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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 Metro City Hall.
The invocation was offered by Councilman Jim Forkum.
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: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (38); Absent: Cole (1).
The Minutes of the meeting of December 20, 2005, were approved.
- 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 making applicable the provisions of a Neighborhood Conservation Overlay district to various properties in the Sylvan Park area (612.57) acres, all of which is described herein (Proposal No. 2005Z-180U-07). 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Summers offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Summers moved to pass the bill on second reading as amended, which motion was seconded. After discussion the matter recurred on the motion to pass and was adopted by the following roll call vote requested by Councilmembers Tucker, Dread, Isabel, Greer, Wallace: "Ayes" Briley, Craddock, Murray, Jameson, Hart, Forkum, Burch, White, Loring, McClendon, Hausser, Whitmore, Crafton, Summers, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams (23); "Noes" Dozier, Neighbors, Tucker, Dread, Ryman, Gotto, Greer, Wallace, Walls, Tygard (10); "Abstaining" Gilmore, Isabel, Brown, Shulman (4).
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 Conservation Overlay district to various properties in the Whitland area, located between Whitland Avenue and Brighton Avenue and between Bowling Avenue and Wilson Avenue (70.34 acres), all of which is described herein (Proposal No. 2005Z-182U-10). 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 citizens were heard in favor of and in opposition to passage of the bill. Documents were filed in opposition to passage of the bill. The President declared the public hearing closed. Mr. Summers moved to pass the bill on second reading, which motion was seconded. After discussion the matter recurred on the motion to pass and was 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 to SP district property located at 1600 6th Avenue North, at the northeast corner of 6th Avenue North and Hume Street, to permit the development of six 1,200 square foot townhouse units, (0.25 acres), all of which is described herein (Proposal No. 2005Z-163U-08). The bill was approved by the Planning Commission. Mr. Wallace 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. Wallace 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. BL2005-886 and BL2005-887 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 R6 to RM15 (0.62 acres), and from R6 to MUN (0.40 acres) district properties located at 1631, 1633, 1635, and 1623 and 1627 6th Avenue North (1.02 acres total), all of which is described herein (Proposal No. 2005Z-135U-08). 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 making applicable the provisions of an Urban Design Overlay named Salem Gardens district to properties located at 1623, 1627, 1631, 1633 and 1635 6th Avenue North, at the corner of Garfield Avenue and 6th Avenue North (1.02 acres), all of which is described herein (Proposal No. 2005UD-011U-08). The bill was approved by the Planning Commission.
Mr. Wallace 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 citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Wallace 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 master development plan for a Planned Unit Development located at various properties along the north side of Old Hickory Boulevard, 1,700 feet east of Hickory Hills Boulevard, to add a condition regarding the amount of brick to be used with the construction of the homes and foundation materials within the PUD, all of which is more particularly described herein (Proposal No. 2003P-002G-02). The bill was approved by the Planning Commission. Ms. Tucker 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. Tucker moved to pass the bill on second reading, which motion was seconded. After discussion the matter recurred on the motion to pass and was adopted by the following roll call vote requested by Councilmembers Dread, Hart, White, Kerstetter, Tygard: "Ayes" Tucker, Briley, Gilmore, Isabel, Murray, Jameson, Ryman, Brown, McClendon, Hausser, Wallace, Walls, Whitmore, Shulman, Adkins, Foster, Wilhoite, Coleman (18); "Noes" Dread, Craddock, Forkum, Gotto, White, Loring, Alexander, Kerstetter, Toler, Bradley, Williams, Tygard (12); "Abstaining" Dozier, Neighbors, Hart, Burch, Greer, Crafton, Summers (7).
Without objection Bill Nos. BL2005-896 and BL2005-897 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 R20 to RM9 district properties located at 2201 Hobbs Road, 4207 and 4211 Stammer Place and 2200 Castleman Drive (2.34 acres), all of which is described herein (Proposal No. 2005Z-099U-10). 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 making applicable the provisions of a Planned Unit Development district properties located at 2201 Hobbs Road, 4207 and 4211 Stammer Place, and 2200 Castleman Drive (2.34 acres), on the south side of Hobbs Road, the west side of Stammer Place, and north side of Castleman Drive, to permit the development of 20 multi-family units, all of which is described herein (Proposal No. 2005P-019U-10). The bill was approved by the Planning Commission.
Ms. Williams 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 citizens were heard in favor of and in opposition to passage of the bills. Petitions were filed in opposition. The President declared the public hearing closed. Ms. Williams moved to defer the bills, the bills being requested by Gresham, Smith and Partners, and re-refer the bills to the Planning Commission, 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 Planned Unit Development located at 2329 Castleman Drive on the southeast corner of Castleman Drive and Lindawood Drive (0.92 acres) to permit two single-family lots, all of which is described herein (Proposal No. 2005P-024U-10). The bill was disapproved by the Planning Commission. Ms. Williams 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. Williams moved to pass the bill on second reading and defer the bill to the first meeting in February, 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 R6 to RS5 district various properties located to the north of Felicia Street and south of I-40 and between the railroad on the east and I-40 on the west (190.21 acres), all of which is described herein (Proposal No. 2005Z-183U-08). 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. Petitions were filed in favor of the bill. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
President Pro Tempore Ryman assumed the chair at this time.
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 Conservation Overlay district to various properties in the Hillsboro-West End area, between Blakemore Avenue and Interstate 440 (111.85 acres), all of which is described herein (Proposal No. 2005Z-181U-10). The bill was approved by the Planning Commission. Ms. Hausser 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. Hausser moved to pass the bill on second reading, which motion was seconded. After discussion the matter recurred on the motion to pass and was adopted by a voice vote of the Council with Mr. Greer voting "no."
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 applying a Neighborhood Landmark Overlay to an RS20 district property located at 5022 Old Hydes Ferry Pike, approximately 50 feet west of Old Hickory Boulevard (10.06 acres), all of which is described herein (Proposal No. 2005NL-186G-10). 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.
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 an Institutional Overlay District to various properties located between Gallatin Pike and Emmett Avenue, and between McClurkan Avenue and Douglas Avenue, (35.73 acres), all of which is described herein (Proposal No. 2005P-029U-05). The bill was disapproved by the Planning Commission. Ms. Murray 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. Murray moved to defer the bill on second reading to the second meeting in February and re-refer the bill to the Planning Commission which motion was seconded. After discussion the matter recurred on the motion to defer and was adopted by a voice vote of the Council.
President Gentry re-assumed the chair at this time.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Sections 17.40.290 and 17.40.350 to require the zoning administrator to notify district councilmembers upon the filing of applications for special exceptions and variances, all of which is more particularly described herein (Proposal No. 2006Z-005T). Mr. Wallace moved to defer the bill to the March public hearing pursuant to Rule 20, 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 AR2a (3.57 acres) and OR20 (0.05 acres) to CS district a portion of properties located at 6260 Nolensville Pike and 6304 Hills Chapel Road (3.62 acres), all of which is described herein (Proposal No. 2005Z-177G-12). Mr. Toler moved to defer the bill indefinitely for Planning Commission recommendation, the bill being requested by Taze Lundy, 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 Planned Unit Development district located at 2609 # 101 West End Avenue, to permit an existing restaurant an exemption from the minimum distance requirement included in the beer provisions of the Metro Code (1.56 acres), all of which is described herein (Proposal No. 2005P-035U-10). The bill was approved by the Planning Commission. Ms. Hausser 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. Hausser moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing and commending Judge Leon Ruben on his 25th anniversary as a General Sessions Judge.
A resolution recognizing Mr. Arnett H. Bodenhamer, Sr. as a public servant to the citizens and communities of Nashville, Tennessee.
A resolution recognizing Ms. Marilyn Robinson as a public servant to the citizens and communities of Nashville, Tennessee.
A resolution recognizing Mr. Walton Y. Draper III for his accomplishments and service to the Criminal Court Clerk's Office, Justice Community, and the citizens of Davidson County.
A resolution recognizing the late V. Michael Fox, Defense Attorney, of Nashville, Tennessee.
A resolution recognizing and congratulating Jay Cutler on his fabulous football career at Vanderbilt University.
A resolution recognizing Mr. Ray Fuller for 50 years of officiating, TSSAA Hall of Fame Official, Traffic Warrant Officer and true Tennessean.
A resolution recognizing and commending Bill Hall for his outstanding contributions to Nashville and Davidson County as he retires after thirty-one years on television.
A resolution recognizing and congratulating former Nashville Sounds owner and Vanderbilt Coach Larry Schmittou upon his induction into the Tennessee Sports Hall of Fame.
A resolution recognizing Mrs. Kathy Shaw upon receiving the 2005 Environmental Educator of the Year Award.
A resolution recognizing and congratulating Hull-Jackson Montessori Magnet School counselor Debra Watson on being named the 2005-2006 "Elementary School Counselor of the Year" by the Tennessee Counselor Association.
A resolution recognizing Nashville Metropolitan Transit Authority (MTA) bus operators Mark Johnson, Goran Ilicic, Darryl Howard and Ted Thompson.
A resolution recognizing Noel Whitley, President of the Glencliff Neighborhood Association on winning the Neighborhood of the Year award for South Nashville.
A resolution honoring Dr. James T. Draper upon his retirement from LifeWay, and naming January 13, 2006, as "Dr. Jimmy Draper Day" in Nashville, Tennessee.
A resolution recognizing the 2005 Davidson Academy "Bears" football team on the completion of an extraordinary season.
A resolution recognizing and honoring the Conference on African American History and Culture for twenty-five years of research, publishing, and educational outreach.
A resolution recognizing Nashville Urban Venture and Marketstreet Management, LLC, for their outstanding work in redeveloping The Gulch.
A resolution proclaiming the week of February 6, 2006, through February 10, 2006, as National School Counseling Week.
A resolution recognizing the week of February 12, 2006, as "Country Radio Week" in Nashville, Tennessee.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Adkins moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
- RESOLUTIONS -
A resolution recognizing and commending Christopher C. Whitson, Esq., for his outstanding public service to Metropolitan Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Foster moved to adopt the resolution, which motion was seconded. After discussion the matter recurred on the motion to adopt and was adopted by the following vote: Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Forkum, Ryman, Brown, Gotto, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance naming the existing plaza between the front steps and the front entrance of the Metropolitan Courthouse in honor of Richard H. Fulton. Upon motion duly seconded, the bill passed first reading and was referred to the Parks, Library, Recreation and Entertainment Facility; Rules-Confirmations-Public Elections; and Planning, Zoning and Historical Committees 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 50' by 150' strip of Hillman Place right-of-way that is adjacent to parcel 52 on Map 44-5 (Proposal No. 2005M-216G-14). 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 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 right-of-way for Alley No. 902 from Clifton Avenue northward to Alley No. 623 (Proposal No. 2005M-230U-08). 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 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 11th Avenue South right-of-way between Laurel Street and the north right-of-way margin of Pine Street and 11th Avenue South between the south right-of-way margin of Pine Street and 12th Avenue South and also abandoning a portion of 11th & 12th Avenue South right-of way at the southwest corner of the intersection (Proposal No. 2005M-180U-09). The bill was approved by the Planning 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 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 McIver
Street between Gallatin Pike and Burrus Street to "Hunters Meadow Lane"
(Proposal No. 2005M-106U-05). The bill was approved by the Planning Commission
and Emergency Communications District Board. The bill was deferred Pursuant
to Rule 12.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 849 Briley Parkway, 317 Seven Springs Way #101, 377 Athens Way #100, 5606 Cloverland Drive, 681 Old Hickory Boulevard, 675 Old Hickory Boulevard, 3714 Crestview Drive, 3711 Rosemont Avenue, 1216 Northgate Business #101, 525 Donelson Pike, 3104 West End Circle, 3102 West End Circle, 628 Southgate Avenue, 3908 Charlotte Avenue, 3906 Charlotte Avenue, 3904 Charlotte Avenue, 3900 Charlotte Avenue, and 2917 Nolensville Pike. 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.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2332, 2334, 2312, 2316 & 2320 Murfreesboro Pike, 1508, 1511 & 1513 Dickerson Pike, 1400 Huffine Street, 1401 Litton Avenue, 741, 743, 745 & 749 Garrison Drive, 820 & 822 Charlie Place, 3812, 3814, 3817 & 3819 Darmouth Avenue, 612, 700, 702, 705, 706, 707, 708, 709, 710, 711, 713, 714, 715, 801, 803, 805, 807, 809 & 811 Lynnbrook Road, 3604, 3606, 3608, 3610, 3612, 3614, 3616 & 3618 Meadow Drive, 2334, 2404, 2410, 2414, 2424 & 2437 Golf Club Lane, 3439, 3445 & 3518 Hampton Avenue, 615 & 712 Bowling Avenue, 3600 Sperry Avenue, 808, 812 & 815 Timber Lane, 3417 & 3420 Valley Brook Road, 3434 & 3435 Woodmont Boulevard. 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.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at Elm Hill Pike, 2955 Brick Church Pike, 2020 Blakemore Avenue, 2000 Wedgewood Avenue, Gallatin Pike, 2519 Grandview Avenue, Central Pike, 501 Main Street, 10 Fairfield Avenue, 3507 Belmont Boulevard, and 5502 Old Hickory Boulevard. 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.
An ordinance authorizing the acceptance of certain easements for stormwater projects located at 1230 Robinson Road, 658 Grassmere Park, Nolensville Pike, 823 3rd Avenue North, 7101 Cockrill Bend Boulevard, 2800 Gallatin Pike, 3125 Long Boulevard, 3129 Long Boulevard, 3127 Long Boulevard, 2909 Murfreesboro Pike, 3184 Parthenon Avenue, 3186 Parthenon Avenue, 1916 Adelicia Street, 3414 Hillsboro Pike, 3011, 3013, and 3015 Vanderbilt Place, and 31st Avenue South. 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.
Upon motion duly
seconded, the meeting was adjourned.