Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, May 1, 2012


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

The invocation was offered by Police Department Chaplain James Duke.

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, Garrett, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (39); Absent: Tygard, Weiner (2).

The Minutes of the regular meeting of April 17, 2012, were approved.

- ELECTIONS AND CONFIRMATIONS -

Airport Authority
Reappointment of Dr. A. Dexter Samuels for a term expiring April 5, 2016. 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.

Reappointment of Ms. Debbie Wright for a term expiring April 5, 2016. 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.

CATV Special Committee
Reappointment of Ms. Jackie Shrago for a term expiring March 1, 2015. 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.

Electrical Examiners and Appeals Board
Appointment of Mr. Scott Newell for a term expiring April 16, 2016. 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.

Fair Board
Appointment of Mr. Kenny Byrd for a term expiring April 6, 2017. 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.

Fire and Building Code Appeals Board
Appointment of Mr. Randy Clark for a term expiring March 1, 2015. Mr. Clark will fill the unexpired term of Mr. Michael Bearden. 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 Ms. Martha Ezell for a term expiring July 11, 2014. Ms. Ezell will fill the unexpired term of Ms. Jan Jones. 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
Reappointment of Dr. Dan Cornfield for a term expiring April 18, 2015. 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.

Appointment of Ms. Judy Lojek for a term expiring April 18, 2015. 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. Nimesh Patel for a term expiring April 18, 2015. 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.

Reappointment of Ms. Loraine Segovia-Paz for a term expiring April 18, 2015. 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.

Reappointment of Ms. Remzlya Suleyman for a term expiring April 18, 2015. At the request of the administration, the confirmation was withdrawn.

Appointment of Mr. Peter Woolfolk for a term expiring April 18, 2015. 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 Mr. Mark Miller for a term expiring February 5, 2015. 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.

Transportation Licensing Commission
Reappointment of Mr. Brian Winfrey for a term expiring April 30, 2014. At the request of the nominee, the confirmation was deferred.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2012-107

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 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. Johnson 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.

SUBSTITUTE BILL NO. BL2012-107

An Ordinance amending Chapter 17.40 of the Metropolitan Code to require replacement sign panels in multi-tenant developments to be consistent with the other signage on the property, all of which is more particularly described herein (Proposal No. 2012Z-004TX-001). The bill was approved by the Planning Commission. Ms. Johnson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-109

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). The bill was disapproved by the Planning Commission. Ms. Johnson moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-113

An ordinance amending Chapter 17.28 of the Metropolitan Code to require certain multifamily developments to include streets that are built to the same standards as public streets, all of which is more particularly described herein (2012Z-005TX-001). Ms. Johnson moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-117

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). The bill was approved by the Planning Commission. Mr. Garrett 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. Garrett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-134

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 the Belmont-Hillsboro Neighborhood Conservation Overlay District to properties and right-of-way located along Cedar Lane, Gale Lane and Linden Avenue (33.95 acres), zoned R8, RM20 and CS and partially requested for RS7.5, all of which is described herein (Proposal No. 2012NHC-001-001). The bill was approved by the Planning Commission. Ms. Allen 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. Allen 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. BL2012-135 and BL2012-136 were considered together.

BILL NO. BL2012-135

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 a portion of the Magnolia Station Residential Planned Unit Development District Overlay on property located at Tinnin Road (unnumbered) and by amending a portion of the PUD located at 1900 Tinnin Road, approximately 750 feet north of Springfield Highway (6.26 acres), to remove 1.42 acres of open space from the PUD (parcel 221) and to delete six dwelling units and convert that portion of the PUD to open space, zoned RM4 and with a portion proposed for R40 zoning, all of which is described herein (Proposal No. 2002P-002-001). The bill was approved by the Planning Commission with conditions, disapproved without.

BILL NO. BL2012-136

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 RM4 to R40 district for property located at Tinnin Road (unnumbered), approximately 750 feet north of Springfield Highway (1.42 acres), all of which is described herein (Proposal No. 2012Z-008PR-001). The bill was approved by the Planning Commission.

Mr. Pardue 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. Pardue moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Garrett abstaining.

BILL NO. BL2012-137

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 an SP district to permit residential and warehouse uses to an SP district to permit retail uses for properties located at 541 and 551 Stewarts Ferry Pike, approximately 1,130 feet west of Lauer Drive (4.57 acres), and within the Floodplain Overlay District, all of which is described herein (Proposal No. 2012SP-007-001). The bill was approved by the Planning Commission with conditions and disapproved without. 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.

BILL NO. BL2012-138

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 R8 and RM20 to RS7.5 district for various properties along Cedar Lane (17.36 acres) between I-440 and Hawthorne Place, all of which is described herein (Proposal No. 2012Z-009PR-001). Ms. Allen 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. Allen 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.

SUBSTUTUTE BILL NO. BL2012-138

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 R8 to RS7.5 district for various properties along Cedar Lane (16.97 acres) between I-440 and Hawthorne Place, all of which is described herein (Proposal No. 2012Z-009PR-001). The bill was approved by the Planning Commission. Ms. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-139

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 district for property located at Gallatin Pike (unnumbered), approximately 1,590 feet north of Walton Lane (0.91 acres), to permit automobile sales (used), auto repair and all other uses permitted by the CS District, all of which is described herein (Proposal No. 2012SP-004-001). The bill was approved by the Planning Commission with conditions and disapproved without. Ms. Bennett 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. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-140

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 RM9 to MUL zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), all of which is described herein (Proposal No. 2012Z-011PR-001). The bill was approved by the Planning Commission. Mr. Glover 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. Glover moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-141

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 RM20-A district for properties located at 1628 and 1630 6th Avenue North, at the southeast corner of 6th Avenue North and Garfield Street (0.27 acres), all of which is described herein (Proposal No. 2012Z-005PR-001). The bill was approved by the Planning Commission. Ms. Gilmore 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. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-142

An ordinance to amend Sections 17.37 (Downtown Code) of the Metropolitan Zoning Code by revising the Signage Compliance deadline (Proposal No. 2011Z-002TX-002). 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.

BILL NO. BL2012-143

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 OL 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-002). The bill was disapproved by the Planning Commission. Mr. Baker moved to defer the bill to the June public hearing, the bill being requested by DHJ Associates, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-229

A resolution recognizing and honoring Dr. Deena Sue Fuller of Nashville.

RESOLUTION NO. RS2012-230

A resolution recognizing Alma Sanford for her volunteerism throughout Southeast Nashville.

RESOLUTION NO. RS2012-231

A resolution recognizing John Patrick Beardsley as “The Nashville King”.

RESOLUTION NO. RS2012-232

A resolution recognizing NHL’s Nashville Predators General Manger David Poile.

RESOLUTION NO. RS2012-233

A resolution recognizing and congratulating Head Coach Barry Trotz of the Nashville Predators on his 500th career win.

RESOLUTION NO. RS2012-234

A resolution recognizing May as “Human Trafficking Awareness Month” in Nashville.

RESOLUTION NO. RS2012-235

A resolution recognizing the 10th anniversary of Leadership Health Care in Nashville.

RESOLUTION NO. RS2012-236

A resolution recognizing Tennessee State University’s 100th year anniversary.

RESOLUTION NO. RS2012-237

A resolution recognizing May 3, 2012, as National Day of Prayer.

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” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2012-238

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” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).
Without objection, the rules were suspended for consideration of three (3) late resolutions.

RESOLUTION NO. RS2012-239

A resolution recognizing BNA’s 75th Anniversary. The resolution was approved by the Rules-Confirmations-Public Elections Committee Mr. Stites moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2012-240

A resolution honoring Robert “Principal boB” Wilson on the occasion of his retirement after a distinguished career. 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” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

RESOLUTION NO. RS2012-241

A resolution requesting Governor Haslam to veto House Bill 3208, which would create a state agency to govern the Tennessee State Fair, including its location. Mr. Dominy moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-146

An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County and the Nashville Downtown Partnership concerning operation of certain parking facilities. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Traffic and Parking Committees by a voice vote of the Council.

BILL NO. BL2012-147

An ordinance authorizing the Metropolitan Government to cooperate with Wilson Bank and Trust to provide a public sewer extension in Davidson County for the Grove at Cane Ridge Subdivision, Project No. 05-SL-61. 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.

BILL NO. BL2012-148

An ordinance to abandon approximately 250 feet of a 6 inch water main and to accept 28 feet of an 8 inch DIP water main easement and one public fire hydrant located at 2014 Bernard Circle (Proposal No. 2012M-009ES-001). The bill was approved by the Planning Commission. 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.

BILL NO. BL2012-149

An ordinance to abandon 166 linear feet of a 40 foot wide public utility and drainage easement on properties located at 311 Demonbreun Street, 210 4th Avenue South, 0 4th Avenue South and 0 Almond Street within the Rutledge Hill Redevelopment District (Proposal No. 2012M-007ES-001). The bill was approved by the Planning Commission. 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

BILL NO. BL2012-150

An ordinance to abandon 142 feet of an easement retained by Metropolitan Council Ordinance BL93-739 within the former right-of-way of Cross Hill Road at 124 A and 128 Alton Road (Proposal No. 2012M-008ES-001). The bill was approved by the Planning Commission. 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

BILL NO. BL2012-151

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 RS40 to SP zoning for property located at 5570 Granny White Pike, approximately 300 feet north of Oman Drive (61.23 acres), to permit up to 57 residential units, all of which is described herein (Proposal No. 2012SP-005-001). The bill was approved by the Planning Commission with conditions. 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.

BILL NO. BL2012-152

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 CN zoning for property located at 1119 Morrow Avenue, approximately 50 feet east of Granny White Pike (0.17 acres), and within the Lipscomb University Institutional Overlay District, all of which is described herein (Proposal No. 2012Z-006PR-001). 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.

BILL NO. BL2012-153

An ordinance amending Metropolitan Code of Laws 17.04.060 in its definition of “Two-family” units (Proposal No. 2012Z-007TX-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.