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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 Dr. Andrew Lee Stephens, Jr. of The Village 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: Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (39); Absent: Barry, Langster (2).
The Minutes of the regular meeting of February 21, 2012, were approved.
- ELECTIONS AND CONFIRMATIONS -
Emergency Communications District Board
Appointment of Ms. Ruby Baker for a term expiring February 14, 2016. Ms. Baker will serve as School District 1 representative. 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.
Reappointment of Mr. James Buford Tune for a term expiring February 14, 2016. At the request of the nominee, the confirmation was deferred to March 20, 2012.
Reappointment of Mr. Wayne Tucker for a term expiring February 14, 2016. Mr. Tucker will serve as School District 4 representative. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Fire & Building Code Appeals Board
Reappointment of Mr. James Armstrong for a term expiring March 1, 2016. At the request of the administration, the confirmation was withdrawn.
Appointment of Mr. Bill Wamsley for a term expiring March 1, 2016. Mr. Wamsley will serve as Fire Prevention Specialist representative. 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.
Hospital Authority
Appointment of Dr. Harry Jacobson for a term expiring July 1, 2012. Dr. Jacobson will fill the unexpired term of Dr. Karl VanDervender. 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.
Human Relations Commission
Appointment of Ms. Alistair Newbern for a term expiring April 18, 2013 At the request of the nominee, the confirmation was deferred to March 20, 2012.
Appointment of Mr. Avi Poster for a term expiring April 18, 2013. Mr. Poster will fill the unexpired term of Mr. Frank Stevenson. 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.
Nashville Education, Community & Arts Television Corp (NECAT)
Appointment of Ms. Laurie Hughes for a term expiring February 5, 2015. At the request of the administration, the confirmation was withdrawn.
Sports Authority
Appointment of Mr. Emmett Wynn for a term expiring February 17, 2018. 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.
- 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 changing from CS to SP zoning for property located at 5909 Charlotte Pike, approximately 1,235 feet west of Oceola Avenue (0.75 acres), to permit auto repair, auto sales (used), and all uses permitted by the CS district, all of which is described herein (Proposal No. 2011SP-028-001). The bill was approved by the Planning Commission with conditions and disapproved without conditions. Mr. Baker 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. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance defining conditions for hardships for preservation permits reviewed by the Metropolitan Government’s Historic Zoning Commission (Proposal No. 2012Z-002TX-001). The bill was approved by the Planning Commission. Mr. Claiborne 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. Claiborne 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 17.40 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). 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 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 the OR20 to MUL district for property located at 105 Duling Avenue, approximately 195 feet east of Gallatin Pike (0.19 acres), all of which is described herein (Proposal No. 2011Z-025PR-001). The bill was approved by the Planning Commission. Mr. Pridemore 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. Pridemore 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. BL2012-97 and BL2012-98 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 cancelling the Red Kap Industries Industrial Planned Unit Development Overlay District located at 554 Hickory Hills Boulevard, approximately 1,000 feet north of Old Hickory Boulevard, zoned OR20 and proposed for SP (25.0 acres), all of which is described herein (Proposal No. 96-81P-002).
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 OR20 to SP zoning for property located at 554 Hickory Hills Boulevard, approximately 1,000 feet north of Old Hickory Boulevard (25.0 acres), to permit a building expansion to a maximum of 295,000 total square feet to an existing building permitting distributive business, warehouse and light manufacturing uses, all of which is described herein (Proposal No. 2012SP-003-001). The bill was approved by the Planning Commission with conditions and disapproved without conditions.
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 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 permit Auto Sales New, Auto Sales Used, Auto Service and all uses permitted by MUL-A zoning and to remove the condition required by BL2006-1229 for a sidewalk along Mallory Street, all of which is described herein (Proposal No. 2006SP-105-002). 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 the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pridemore, Jernigan, Stites, Stanley, Moore, Allen, Gilmore, Baker, Evans, Holleman, McGuire, Harmon, Dominy, Johnson, Potts, Todd, Mitchell (27); “Noes” Pardue, Glover, Claiborne, Tenpenny, Weiner, Blalock, Bedne, Duvall (8); “Abstaining” Maynard, Bennett (2).
Without objection Bill Nos. BL2012-100 and BL2012-101 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 the AR2a district to RS10 district for a portion of property located at 1176 Stones River Road, north of Stone Hall Boulevard (4.9 acres), all of which is described herein (Proposal No. 2012Z-003PR-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 amending a portion of the Ravenwood Residential Planned Unit Development Overlay District located on the north side of Stones River Road northwest of Lebanon Pike zoned RM6 and RS10 by adding approximately 4.9 acres zoned AR2a and proposed for RS10 and by changing the layout of a portion of the overlay to permit a total of 337 residential units within the entire overlay, all of which is described herein (Proposal No. 2005P-030-003). 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 CS to SP zoning for property located at 2712 Clarksville Pike, approximately 250 feet east of Ed Temple Boulevard (0.37 acres), to permit vehicular rental/leasing and all other uses permitted by the CS District, all of which is described herein (Proposal No. 2011SP-025-001). The bill was approved by the Planning Commission with conditions and disapproved without conditions. 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 RM6 to SP zoning for property located at Franklin Limestone Road (unnumbered), approximately 1,725 feet east of Antioch Pike (40.18 acres), and within the Floodplain Overlay District, to an asphalt plant and associated uses including temporary mineral extraction allowing blasting and crushing of stone for sale/transfer from the site during site preparation for asphalt plant, all of which is described herein (Proposal No. 2012SP-002-001). The bill was approved by the Planning Commission with conditions and disapproved without conditions. 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Dominy moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Banks, Scott Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Dominy, Duvall, Todd (22); “Noes” Steine, Maynard, Matthews, Harrison, Hunt, Westerholm, Anthony Davis, Moore, Allen, Gilmore, Blalock, Potts, Bedne, Dowell, Mitchell (15); “Abstaining” Johnson (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 the R6 to CS district for properties located at 200, 202, 204 and 206 Oceola Avenue, at the northeast corner of Oceola Avenue and Burgess Avenue (0.91 acres), all of which is described herein (Proposal No. 2012Z-004PR-001). The bill was disapproved by the Planning Commission. Mr. Baker moved to defer the bill indefinitely, the bill being requested by DHJ Associates, Paul and Michelle Somers and Somers Properties, 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 Overlay District for property located at 209 Danyacrest Drive, at the northeast corner of Danyacrest Drive and Jenry Drive (2.78 acres), zoned RS15, all of which is described herein (Proposal No. 2011NL-002-001). 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 citizens were heard in favor of and in opposition to passage of the bill. 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 R10 to SP zoning for property located at 2158 Una Antioch Pike, approximately 1,915 feet south of Murfreesboro Pike (8.9 acres) and within the Floodplain Overlay District, to permit an assisted living and/or nursing facility, all of which is described herein (Proposal No. 2011SP-024-001). The bill was approved by the Planning Commission with conditions and disapproved without conditions. 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 citizens were heard in favor of and in opposition to passage of the bill. 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 Chapter 17.40 of the Metropolitan Code to require replacement panels in multi-tenant signs to be consistent with the other signage on the property, all of which is more particularly described herein (Proposal No. 2012Z-004TX-001). Ms. Johnson moved to defer the bill to the May public hearing, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 17.40 of the Metropolitan Code to add requirements in the conversion of nonconforming static billboards to tri-face billboards, all of which is more particularly described herein (Proposal No. 2012Z-006TX-001). Ms. Johnson moved to defer the bill to the May public hearing, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Keep America Beautiful Great American Cleanup and designating March, April and May 2012 as “Great American Cleanup Months” in Metropolitan Nashville and Davidson County.
A resolution recognizing and congratulating the Metropolitan Department of Information Technology Services for its efforts leading to the Metropolitan Government of Nashville and Davidson County being named a “Top 3 Digital City Government”.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
- RESOLUTION -
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
- BILLS ON INTRODUCTON AND FIRST READING -
An ordinance amending Chapter 7.20 of the Metropolitan Code to allow beer distributors to have two places of business within the area of the Metropolitan Government under certain circumstances. 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.
An ordinance amending Chapter 10.18 of the Metropolitan Code to prohibit smoking on hospital grounds and within the public right-of-way in the vicinity of hospital entrances. Upon motion duly seconded, the bill passed first reading and was referred to the Health, Hospitals and Social Services Committee by a voice vote of the Council.
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 HCA – Information Technology & Services, Inc. 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 Title 17 of the Metropolitan Code, Zoning Regulations, to modify Section 17.08.030.D (District Land use Table) to permit “Microbrewery” in the IWD zoning district (Proposal No. 2012Z-003TX-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.
Upon motion duly seconded, the meeting was adjourned.