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Minutes
Metropolitan Council Meeting
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Minutes
Metropolitan Council Meeting
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The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Rev. Scott Patty of Grace Community 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: Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Williams, Lineweaver, and President Steine (36); Absent: Beehan, Hart, Arriola, Holloway, Turner (5).
The Minutes of the regular meeting of February 19, 2002 were approved.
- ELECTIONS AND CONFIRMATIONS -
Educational Access Corporation
Appointment of Dr. David Jones, Jr. to the Educational Access Corporation for a term expiring February 5, 2003. In absence of the appointee, the appointment was deferred.
Appointment of Ms. Eleanor Willis to the Educational Access Corporation for a term expiring February 5, 2003. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Fire & Building Code Appeals Board
Reappointment of Mr. Mike Apple to the Fire and Building Code Appeals Board for a term expiring March 1, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Doug MacKenzie to the Fire and Building Code Appeals Board for a term expiring March 1, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Bill Wamsley to the Fire and Building Code Appeals Board for a term expiring March 1, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Waverly Crenshaw to the Hospital Authority for a term expiring November 1, 2003. In absence of the appointee, the appointment was deferred.
Plumbing Examiners & Appeals Board
Reappointment of Mr. Alton Lee Whittemore to the Plumbing Examiners and Appeals Board for a term expiring March 10, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Cathy Bender to the Sports Authority for a term expiring February 19, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Kitty Moon Emery to the Sports Authority for a term expiring February 19, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Steve North to the Sports Authority for a term expiring February 19, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Steve Turner to the Sports Authority for a term expiring February 19, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Ms. Gail Williams to the Transit Authority for a term expiring May 1, 2002. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Jami Wilson to the Zoning Appeals Board for a term expiring February 26, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Mrs. Violet Nicholas on the joyous occasion of her 90th birthday.
A resolution recognizing Mr. Nicholas Allen on his "I, Too, Have A Dream" - Martin Luther King, Jr., essay.
A resolution recognizing Dr. Dewey W. Grantham for his contribution to the Nashville Public Library.
A resolution recognizing Dr. Susan Lyle on winning the "Elementary Physical Education Teacher of the Year" for the State of Tennessee.
A resolution recognizing Mr. Clinton McCord Jr., upon his retirement.
A resolution recognizing the Metropolitan Nashville Public Schools 2002-2003 "Teacher of the Year" award recipients.
A resolution recognizing Mrs. Nancy Driver and the late Mr. John L. Driver for their service to the community.
RESOLUTION NO. RS2002-968
A resolution proclaiming April 12, 2002 as CHARACTER COUNTS! Nashville Day and
endorsing the "six pillars of character".
Without objection the rules were suspended for consideration of one (1) late resolution.
A resolution honoring the Vanderbilt University Lady Commodores as the SEC Women's Basketball Tournament 2002 Champions.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. Williams moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Williams, Lineweaver (34); "Noes" (0).
- RESOLUTION -
RESOLUTION NO. RS2002-969
A resolution approving the election of certain notaries public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Williams moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Campbell, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Kerstetter, Knoch, Jenkins, Williams, Lineweaver (34); "Noes" (0).
- BILLS ON PUBLIC HEARING -
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.24.030 by exempting the tree density requirements from loading areas or tractor trailer staging, loading and parking areas, all of which is more particularly described herein (Proposal No. 2001Z-13T). The bill was disapproved by the Planning Commission. Mr. Summers 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. Summers moved to pass the bill on second reading, defer the bill indefinitely and re-refer to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Lenox Village Urban Design Overlay District design guidelines appendix, all of which is more particularly described herein (Proposal No. 2002Z-003T). The bill was approved by the Planning Commission. Mr. Summers 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. Summers moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 preliminary plan of the Residential Planned Unit Development District located abutting the east margin of Forest Park Road, 250 feet north of Neeley's Bend Road, classified RS5 District, (3.89 acres), to permit the development of 40 multi-family units and eliminate a clubhouse and swimming pool, replacing 56 multi-family units, all of which is more particularly described herein (Proposal No. 300-84-U-04). The bill was approved by the Planning Commission. Mr. Dillard 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. Dillard moved to defer action indefinitely on the bill, the bill being requested by Bruce Rainey 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 changing from RS5 District to CS District property at Brick Church Pike (unnumbered), north of Baptist World Center Drive (0.17 acres), all of which is more particularly described herein (Proposal No. 2001Z?059U?03). The bill was approved by the Planning Commission. Mr. Black 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. Black moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 IR District to RM40 District properties at 300 42nd Avenue North, 4108 Dakota Avenue, 4105 Nevada Avenue, Nevada Avenue (unnumbered), and Dakota Avenue (unnumbered), approximately 1,200 feet south of Charlotte Avenue, (4.7 acres), all of which is more particularly described herein (Proposal No. 2002Z?003U?07). The bill was disapproved by the Planning Commission. Mr. Summers 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. Summers moved to defeat the bill, which motion was seconded and adopted by a unanimous voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 District to OR20 District property at 516 North 2nd Street, at the terminus of Treutlan Street, (.16 acres), all of which is more particularly described herein (Proposal No. 2002Z?006U?05). The bill was disapproved by the Planning Commission. Mr. Hall 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. Hall moved to defeat the bill, which motion was seconded and adopted by a unanimous voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN District and RS7.5 District to CL District properties at 405 West Trinity Lane and 2206 and 2210 Monticello Drive, at the northwest corner of Monticello Drive and West Trinity Lane, (1.74 acres), all of which is more particularly described herein (Proposal No. 2002Z-001U-03). The bill was approved by the Planning Commission. Mr. Black 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. Black moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 District to MUL District properties at 1002, 1004, 1006, and 1010 28th Avenue North, opposite Hadley Park, (0.78 acres), all of which is more particularly described herein (Proposal No. 2001Z?102U?08). The bill was disapproved by the Planning Commission. Mr. Whitmore 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. Whitmore moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 District to OR20 District property at 2411 Crestmoor Road, abutting the northern terminus of Bedford Avenue, (0.40 acres), all of which is more particularly described herein (Proposal No. 2002Z?009U-10). Mr. Shulman moved to defer action indefinitely on the bill and re-refer to the Planning Commission, the bill being requested by Frank C. Ingraham, 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 preliminary plan of the Planned Unit Development District located abutting the north margin of Old Hickory Boulevard and the east margin of Franklin Pike Circle, classified OR40 and CL Districts, (14.42 acres), to permit the development of three 6-story, 150,000 square foot office buildings and parking garages, and two, 8,000 square foot restaurants, replacing 130 condominium units, a 10 story, 250,000 square foot office building and two 8,000 square foot restaurants, all of which is more particularly described herein (Proposal No. 94P-009U-12). The bill was approved by the Planning Commission. Mr. Jenkins 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. Jenkins moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 RS20 District to RM4 District property at Old Hickory Boulevard (unnumbered), abutting the southern terminus of Heritage Drive, (3.57 acres), all of which is more particularly described herein (Proposal No. 2002Z-011G-04). Mr. Nollner moved to defer action indefinitely on the bill, the bill being requested by Goodworks Unlimited, LLC, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R15 and AR2a Districts to CS District properties located at the terminus of Two Rivers Court and bordered by Briley Parkway and Nashville & Eastern Railroad, a portion of the property located in a Commercial Planned Unit Development District (75.8 acres), all of which is more particularly described herein (Proposal No. 2001Z-127U-14). The bill was disapproved by the Planning Commission. Mr. Loring moved to defer action indefinitely on the bill, the bill being requested by Ragan-Smith 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 canceling the Planned Unit Development District located east of Briley Parkway, at the southern terminus of Two Rivers Court, classified R15 and proposed for CS district, (27.2 acres), approved for use as a kennel and pasture, all of which is more particularly described herein (Proposal No. 84-82-U-14). The bill was disapproved by the Planning Commission. Mr. Loring moved to defer action indefinitely on the bill, the bill being requested by Ragan-Smith 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 the Commercial Planned Unit Development District located abutting the north margin of Lebanon Pike between Andrew Jackson Parkway and Shute Lane, classified SCR District, (23.06 acres), to permit the addition of 3.82 acres, classified CS District, and the development of a 203,622 square foot Wal-Mart Supercenter, and to relocate a 6,500 square foot Blockbuster video rental store, replacing a 111,713 square foot retail center, a 19,715 square foot theater, and a 6,503 square foot video rental store, all of which is more particularly described herein (Proposal No. 91-71-G-14). The bill was disapproved by the Planning Commission. Mr. Brown 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. Petitions were filed in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Brown moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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, Section 17.32.040 (Exempt Signs) pertaining to official government, fraternal, religious or civic flags (Proposal No. 2002Z-005T). The bill was approved by the Planning Commission. Mr. Majors 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 passage of the bill. The President declared the public hearing closed. Mr. Majors moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, 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 District to ORI District properties at 2219, 2305, 2401, 2405, 2409, and 2415 Charlotte Avenue, 340 23rd Avenue North, 345 24th Avenue North, and 310 25th Avenue North, east of Park Plaza, (2.47 acres), all of which is more particularly described herein (Proposal No. 2002Z-002U-10). The bill was approved by the Planning Commission. Mr. Whitmore 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. Whitmore moved to pass the bill on second reading and refer it to the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance establishing the Council Afterschool Initiative, creating the Council's Taskforce on Out-of-School Time and Youth Success, authorizing the approval of a contract, by resolution, between the Metropolitan Government and Vanderbilt Child and Family Center for services in developing the Council Afterschool Initiative, and authorizing funding for said contract. Upon motion duly seconded, the bill passed first reading and was referred to the Education, Health, Hospitals and Social Services Committees by a voice vote of the Council.
An ordinance amending Section 7.08.090A(1) of the Metropolitan Code of Laws to exempt establishments that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages for on-premises consumption from the minimum distance requirements for the issuance of beer permits. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to accept certain property from Jimmy D. Choate and Johanna O. Choate for public right of way purposes; authorizing the abandonment of a portion of Alley No. 2027 to Jimmy D. Choate and Johanna O. Choate and Marcella Carter; and designating Alley No. 2027 as a pedestrian walkway from Marshall Street to its intersection with Alley No. 2025 (Proposal No. 2002M-004U-05). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of The Metropolitan Government and specifically with relation to Project No. 01-SG-112, Pennington Bend at Briley Parkway Sewer System. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2002M-021U-03). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing portions of Leslie Avenue; 24th Avenue North; and Alleys Nos. 909 and 927 (Proposal No. 2002M-011U-10). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing portions of 5th Avenue North; 4th Avenue North; and Alleys Nos. 201, 508, 509 and 510 (Proposal No. 2002M-012U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to R10 District property at 4220 Lavergne Couchville Pike, approximately 250 feet south of Pin Hook Road, (3.95 acres), all of which is more particularly described herein (Proposal No. 2001Z?124G?13). The bill was approved by the Planning Commission. In absence of the sponsor, the bill was deferred.
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 District to CS District property at 4119 Murfreesboro Pike, approximately 1,100 feet northwest of Hurricane Creek Boulevard, (2 acres), all of which is more particularly described herein (Proposal No. 2002Z-004G-13). The bill was disapproved by the Planning Commission. In absence of the sponsor, the bill was deferred.
Upon motion duly seconded,
the meeting was adjourned.