Mitchell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before August 16, 2011. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of a portion of Sixth Street to “Jones Pointe” (Proposal No. 2011M-003SR-001). The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Jernigan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
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 12th Avenue South (Proposal No. 2011M-011AB-001).The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance authorizing the abandonment of 102 feet of storm sewer and a 10 foot public utility and drainage easement on properties located at 620 and 624 Belle Park Circle on the north side of Forrest Park Drive in connection with Project 11-DL-45 (Proposal No. 2011M-018ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
An ordinance amending Section 11.12.070 of the Metropolitan Code to limit noise from establishments in the downtown area during hours when they are not open for business. The bill was approved by the Codes, Fair and Farmers Market and Public Safety-Beer and Regulated Beverages Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
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 MUL to SP zoning for a portion of properties located at 2300 and 2302 Riverside Drive, at the intersection of Riverside Drive and McGavock Pike (0.19 acres), to permit an animal boarding facility and all uses permitted in the MUL district, all of which is described herein (Proposal No. 2011SP-027-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Anthony Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
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 MUL-A zoning for properties located at 5102, 5104, 5106 and 5108 Delaware Avenue, approximately 150 feet west of 51st Avenue North (0.69 acres), all of which is described herein (Proposal No. 2011Z-019PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
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 OR20 zoning for properties located at 7201 Charlotte Pike and at Charlotte Pike (unnumbered), approximately 3,400 feet east of Old Hickory Boulevard (15.98 acres), all of which is described herein (Proposal No. 2011Z-021PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Weiner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 BL2007-1357) for the previously approved Gaylord Specific Plan District (106.9 acres), and to add properties zoned R15 and CL, located at 2716, 2728 and 2730 Pennington Bend Road and at McGavock Pike (unnumbered) (22.24 acres) for a total of 129.14 acres within the SP district, all of which is described herein (Proposal No. 2007SP-014-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Mitchell (36); “Noes” (0); “Abstaining” Todd (1).
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 ON zoning for a portion of property located at 3614 Baxter Avenue, approximately 390 feet north of Hart Lane (0.12 acres), all of which is described herein (Proposal No. 2011Z-023PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Bennett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
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 SP zoning for property located at 5828 Nolensville Pike, approximately 1,400 feet south of Old Hickory Boulevard (1.08 acres), to permit an automatic car wash facility and all uses permitted in the CL District, all of which is described herein (Proposal No. 2011SP-012-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Blalock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
Without objection Bill Nos. BL2011-73 and BL2011-74 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 the Davenport Downs SP District for properties located at 4334 Maxwell Road and Maxwell Road (unnumbered), approximately 430 feet east of Flagstone Drive (65.74 acres), to permit 207 single-family residential units where 318 residential units were previously approved, all of which is described herein (Proposal No. 2006SP-081-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment.
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 District to AR2a zoning for property located at Maxwell Road (unnumbered), approximately 1,575 feet east of Flagstone Drive (9.52 acres) and within the Floodplain Overlay District, all of which is described herein (Proposal No. 2006SP-081-002). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment.
Mr. Duvall moved to defer the bills, 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 a portion of the Seven Springs Planned Unit Development Overlay District for property located at 323 Seven Springs Way, opposite Cloverland Drive (3.71 acres), zoned OR40, to permit 144 multi-family units in a four-story building where 72 multi-family units were previously approved, all of which is described herein (Proposal No. 98P-007-002). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Banks moved to defer the bill, 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 to SP zoning for properties located at 6028 and 6030 Neighborly Avenue and at 317, 319 and 321 Balmy Avenue, at the northwest corner of Neighborly Avenue and Balmy Avenue (0.99 acres), to permit auto sales (used), auto repair and all uses permitted in the CS district, all of which is described herein (Proposal No. 2011SP-029-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
Without objection Bill Nos. BL2011-77 and BL2011-78 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 changing from AR2a to CS zoning for property located at 5924 Mt View Road, approximately 600 feet north of Murfreesboro Pike (1.28 acres), all of which is described herein (Proposal No. 2011Z-022PR-001). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.
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 Pro N Stall Commercial Planned Unit Development Overlay for property located at 5924 Mt View Road, approximately 600 feet north of Murfreesboro Pike (1.28 acres), zoned AR2a and proposed for CS, to permit the conversion of a single-family residence for building contractor supply and distributive business wholesale uses and in the future to replace the building with two new buildings for a total of 11,350 square feet to permit all uses of the CS district, all of which is described herein (Proposal No. 2011P-001-001). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.
Mr. Duvall moved to pass the bills on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (33); “Noes” Allen (1); ’ “Abstaining” Barry, Steine, Maynard (3).
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 Mansion at Fontanel SP District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres) and within the Floodplain Overlay District, to modify a condition of BL2009-561, all of which is described herein (Proposal No. 2009SP-022-004). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee defer the bill by rules. Mr. Hunt moved to suspend the rules to allow the bill to be heard and no objection was made. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to modify Section 17.16.030.E (Adaptive Residential Development) (Proposal No. 2011Z-018TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (36); “Noes” (0).
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 1809 Gallatin Pike, northeast of Myatt Drive (4.93 acres), to permit automobile sales (used), automobile service, automobile repair, car wash, and all uses permitted in the CS district, all of which is described herein (Proposal No. 2012SP-001-001). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Pardue moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0); Abstaining: Bedne (1).
Upon motion duly seconded, the meeting was adjourned.