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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 Reverend Emanuel Barnes Pastor and founder of Dominion Kingdom Christian Center.
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, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (40); Absent: Garrett (1).
The Minutes of the regular meeting August 19, 2008, were approved as amended to reflect that Ms. Langster voted in favor of Ordinance No. BL2008-251.
- ELECTIONS AND CONFIRMATIONS -
Agricultural Extension Board
Reappointment of Ms. Mary Jane Hurt for a term expiring August 1, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Joe West for a term expiring August 1, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Board of Health
Appointment of Mr. Sam Felker for a term expiring July 9, 2013. At the request of the nominee, the confirmation was deferred.
Property Standards and Appeals Board
Appointment of Mr. Brian Winfrey for a term expiring July 29, 2012. At the request of the nominee, the confirmation was deferred.
- 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 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 indefinitely, 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 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 withdraw the bill, the bill being requested by Charlie Simms, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2008-271 and BL2008-272 were considered together.
SUBSTITUTE BILL NO. BL2008-271
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 Cullum & Maxey Planned Unit Development located at 2600 Music Valley Drive and Music Valley Drive (unnumbered), approximately 5,995 feet north of McGavock Pike (3.25 acres), zoned CS and proposed for SP, approved for manufactured home sales, all of which is more particularly described herein (Proposal No. 49-75-U-14). The bill was approved by the Planning Commission.
SUBSTITUTE BILL NO. BL2008-272
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located within the Cullum & Maxey Planned Unit Development at 2600 Music Valley Drive and Music Valley Drive (unnumbered), approximately 5,995 feet north of McGavock Pike (3.25 acres), to permit "Vehicle sales and services, limited” with associated sales office, maintenance/service area and parts storage, all of which is described herein (Proposal No. 2008SP-020U-14). The bill was approved by the Planning Commission.
Mr. Claiborne requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and no one came forward to be heard. The President declared the public hearing closed. Mr. Claiborne 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 applying a Historic Landmark Overlay to properties located west of Shute Lane, along Old Hickory Boulevard, Rachels Lane, Hermitage Road, and Lebanon Pike (997.08 acres), zoned AR2a, R10 and R20 (Proposal No. 2008Z-063G-14). The bill was approved by the Planning Commission. Mr. Jernigan 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. Jernigan 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 R10 and RM20 to RM9 district, property located at Old Franklin Road (unnumbered) and 5540 Crossings Circle, approximately 680 feet north of Crossings Boulevard (34.8 acres), all of which is described herein (Proposal No. 2008Z-050U-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 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.
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 RS7.5 to SP zoning a portion of property located at 2400 Fairfax Avenue, at the northwest corner of Fairfax Avenue and 24th Avenue South (4.2 acres), to permit community education, staff and teacher training, and an office for The Nashville Alliance for Public Education in existing structures totaling 44,568 square feet, all of which is described herein (Proposal No. 2008SP-015U-10). The bill was approved by the Planning Commission. Mr. Durbin 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. Durbin 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. BL2008-276 and BL2008-277 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 canceling the Hermitage Exit Property Planned Unit Development District Overlay on property located at Old Hickory Boulevard (unnumbered), approximately 600 feet south of I-40, approved for 204,000 square feet of office/retail uses (9.95 acres), zoned CL and proposed for OL, all of which is described herein (Proposal No. 90-85-P-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 CL to OL zoning property located at Old Hickory Boulevard (unnumbered), approximately 600 feet south of I-40 (9.95 acres), all of which is described herein (Proposal No. 2008Z-065G-14). The bill was approved by the Planning Commission.
Mr. Gotto requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and no one came forward to be heard. The President declared the public hearing closed. Mr. Gotto 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 changing from SP, OR20, and R6 to SP for property bonded by Rosa Parks Boulevard on the west, Interstate – 65 on the south and Dominican Street on the south and east and located at 2004, 2006, and 2011 4th Avenue North; 1919, 1920, 1921, 1922, 1925, 1927, 2000 and 2006 5th Avenue North and 5th Avenue North (unnumbered); 1918, 1920, 1922, and 1924 6th Avenue North; 306, 308, 310, 312, 400, 402, 404, 408, and 410 Clay Street; and Rosa L. Parks Boulevard (unnumbered), to permit an auto dealership with a 65,000 square foot building and a 760 square foot telephone utility/communication facility (6.94 acres), all of which is described herein (Proposal No. 2006SP-108U-08). The bill was approved by the Planning Commission. Mr. Harrison 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. Harrison 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 R10 to SP zoning for property located at 2635 Smith Springs Road, approximately 650 feet west of Bell Road (0.28 acres), to permit personal care services in an existing 1,792 square foot dwelling, all of which is described herein (Proposal No. 2008SP-014U-13). The bill was approved by the Planning Commission. Ms. Wilhoite 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. Wilhoite 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 SP and CS to SP for 6954 and 6962 Charlotte Pike, approximately 490 feet west of Cabot Drive (3.03 acres), to create a new SP district called "H20 Entrance Blocks" which will be part of the overall H20 development project and is proposed for 380,000 square feet of commercial/retail, office, residential and hotel uses, all of which is described herein (Proposal No. 2008SP-019U-06). Mr. Mitchell moved to withdraw the bill, 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 changing from R40 to SP zoning for a portion of property located at 1900 Graybar Lane, at the northwest corner of Graybar Lane and Benham Avenue (2.3 acres), to permit a Class IV daycare facility in an existing 13,725 square foot building, all of which is described herein (Proposal No. 2008SP-018U-10). The bill was approved by the Planning Commission. Mr. McGuire 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. Mr. McGuire filed petitions in favor of and in opposition to the bill and moved to defer the bill to the first meeting in October and re-refer the bill to the Planning, Zoning and Historical Committee, the bill being requested by Civil Site Design Group, which motion was seconded and adopted by a voice vote of the Council with Mr. Jernigan “Abstaining.”
SUBSTITUTE BILL NO. BL2008-282
An ordinance amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow microbreweries as a permitted use in the core frame and industrial zoning districts (Proposal No. 2008Z-070T). 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 amending Chapters 17.04, 17.08 and 17.16 of Title 17 the Metropolitan Code, Zoning Regulations, pertaining to small wind energy systems, all of which is more specifically described herein (Proposal No. 2008Z-071T). Mr. Tygard 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. Tygard moved to defer the bill indefinitely and re-refer the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution honoring the life and accomplishments of Nashville’s Public Defender Ross Alderman.
A resolution recognizing James E.K. Hildreth, Ph.D, M.D. for his extraordinary medical exploits.
A resolution recognizing Burton H. Hummell upon his retirement with the Metropolitan Convention Center Commission.
A resolution recognizing and congratulating Belmont University as they host the 2008 Town Hall Presidential Debate.
A resolution recognizing Nashville’s African American Street Festival.
A resolution recognizing and congratulating the Jess Neely baseball team on winning the 2008 Dixie Youth State Championship.
A resolution recognizing Silver Star Banner Day on May 1, 2009.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Harrison 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, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “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 with an amendment. Mr. Harrison offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Harrison moved to adopt the resolution as amended, 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, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Chapter 6.52 of the Metropolitan Code regarding the types of plumbing work for which a plumbers’ license is required, and adding specifications for the three license classifications. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance amending Chapters 15.32 and 15.48 of the Metropolitan Code pertaining to the billing procedures and due dates for water and sewer bills. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with McFarlinwoods LLC, to provide public sewer service in Williamson County to McFarlinwoods, Section 5 & 6, Project No. 03-SL-89. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
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 Trousdale Drive right-of-way (Proposal No. 2003M-093U-12). The bill was approved by 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 30th Avenue North right-of-way (Proposal No. 2008M-132U-8). The bill was approved by 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.
Upon motion duly seconded, the meeting was adjourned.