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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Pastor H. L. Champion of New Heart Baptist 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: Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell and President Neighbors (38); Absent: Garrett, Crafton, Toler (3).
The Minutes of the regular meeting June 17, 2008, were approved.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
The Rules-Confirmations-Public Elections Committee recommended approval of the following proposed amendment to the Rules of Procedure of the Metropolitan Council.
Rule 13 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County is hereby amended by adding the following new paragraph:
“Nothing in this rule shall preclude Members of Council from requesting the Metropolitan Clerk to send Council meeting agendas by electronic mail rather than U.S. mail. Members of Council desiring to receive all agendas by electronic mail shall make their request known to the Metropolitan Clerk in writing. The Metropolitan Clerk shall send the agendas by electronic mail to those Members of Council requesting to receive the documents in such a manner not less than two days, excluding Saturdays and Sundays, before the meeting at which it will be considered.”
Mr. Tygard moved to adopt the proposed amendment, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Todd, Mitchell (36); “Noes” (0).
- ELECTIONS AND CONFIRMATIONS -
Convention Center Commission
Reappointment of Ms. Irwin Fisher for a term expiring June 7, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Joshua Smith for a term expiring June 7, 2011. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Russell Willis for a term expiring June 7, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Fair Board
Appointment of Mr. Charles Sueing for a term expiring May 17, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Property Standards and Appeals Board
Appointment of Ms. Nicole Dunigan for a term expiring April 7, 2010. Ms. Dunigan will fill the unexpired term of Ms. Debra Cole. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- BILLS ON PUBLIC HEARING -
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Planned Unit Development district approved by Ordinance No. O95-41 and subsequently revised by the Metropolitan Planning Commission for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres), zoned RS7.5, R15, and RS20, permitted for 884 multifamily units and 116 single-family lots, to include additional conditions pertaining to the dedication of a school site and improvements within the Infrastructure Deficiency Area, all of which is more particularly described herein (Proposal No. 95P-025U-12). The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill to the September public hearing at the request of property owners Bell Road Vacant LLC, Bell Road LP, and Kristin L. Warren, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2008-137
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 AR2a to SP zoning property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to permit the development of up to 250 multi-family residential units and up to 421,500 square feet of commercial uses, all of which is described herein (Proposal No. 2008SP-002U-13). The bill was approved by the Planning Commission. Mr. Coleman 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. Coleman 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 amending BL2005-543 to remove a condition restricting access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (Proposal No. 2008Z-042G-06). Mr. Mitchell moved to defer the bill to the September public hearing, the bill being requested by Jacky Allen, 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 applying an Urban Design Overlay district to various properties located along Dickerson Pike between 1st Street and Trinity Lane (153.85 acres), to regulate all signage, all of which is described herein (Proposal No. 2008UD-001U-05). The bill was approved 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 no one came forward to be heard. The President declared the public hearing closed. Ms. Murray moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS15 and CS to RM4 district property located at Ashland City Highway (unnumbered), approximately 1,075 feet south of Drakes Branch Road (32.5 acres), all of which is described herein (Proposal No. 2008Z-041U-03). Mr. Matthews moved to defer the indefinitely, the bill being requested by Henry Hood, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow Religious Institution as a use permitted in the SCR district, all of which is more specifically described herein (Proposal No. 2008Z-034T).The bill was approved by the Planning Commission. Mr. Coleman 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. Coleman 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. BL2008-232, BL2008-233 and BL2008-234 were considered together.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by cancelling the McCrory Creek Business Park Planned Unit Development located at 851 McCrory Creek Road, 2984 Elm Hill Pike, McCrory Creek Road (unnumbered) and Neilworth Lane (unnumbered), at the northeast corner of Elm Hill Pike and McCrory Creek Road (69.09 acres), zoned CS and approved for 735,000 square feet of office uses, all of which is described here in (Proposal No. 2005P-034G-14). 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 cancelling a portion of the Niagara Place Planned Unit Development located at McCrory Creek Road (unnumbered) and Elm Hill Pike (unnumbered), at the end of Niagara Drive (25.08 acres), zoned R10 and approved for 90 single-family lots and proposed for Specific Plan zoning, all of which is described herein (Proposal No.110-84-G-14). The bill was approved by the Planning Commission.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS and R10 to SP zoning for the McCrory Creek development located at 559, 635, 637, 761, and 851 McCrory Creek Road, McCrory Creek Road (unnumbered), 2984 and 2998 Elm Hill Pike, Elm Hill Pike (unnumbered), and Neilworth Lane (unnumbered), on the south side of McCrory Creek Road north of I-40 (185.94 acres), zoning to permit 2,700,000 square feet office and retail/commercial space, all of which is described herein (Proposal No. 2008SP-013G-14). The bill was approved by the Planning Commission.
Mr. Stanley requested a hearing from the public on the 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. The President declared the public hearing closed. Mr. Stanley moved to pass the bills on second reading and defer the bills to the second meeting in September, the bills being requested by LandDesign, Inc., 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, CL and CS to SP zoning properties located at 4412, 4416, and 4424 Bass Avenue and Nolensville Pike (unnumbered), approximately 1,760 feet north of Haywood Lane (2.01 acres), to permit an existing 5,300 square foot auto repair shop, auto sales and repair business in a 3,200 square foot office, and 3 single-family lots and 1 duplex lot, all of which is described herein (Proposal No. 2008SP-012U-12). The bill was approved by the Planning Commission. Mr. Foster 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. Foster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning for properties located at 1623 and 1625 7th Avenue North, at the southwest corner of 7th Avenue North and Garfield Street (0.38 acres), to permit the development of 5 single-family detached units, all of which is described herein (Proposal No. 2008SP-016U-08). The bill was disapproved 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 citizens were heard in favor of and in opposition to passage of the bill. Petitions were filed in favor of the bill. 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 changing from RS20 to AR2a district property located at Collins Road (unnumbered), approximately 2,850 feet west of Highway 100 (100 acres), all of which is described herein (Proposal No. 2008Z-052G-06). The bill was approved by the Planning Commission. Mr. Mitchell 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. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to R10 district property located at 119 Lebanon Pike, approximately 615 feet east of Donelson Pike (2.29 acres), all of which is described herein (Proposal No. 2008Z-058U-14). Mr. Stanley moved to defer the bill to the September public hearing, the bill being requested by Charlie Simms, 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 a portion of a Residential Planned Unit Development located at 5031 Hillsboro Pike, abutting the west margin of Hillsboro Pike south of Castleman Drive, and located in the St. Paul’s Southern Methodist Church Planned Unit Development (1.65 acres), approved for a 100 bed nursing home facility, all of which is described herein (Proposal No. 49-87-P-10). The bill was approved by the Planning Commission. Mr. Todd 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. Todd moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Ms. Evans “Abstaining.”
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 RS20 district property located at 8281 Collins Road, approximately 320 feet north of Highway 100 (1.63 acres), all of which is described herein (Proposal No. 2008Z-049G-06). The bill was approved by the Planning Commission. Mr. Mitchell 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. Mitchell 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 applying an Historic Bed & Breakfast Overlay District to property located at 3137 Long Boulevard, approximately 180 feet north of Mason Avenue (0.26 acres), zoned RM40 and located within the 31st and Long Boulevard Urban Design Overlay District, all of which is described herein (Proposal No. 2008Z-057U-10). The bill was approved by the Planning Commission. Ms. Langster 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 in opposition to passage of the bill. The President declared the public hearing closed. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 district to CS district property located at 2119 Antioch Pike, approximately 963 feet south of Haywood Lane (0.6 acres), all of which is described herein (Proposal No. 2008Z-060U-13). The bill was approved by the Planning Commission. Mr. Dominy requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Dominy moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Chapter 17.08 of Title 17 of the Metropolitan Code of Laws, Zoning Regulations, by adding Rehabilitation Services as a permitted use in the AG and AR2a districts, all of which is more specifically described herein (Proposal No. 2008Z-048T). The bill was approved by the Planning Commission. Mr. Gotto 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. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Ryman “Abstaining.”
An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, to require “automobile service” uses to be part of an adopted Specific Plan district except in the industrial districts, all of which is more specifically described herein. The bill was disapproved by the Planning Commission. Ms. Page 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. Page moved to pass the bill on second reading and defer the bill indefinitely so that Planning Commission concerns can be addressed, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.40 to require all amendments to the official zoning map or zoning regulations to be submitted to the department of law for approval as to form and legality. The bill was approved by the Planning Commission. Mr. Ryman 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. Ryman 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 Ray Fuller, Traffic Warrant Officer, on the occasion of his retirement from service with the Metropolitan Government of Nashville and Davidson County.
A resolution recognizing Mr. Donald Reid for his outstanding professional contributions to the Metropolitan Government through the implementation of Metro’s Pavement Preservation Program.
A resolution recognizing and congratulating Jake Simons on his accomplishments and participation in the 2008 National Geographic Bee.
A resolution recognizing Empirical Laboratories, LLC, as the 2008 Tennessee and U.S. Region IV Small Business Subcontractor of the Year.
A resolution recognizing the owners and employees of W.P. Camp & Sons upon 100 successful years of business.
A resolution recognizing the importance of the Cumberland River and declaring objectives toward restoring, preserving and protecting its health and vitality.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
- RESOLUTION -
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance requiring that all Metropolitan Government departments submit an annual report to the Council regarding actions taken to reduce paper consumption and postage expenses. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance amending Section 10.20.300 of the Metropolitan Code increasing the distance from residential structures as it pertains to the prohibition on nighttime dumpster collection. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to enter into renewal of a water easement at J. Percy Priest Dam and Reservoir Project 08-WG-0001 Corps of Engineer, Easement No. DACW62-2-88-0093. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.