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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 Councilman Sean McGuire.
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: 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, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (38); Absent: Garrett, Langster (2).
The Minutes of the special and regular meetings of December 16, 2008, were approved.
Councilman Durbin was acknowledged for his service on the Council, and his letter of resignation was made a part of the record, as follows. Councilmember-at-Large Barry will handle 18th District Council matters until a special election is held to fill the vacancy.
January 3, 2009
Vice Mayor Diane Neighbors
Metropolitan Courthouse
One Public Square, Suite 204
Nashville, TN 37219
RE: Resignation from the Metropolitan Council
Dear Vice Mayor Neighbors:
I offer this letter to you as formal notice of my resignation from the Twelfth Metro Council effective January 5, 2009. While it is with sadness that I leave office, it is also with tremendous anticipation of continuing service to our city as Metro’s Director of Information Technology.
In the year and a half I served with the Metro Council, I’ve had the privilege of meeting and working with not only Council members but also commissioners, Metro employees and citizens who care for Nashville and its continuing success as strongly as I do. I will certainly miss working with my council colleagues on an ongoing basis, and remain confident that our citizens have selected thoughtful and conscientious representatives.
On a personal note, I want to thank you for the committee appointments which you made possible during my service.
Once again, I thank you and each member of the Metro Council for your service to our community.
Most Sincerely,
/s/ Keith Durbin
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
The Rules-Confirmations-Public Elections Committee recommended indefinite deferment of the following proposed amendment to the Rules of Procedure of the Metropolitan Council, which motion was seconded and adopted by a voice vote of the 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 either (a) the recommendation of the Planning Commission has been submitted to the Metropolitan Clerk; or (b) one or both of the following has occurred: (1) at least thirty (30) days has elapsed from the date of referral to the Planning Commission without a recommendation; or (2) the Planning Commission deferred action of the ordinance for the specific purpose of obtaining more information regarding the substance and impact of the legislation.”
- ELECTIONS AND CONFIRMATIONS -
Action Commission
Reappointment of Dr. Calvin Atchison for a term expiring December 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.
Alarm Appeals Board
Appointment of Ms. Julia Hunt for a term expiring November 4, 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.
Appointment of Mr. Randy Woodard for a term expiring November 4, 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.
Arts Commission
Reappointment of Ms. Laurie Eskind for a term expiring January 1, 2013. 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.
Appointment of Ms. Phila Rawlings Hach for a term expiring January 1, 2013. 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.
Appointment of Ms. Paula Roberts for a term expiring January 1, 2013. At the request of the nominee, the confirmation was deferred.
Educational Access Corporation
Appointment of Ms. Janet Henderson for a term expiring February 5, 2010. Ms. Henderson will fill the unexpired term of Ms. May Dean Eberling. 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.
Appointment of Mr. Joel Sullivan for a term expiring February 5, 2010. Mr. Sullivan will fill the unexpired term of Mr. Edward Jones. 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.
Stormwater Management Committee
Appointment of Mr. Dodd Galbreath for a term expiring October 31, 2012. 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.
- 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 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 March public hearing and re-refer the bill to the Historic Zoning 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 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. Mr. Crafton 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. Crafton 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 SP zoning for properties located at 6943 and 6947 Burkitt Road and Burkitt Road (unnumbered), approximately 4,200 feet east of Nolensville Pike (46.63 acres), to permit the development of 64 single-family, 80 attached cottage, and 40 townhome units, all of which is described herein (Proposal No. 2008SP-024G-12). The bill was approved by the Planning Commission. Mr. Toler 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. Toler moved to defer the bill indefinitely, the bill being requested by Littlejohn Engineering Associates, 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 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 withdraw the bill, requested by Georgina Abisellan, as the applicant had not responded to requests for community input nor proceeded as the sponsor felt appropriate, 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). Ms. Murray moved to defer the bill to the March public hearing, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code of Laws and requiring construction, enforcement and application of the zoning code consistent with federal law. 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.
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 to AR2a (18.35 acres) and from AR2a to CS (3.2 acres) and IWD (18.6 acres) zoning a portion of properties located at 3952 Stewarts Lane and Stewarts Lane (unnumbered), approximately 1,725 feet south of Ashland City Highway (40.15 acres), all of which is described herein (Proposal No. 2008Z-084U-03). The bill was approved by the Planning Commission. Mr. Matthews 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. Matthews 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 CL to R20 zoning property located at 566 Old Hickory Boulevard, approximately 1,100 feet south of Tolbert Road (1.97 acres), all of which is described herein (Proposal No. 2008Z-083G-06). The bill was disapproved by the Planning Commission. Ms. Evans 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. Evans 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 to IWD zoning a portion of property at 2432 Brick Church Pike, approximately 1,870 feet north of West Trinity Lane (4.0 acres), all of which is described herein (Proposal No. 2008Z-072U-03). The bill was approved by the Planning Commission. Mr. Harrison moved to defer the bill to the March public hearing due to insufficient public hearing, the bill being requested by the Calligan Family Limited Partnership, 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 RS10 zoning various properties located along Clairmont Place, between Belmont Boulevard and Woodmont Boulevard (14.84 acres), all of which is described herein (Proposal No. 2008Z-092U-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 no one came forward to be heard. The President declared the public hearing closed. Mr. McGuire 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 the Home Depot Planned Unit Development Overlay, approved by Council Bill BL2005-881, located at Gallatin Pike (unnumbered), at the northwest corner of Gallatin Pike and Joyce Lane, classified SCR (1.81 acres), to delete Condition #20 restricting access to Joyce Lane and to allow for the development of a 4,952 square foot financial institution, replacing two 3,600 square foot restaurants, all of which is described herein (Proposal No. 2005P-027U-05). The bill was approved by the Planning Commission. Mr. Craddock 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. Craddock 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 CS to IWD zoning property located at 1216 Dickerson Pike, approximately 830 feet east of W. Campbell Road (1.84 acres), all of which is described herein (Proposal No. 2008Z-093G-02). Mr. Ryman moved to defer the bill indefinitely due to insufficient public notice, the bill being requested by Timothy and Shelley Tinnin, 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 the Banbury Crossing Planned Unit Residential Development district located on a portion of property at 5999 Edmondson Pike, approximately 180 feet north of Mt. Pisgah Road, zoned R40, (4.2 acres), all of which is described herein (Proposal No. 96P-007G-12). The bill was approved by the Planning Commission. Mr. Toler 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. Toler 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 CL to RS7.5 zoning a portion of property located at 415 W. Trinity Lane, approximately 560 feet west of Monticello Drive (4.10 acres), all of which is described herein (Proposal No. 2008Z-085U-03). Mr. Harrison moved to withdraw the bill, 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 existing Green Hills Urban Design Overlay (UDO) District to add properties located at 2000 and 2002 Richard Jones Road, approximately 500 feet east of Hillsboro Pike (7.21 acres), zoned SP and OR20, to require all provisions of the Green Hills UDO to apply to these properties, all of which is more particularly described herein (Proposal No.2002UD-001U-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 no one came forward to be heard. The President declared the public hearing closed. Mr. McGuire 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 CS to SP zoning for properties located at 416 Murfreesboro Pike and 811 Elm Hill Pike, approximately 1,135 feet west of Fesslers Lane (0.37 acres), to permit a boarding house with 32 living units with kitchens in an existing 32 room motel facility, all of which is described herein (Proposal No. 2008SP-031U-11). The bill was approved by the Planning Commission. Ms. Moore 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. Moore 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 SP zoning properties located at 115 Woodmont Boulevard, approximately 775 feet south of Harding Pike (7.41 acres), to permit Abe's Garden at Park Manor, an independent living, assisted-care and nursing home facility consisting of three residential buildings comprised of a proposed 2-story south building containing a senior day-care facility and 80 beds, an existing 7-story central tower containing 32 beds and 85 units, and a proposed 10-story north tower containing 99 units, all of which is described herein (Proposal No. 2008SP-030U-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 no one came forward to be heard. 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 amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, amending the definition of “automobile repair” and “automobile service” as it relates to the number of days in which vehicles being repaired or serviced may remain on the premises (Proposal No. 2008Z-091T). 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.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing C. William (Bill) McKee.
A resolution recognizing and congratulating Grand Prize Winner Karen Sosa on her winning entry in the “Put Waste in its Place: Keep Nashville Beautiful” art contest.
A resolution recognizing and congratulating Second Place Winner Katilyn Cunningham on her winning entry in the “Put Waste in its Place: Keep Nashville Beautiful” art contest.
A resolution recognizing and congratulating Third Place Winner Triston Kendell on his winning entry in the “Put Waste in its Place: Keep Nashville Beautiful” art contest.
A resolution recognizing and congratulating the 2008 finalists in the “Put Waste in its Place: Keep Nashville Beautiful” art contest.
A resolution recognizing Minuet Talley on winning the Baker and Taylor Cat Calendar artwork for 2009.
A resolution recognizing Hume Fogg and Martin Luther King Jr. Academic Magnet High Schools on placing on America’s Top 100 High Schools list.
A resolution recognizing BURNT’s 20th Anniversary.
A resolution recognizing the contributions of The Go Green With Dr. Gangrene campaign, New Valiant Productions, and WNAB CW 58 Creature Feature for their faithful service in the best interest of the City of Nashville Tennessee.
A resolution recognizing the Walk/Bike Nashville program on their 10th year anniversary.
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, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (36); “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. Harrison moved to adopt the resolution, 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, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Section 2.44.210 of the Metropolitan Code to allow the Chief of Police of the Metropolitan Nashville Police Department to contract with smaller cities within the area of the Metropolitan Government to provide extra-duty police services. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance amending Section 7.08.140 of the Metropolitan Code to prohibit the sale of single cans or bottles of beer by off-sale permit holders in certain areas of Nashville. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before October 7, 2008. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance approving a master agreement between The Metropolitan Government of Nashville and Davidson County and Fifth Third Bank for the purpose of stabilizing the net expense incurred in the purchase of gasoline and/or diesel fuel. 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 authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of real property located at the southeasterly corner of Hamilton Church Road and Mt. View Road, further described as a portion of Tax Map 164-00, a portion of Parcels 196 and 193 (Proposal No. 2009M-002PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library and Recreation 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 Basswood Avenue right-of-way (Proposal No. 2008M-208U-3). 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 Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Section 17.40.120 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the determination of inactivity of a planned unit development, all of which is more particularly described herein. Upon motion duly made and seconded, objection was heard to passage on first reading and the bill was deferred pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council.
Upon motion duly seconded, the meeting was adjourned.