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Minutes

Metropolitan Council Meeting
Tuesday, June 10, 2014


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 Jerry Maynard.

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, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd and Neighbors (34); Absent: Banks, Bennett, Tenpenny, Baker, Potts, Mitchell (6).

The Minutes of the regular meeting of June 3, 2014, were approved.

- BILLS ON THIRD READING -

BILL NO. BL2014-747

An ordinance amending Chapters 17.04, 17.08 and 17.16 of the Metropolitan Code to add a definition and conditions of “Communications Hut.” (Proposal No. 2014Z-013TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd (33); “Noes” (0).

BILL NO. BL2014-759

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 IWD to SP zoning for properties located at 610 Merritt Avenue, 1234, 1236 and 1238 Martin Street, approximately 200 feet east of Hagan Street (7.3 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2014SP-016-001). Ms. Moore 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.

SUBSTITTUE BILL NO. BL2014-759

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 IWD to SP zoning for properties located at 610 Merritt Avenue, 1234, 1236 and 1238 Martin Street, approximately 200 feet east of Hagan Street (7.3 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2014SP-016-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd (33); “Noes” (0).

BILL NO. BL2014-760

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 MUN-A zoning for property located at 5916 Morrow Road, at the northeast corner of Morrow Road and 60th Avenue North (0.16 Acres), all of which is described herein (Proposal No. 2014Z-023PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd (33); “Noes” (0).

BILL NO. BL2014-761

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 RS20 to RS30 zoning for properties located at 3914, 3916, 3920, 4002, 4004, 4008, 4010, 4016 and 4128 Wallace Lane, south of Abbott Martin Road (approximately 11 acres), all of which is described herein (Proposal No. 2014Z-036PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote:
“Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd (33); “Noes” (0).

BILL NO. BL2014-763

An ordinance to amend Ordinance No. BL2005-688 for property located at 3101 Nolensville Pike, at the southwest corner of Nolensville Pike and McIver Street, zoned CS (1.1 acres), to remove a section of Amendment #1 in Council Bill BL2005-688 that states that "No signage shall be allowed other than that currently in existence and is located upon the brick building", all of which is described herein (Proposal No. 2005P-009-001). The bill was approved by the Planning Commission with conditions, disapproved without. The Planning, Zoning and Historical Committee recommended deferment. In the absence of the sponsor, the bill was deferred.

BILL NO. BL2014-765

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 IR to SP zoning for properties located at 302 Taylor Street, 1408 and 1410 4th Avenue North and 1401 and 1403 3rd Avenue North, south of Van Buren Street (2.43 Acres), to permit up to 249 multifamily dwelling units and all uses permitted by the MUL-A zoning district, all of which is described herein (Proposal No. 2014SP-020-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd (33); “Noes” (0).

BILL NO. BL2014-766

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 RS10 zoning for various properties located along Cedar Hill Road, Crosby Lane, Cypress Drive, Fairlane Drive, Gillette Road, Madeline Drive, Melpar Drive, Packard Drive, Pearson Place, Raywood Lane, Strasser Drive, Tusculum Road, Yorktown Road and a portion of property located at 4930 Nolensville Pike, on the east side of Nolensville Pike (approximately 156 acres), all of which is described herein (Proposal No. 2014Z-021PR-001). Ms. Blalock 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. BL2014-766

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 RS10, R15 and R20 zoning for various properties located along Cedar Hill Road, Crosby Lane, Cypress Drive, Fairlane Drive, Gillette Road, Madeline Drive, Melpar Drive, Packard Drive, Pearson Place, Raywood Lane, Strasser Drive, Tusculum Road, Yorktown Road and a portion of property located at 4930 Nolensville Pike, on the east side of Nolensville Pike (approximately 156 acres), all of which is described herein (Proposal No. 2014Z-021PR-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, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd (33); “Noes” (0).

BILL NO. BL2014-767

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 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) and located within the Floodplain Overlay District, to add approximately 1.97 acres into the SP (from approximately 136.04 acres to 138.01 acres total), relocate a private drive, increase the total number of resort rooms from 140 to 150, and amend various limitations for the Seasonal Performance Entertainment Venue, all of which is described herein (Proposal No. 2009SP-022-008). Mr. Hunt 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. BL2014-767

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 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) and located within the Floodplain Overlay District, to add approximately 1.97 acres into the SP (from approximately 136.04 acres to 138.01 acres total), relocate a private drive, increase the total number of resort rooms from 140 to 150, and amend various limitations for the Seasonal Performance Entertainment Venue, all of which is described herein (Proposal No. 2009SP-022-008). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd (33); “Noes” (0).

BILL NO. BL2014-768

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 RM20-A zoning for property located at 1041 W. Greenwood Avenue, at the northeast corner of W. Greenwood Avenue and Bailey Street (0.26 Acres), all of which is described herein (Proposal No. 2014Z-022PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Scott Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Bedne, Dowell, Duvall, Todd (32); “Noes” (0).

BILL NO. BL2014-773

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 CF and ORI to SP zoning for properties located at 1, 7, 9 and 11 Music Square West, at the corner of Division Street and 17th Avenue South (1.05 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2014SP-037-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Bedne, Dowell, Duvall, Todd (32); “Noes” (0).

BILL NO. BL2014-780

An ordinance naming the bridge over the South Harpeth River on Highway 96 at Old Harding Pike in honor of Lloyd Linton. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Bedne, Dowell, Duvall, Todd (32); “Noes” (0)

BILL NO. BL2014-781

An ordinance amending Chapter 7.08 of the Metropolitan Code to amend the definition of “performing arts facility” to include certain facilities identified under T.C.A. § 57-4-102 as an Urban Park Center. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Steine moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Bedne, Dowell, Duvall, Todd (32); “Noes” (0).

BILL NO. BL2014-782

An ordinance approving an agreement between Vanderbilt University, and the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to establish a research relationship. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Pardue moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Bedne, Dowell, Duvall, Todd (32); “Noes” (0).

BILL NO. BL2014-784

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the I-40/I-440 South Sewer Relocation Project for five properties located at 442 37th Avenue North, 37th Avenue North (unnumbered), and 435, 509, and 516 36th Avenue North, (Project No. 13-SG-0129 and Proposal No. 2014M-010ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Bedne, Dowell, Duvall, Todd (32); “Noes” (0).

BILL NO. BL2014-786

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon retained easement rights in a portion of the former right-of-way of 53rd Avenue North (closed via Council ordinance O75-1262) for the property located at 5300 Kentucky Avenue, (Proposal No. 2014M-020ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Dominy moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Bedne, Dowell, Duvall, Todd (33); “Noes” (0).

BILL NO. BL2014-788

An ordinance adopting the Capital Improvements Budget and Program 2014-2015 through 2019-2020 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2014-2015. The bill was approved by the Planning Commission. The Budget and Finance and Planning, Zoning and Historical Committees approved the bill with amendments. Mr. Steine moved to pass the bill with Amendments No. 1 thru No. 12, which motion was seconded. Mr. Dominy moved to suspend the rules to allow a public hearing on the amendments and objections were made. The matter recurred on the motion to approve Amendment Nos. 1 thru 12, and was adopted by a voice vote of the Council. Mr. Westerholm offered Amendment No. 13 and moved for its adoption, which motion was seconded. Mr. Garrett moved to amend Amendment No. 13, which motion was seconded and approved by a voice vote of the Council. After discussion, Mr. Pardue called for the previous question, which motion was seconded and approved by a voice vote. The matter recurred on the motion to adopt Amendment No. 13 as amended and was approved by the following roll call vote: “Ayes” Barry, Steine, Garrett, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Johnson, Bedne, Dowell (25); “Noes” Tygard, Stites, Stanley, Claiborne, Blalock, Dominy, Duvall, Todd (8). Mr. Steine moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following roll call vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Glover, Stites, Claiborne, Moore, Allen, Gilmore, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Johnson, Bedne, Dowell, Todd (29); “Noes” Stanley, Blalock, Dominy, Duvall (4).

Upon motion duly seconded, the meeting was adjourned.

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