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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in adjourned session on this date at 6:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Reverend Raymond Bowman of Spruce Street 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: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Langster, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (36); Absent: Ryman, Gilmore, Baker, Crafton, Evans (5).
The Minutes of the regular meeting of October 21, 2008, were approved.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
The following proposed amendment to the Rules of Procedure of the Metropolitan Council was distributed and will be considered at the next regular meeting of Council:
Rule 20 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) shall be and the same is hereby amended by deleting the second sentence of the Rule in its entirety and substituting in lieu thereof the following new second sentence:
“The Metropolitan Clerk shall advertise such ordinance for public hearing and second reading; however, no public hearing shall be held by the Council until the recommendation of the Planning Commission has been submitted to the Metropolitan Clerk or at least thirty (30) days has elapsed from the date of referral to the Planning Commission without a recommendation.”
- ELECTIONS AND CONFIRMATIONS -
Action Commission
Appointment of Ms. Tomasa Bean for a term expiring February 2, 2010. At the request of the nominee, the confirmation was withdrawn.
Community Corrections Advisory Board
Appointment of Mr. Vince Wyatt for a term expiring August 31, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Educational Access Corporation
Appointment of Ms. Jane Grimes for a term expiring February 5, 2010. Ms. Grimes will fill the unexpired term of Mr. Elliott Mitchell. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Gas/Mechanical Examiners and Appeals Board
Appointment of Mr. Alvin Hayes for a term expiring August 21, 2012. Mr. Hayes will serve as the business representative. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harrison moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Transportation Licensing Commission
Reappointment of Ms. Jennifer Brundige for a term expiring October 10, 2010. 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 Ms. Helen S. Rogers for a term expiring October 10, 2010. 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. Tom Turner for a term expiring October 10, 2010. At the request of the nominee, the confirmation was deferred.
Wastewater Hearing Authority
Reappointment of Ms. Ruthie Brown Cherry for a term expiring October 1, 2010. 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 Dr. Edward Thackston for a term expiring October 1, 2010. At the request of the nominee, the confirmation was deferred to December 2, 2008.
- BILLS ON PUBLIC HEARING -
An ordinance amending Section 17.40.770 of Title 17 the Metropolitan Code, Zoning Regulations, to waive Board of Zoning Appeals application fees for certain applications filed by Members of Council, all of which is more specifically described herein. 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 no one came forward to be heard. 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 amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to create "after hours establishment" as a use permitted with conditions, and to provide restrictions and conditions regarding the location of after hours establishments, all of which is more particularly described herein (Proposal No. 2008Z-082T). The bill was approved 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 a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Ms. Page offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Page moved to pass the bill on second reading as amended, 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 Aldi Planned Unit Development (formerly Maxwell Brothers Produce Market) located on a portion of property at 1645 Bell Road, at the northwest corner of Bell Road and Benzing Road, zoned CL (2.94 acres), to permit the development of a l-story, 17,694 square foot retail establishment, replacing a 2,250 square foot retail establishment and to add the remainder of Parcel 41 to the boundaries of the PUD, all of which is described herein (Proposal No. 93P-004U-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 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 R8, R10, and CS zoning districts to SP zoning to create a new specific plan known as "Bakertown Specific Plan" for properties along Antioch Court, Antioch Pike, Bakertown Road, Cherokee Court, Cherokee Hills Drive, Cherokee Place, Ezell Road, Gasser Drive, Haystack Lane, Jansing Drive, Luna Drive, Rader Drive, and Spann Court (87.79 acres), to establish development and sign standards, and regulate land uses, all of which is described herein (Proposal No. 2008SP-023U-13). The bill was approved by the Planning Commission. 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 pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Dominy 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 applying the Institutional Overlay District to Aquinas College which is part of the Dominican Campus located at 4210-A Harding Pike, approximately 2,270 feet east of White Bridge Pike (46.28 acres), zoned R8, for a campus master plan containing a student recreation building, academic buildings, student center, several chapels, a library, a dining hall, an administration building, and several dormitories, all of which is described here in (Proposal No. 2008IN-001U-10). The bill was approved by the Planning Commission. Mr. Holleman 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. Holleman 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 BL2007-1512 of the previously approved Myatt Drive Thornton’s Specific Plan for property located at the southeast corner of Anderson Lane and Myatt Drive (1.87 acres), approved for a 3,740 square foot automobile convenience market with 7 gas pumps, and to permit a 3,755 square foot automobile convenience market with 8 gas pumps, all of which is described herein (Proposal No. 2006SP-162G-04). The bill was approved by the Planning Commission. Mr. Forkum 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. Forkum 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 a portion of property located at Elm Hill Pike (unnumbered), approximately 2,400 feet west of Massman Drive (3.9 acres), to permit an access drive to Elm Hill Pike, all of which is described herein (Proposal No. 2008SP-027U-14). The bill was approved by the Planning Commission. Mr. Claiborne 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. Claiborne 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 AR2a to RS80 zoning along Bakers Grove Road, Couchville Pike, Granny Wright Lane, Hobson Pike, S. Mt. Juliet Road, Palomino Place, Pugh Road, Stewarts Ferry Pike, and Thoroughbred Drive (2265.98 acres), all of which is described herein (Proposal No. 2008Z-078G-13). The bill was approved by the Planning Commission. Mr. Duvall 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. Duvall offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Duvall moved to pass the bill on second reading as amended, 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 Neighborhood Conservation Overlay for various properties on both sides of Whitland Avenue between Wilson Boulevard South and Bowling Avenue, zoned R8 (19.61 acres), all of which is described herein (Proposal No. 2008Z-079U-10). Mr. Holleman moved to defer the bill to the January public hearing inasmuch as the Planning Commission had not yet made a recommendation, 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 CN to R8 zoning property located at 2616 Buena Vista Pike, approximately 900 feet north of W. Trinity Lane (0.52 acres), all of which is described herein (Proposal No. 2008Z-075U-03). 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 amending BL2007-1482 of the previously approved Mt. Laurel Reserve Specific Plan for property located at Hicks Road (unnumbered), approximately 1,160 feet east of Sawyer Brown Road (36.25 acres), to permit the development of 129 townhomes where 106 townhomes were previously approved, all of which is described herein (Proposal No. 2007SP-081G-06). The bill was approved by the Planning Commission. In the absence of the sponsor, Mr. Tygard moved to defer the bill to the January public hearing, the bill being requested by Dale 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 R10 to CL district property located at 2918 Lebanon Pike, at the northwest corner of Lebanon Pike and Guill Court (1.4 acres), all of which is described herein (Proposal No. 2008Z-064U-14). The bill was disapproved by the Planning Commission. Mr. Stanley moved to defer the bill to the January public hearing because of insufficient notice to affected parties, the bill being requested by Georgina Abisellan, 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 S7.5, R8, and CS to SP zoning properties located at 2832 Whites Creek Pike and Rowan Drive (unnumbered), approximately 1,510 feet south of Briley Parkway (91.97 acres), to permit the development of a mixed retail, office, warehouse and industrial campus and open space, all of which is described herein (Proposal No. 2008SP-025U-03). The bill was disapproved 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 a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Harrison moved to defer the bill so that a proposed substitute bill could be reviewed with the developer, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to amend the definition of "mobile vendor" to exempt vending activity along Cleveland Street (Proposal No. 2008Z-088T). Mr. Gotto moved to defer the bill to the January public hearing at the request of the sponsor, 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, by making certain automobile and heavy equipment repair, services, and sales uses permitted only within the Specific Plan (SP) district (Proposal No. 2008Z-087T). The bill was disapproved by the Planning Commission. Ms. Page moved to defer the bill to the January public hearing, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the parking requirements for after hours establishments (Proposal No. 2008Z-086T). The bill was approved 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Page 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 17.24 of Title 17 of the Metropolitan Code, Zoning Regulations, to make the tree density requirements applicable to certain residential development, all of which is more particularly described herein (Proposal No. 2008Z-089T). The bill was approved by the Planning Commission. Ms. Barry 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 a citizen was heard with regard to passage of the bill. The President declared the public hearing closed. Ms. Barry moved to defer the bill to the first meeting in December, 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 CF to SP zoning for properties located at 1800 and 1806 West End Avenue and 1801 and 1807 Hayes Street, at the northwest corner of West End Avenue and 18th Avenue North (1.36 acres), to permit the development of a 190,033 square foot, 8-story mixed-use building containing hotel, restaurant and financial institution space, all of which is described herein (Proposal No. 2008SP-021U-10). 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 defer the bill in the absence of the sponsor, the bill being requested by Littlejohn Engineering Associates, Inc. which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Executive Director Ann Roberts of the Historical Commission of Metropolitan Government of Nashville and Davidson County on the occasion of her retirement.
A resolution recognizing Linda Borum, Administrative Assistant of the Metropolitan Codes Department Zoning Division, on the occasion of her retirement from service with the Metropolitan Government of Nashville and Davidson County.
A resolution recognizing Metropolitan Nashville Davidson County Police Department Deputy Chief Joseph Bishop on the occasion of his retirement.
A resolution recognizing Metro Police Canine Officer Jerry Denton and his partner Roscoe.
A resolution recognizing and congratulating Dr. Barbara Corso Ide of Thurgood Marshall Middle School on being named the 2008 National Distinguished Principal for the State of Tennessee.
A resolution recognizing the Bellevue Family YMCA and FiftyForward J. L. Turner Center on its 2nd Anniversary.
A resolution recognizing and acknowledging Metropolitan Social Services on the first anniversary of becoming accredited as meeting best practice standards.
A resolution recognizing Vanderbilt’s Expanded Aid Program.
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” Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Langster, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (29); “Noes” (0).
- RESOLUTIONS -
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Forkum, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Langster, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (28); “Noes” (0); “Abstaining” Bennett (1)
Without objection, the rules were suspended for consideration of one late (1) resolution.
A resolution approving a Second Amendment to a grant contract between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee Department of Correction and State Funding Board. Mr. Forkum moved to adopt the resolution and that the action of the Council serve as a recommendation of the Committee of the Whole, which motion was seconded and adopted by the following vote: “Ayes” Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Jameson, Cole, Bennett, Forkum, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Langster, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (29); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review Committee by a voice vote of the Council.
An ordinance authorizing the acquisition of certain right-of-way easements and construction easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of the Public Works Department Project No. 08-B-01, Cato Road Bridge (Proposal No. 2008M-152G-3). 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 approving and accepting a contribution in the amount of $110,000 from Murphy Development, LLC for purposes of transportation infrastructure improvements in the Swiss Avenue Area. 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 approving and accepting a contribution in the amount of $133,500 from Centex Homes for purposes of Transportation Infrastructure Improvements in the Southeast Infrastructure Deficiency Area associated with the Carter property (Proposal No. 2006SP-112G-12). 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 Acklen Avenue right-of-way (Proposal No. 2008M-173U-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 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 Alley No. 616 right-of-way (Proposal Number 2008M-049U-8). The bill was disapproved 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.
Upon motion duly seconded, the meeting was adjourned.