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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 Jim Hodge.
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, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (39); Absent: Adkins (1).
The Minutes of the regular meeting of February 17, 2009, were approved.
- ELECTIONS AND CONFIRMATIONS -
Nashville and Eastern Rail Authority
The President announced that an election would be conducted to fill a two-year term on the Nashville and Eastern Rail Authority and that the name of Mr. J. B. Loring had been submitted in nomination for the position. Mr. Harrison reported that the Rules-Confirmations-Public Elections Committee had considered and found the nominee to be qualified for the seat. Mr. Gotto moved for the election of Mr. Loring by acclamation to the Nashville and Eastern Rail Authority, which motion was seconded and adopted by a voice vote of the Council with Mr. Holleman abstaining.
Arts Commission
Appointment of Mr. Jeff Carr for a term expiring January 1, 2010. Mr. Carr will fill the unexpired term of Mr. Eddie George. 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 Mr. Tony Dancy for a term expiring February 5, 2011. Mr. Dancy will fill the unexpired term of Dr. Cavit Cheshier. 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.
Electric Power Board
Appointment of Mr. Robert McCabe for a term expiring July 1, 2013. Mr. McCabe will fill the unexpired term of Mr. Justin Wilson. 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.
Hospital Authority
Appointment of Dr. Howard Burley for a term expiring July 11, 2009. Dr. Burley will fill the unexpired term of the late Dr. Lloyd Elam. 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.
Work Release Board
Reappointment of Mr. James Boyd 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.
Reappointment of Ms. Mona Frederick 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.
Reappointment of Rev. Frank Gordon 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.
Reappointment of Father Ed Steiner 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.
Notice was given by the President of a vacancy on the Industrial Development Board of the Metropolitan Government, which vacancies by law are to be filled by the Council. Nominations will be taken at the meeting of March 17, 2009, and an election held to fill the vacancy on April 7, 2009.
- 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 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 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). 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, 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 May public hearing, 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 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 CF to SP zoning for properties located at 1205, 1207, and 1211 Demonbreun Street, 201, 203, 205, and 207 12th Avenue South, and 1206, 1212, and 1214A Laurel Street, at the southwest corner of Demonbreun Street and 12th Avenue South (2.93 acres) and located within the Arts Center Redevelopment District, to permit the development of a maximum 24-story mixed-use building, all of which is described herein (Proposal No. 2008SP-035U-09). The bill was approved by the Planning Commission. Ms. Gilmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2009-386 and BL2009-387 were considered together.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to CS zoning for property located within a portion of the Charlotte Center Planned Unit Development at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, all of which is described herein (Proposal No. 2008Z-068U-07). 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 amending a portion of the Charlotte Center Planned Unit Development located at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, zoned R6 and proposed for CS (15.94 acres), to permit 153,231 square feet of retail, restaurant, commercial amusement (indoor), and financial institution uses where 134,578 square feet of retail, restaurant and commercial amusement (indoor) were previously approved, all of which is more particularly described herein (Proposal No. 1-72-U-07). The bill was approved by the Planning Commission.
Mr. Baker 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. Baker 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 CS to SP zoning and final site plan approval for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to permit wrecker service and automobile repair uses, all of which is described herein (Proposal No. 2009SP-003-001). The bill was approved by the Planning Commission. Mr. Hunt 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. Hunt 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 AR2a and RM20 to SP zoning properties located at 1452, 1450, 1448, 1446, and 1444 Bell Road, approximately 3,515 feet west of Blue Hole Road (40.21 acres), to permit the development of multi-family dwelling units, commercial, office and retail uses, all of which is described herein (Proposal No. 2007SP-037U-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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman 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 changing from R10 to SP zoning property located at 2007 Lombardy Avenue, approximately 260 feet east of Hillsboro Pike (0.67 acres), to permit the development of eight units, all of which is described herein (Proposal No. 2008SP-029U-10). The bill was approved by the Planning Commission. Mr. McGuire moved to defer the bill to the May 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 applying an Institutional Overlay District to Fisk University located east of Dr. D.B. Todd Boulevard, along 16th Avenue North, 17th Avenue North, Herman Street, Jackson Street, Jefferson Street, Meharry Boulevard, and Phillips Street (44.23 acres), zoned RM20 and within the Jefferson Street Redevelopment District, to identify the proposed campus boundaries and future university planning efforts, all of which is described herein (Proposal No. 2008IN-002U-08). 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 no one came forward to be heard. The President declared the public hearing closed. Ms. Barry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Ms. Gilmore 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 amending the preliminary plan for the Nashville West Planned Unit Development located at 6702, 6704, 6708, 6734, 6806, 6814, and 6816 Charlotte Pike and Charlotte Pike (unnumbered), located between Summerly Drive and I-40 (53.16 acres), to increase the overall PUD square footage from 521,921 to 527,458 square feet of retail, office, and restaurant uses and to eliminate the approved 24 multi-family units, zoned SCR, all of which is more particularly described herein (Proposal No. 2004P-036-001). The bill was approved by the Planning Commission. Mr. Baker 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. Baker 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. BL2009-393 and BL2009-394 were considered together.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from SCN to CS zoning property located within a Commercial Planned Unit Development at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), all of which is described herein (Proposal No. 2009Z-001PR-001). 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 amending a portion of the Commercial Planned Unit Development located at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), to permit a 45,773 square foot self-service storage facility, and a possible future park, all of which is more particularly described herein (Proposal No. 8-65P-001). The bill was approved by the Planning Commission.
Mr. Harrison 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. Harrison 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 IR to CF zoning for properties located at 607 and 612 10th Avenue North (6.66 acres), on the north side of Jo Johnston Avenue, all of which is described herein (Proposal No. 2009Z-002PR-001). The bill was approved by the Planning Commission. Ms. Gilmore moved to defer the bill to the May public hearing, the bill being requested by Hawkins Partners, Inc., which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2009-396
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 OR20 to CS zoning a portion of property located at 619 Due West Avenue, approximately 1,000 feet west of South Graycroft Avenue (0.05 acres), all of which is described herein (Proposal No. 2009Z-007PR-001). The bill was disapproved 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Craddock offered a substitute bill and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2009-396
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 OR20 to SP zoning a portion of property located at 619 Due West Avenue, approximately 1,000 feet west of S. Graycroft Avenue (0.05 acres), all of which is described herein (Proposal No. 2009Z-007PR-001). The bill was approved by the Planning Commission. 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 applying a Historic Preservation Overlay District to 11 properties located at 4903, 4905, 4907, 4909, 4910, 4911, 4914, and 4918 Tanglewood Drive North, Tanglewood Drive North (unnumbered) and Tanglewood Court (unnumbered), all of which is described herein (Proposal No. 2009Z-001HP-001). 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 R8 to SP zoning properties located at 2412, 2414, 2500, 2502 9th Avenue South, approximately 275 feet north of Montrose Avenue (1.63 acres), to permit the development of 15 cottage units around a common open space, all of which is described herein (Proposal No. 2008SP-036U-10). 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Moore moved to defer the bill indefinitely, the bill being requested by Randy Morgan, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a and CS to IWD zoning a portion of property located at 4032 Stewarts Lane, approximately 1,050 feet south of Ashland City Highway (4.46 acres), all of which is described herein (Proposal No. 2008Z-094U-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 CN to SP zoning properties located at 7860 Learning Lane and 8236 Collins Road, at the northeast corner of Collins Road and Learning Lane (1.58 acres), to permit a 15,824 square foot day care center for up to 175 children, all of which is described herein (Proposal No. 2009SP-001-001). 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 amending a portion of the Commercial Planned Unit Development district located at 3887 Central Pike, approximately 700 feet east of Old Hickory Boulevard, zoned CS, (1.46 acres), to permit a 4-story, 67 room hotel where a 2-story, 47-room hotel was previously approved, all of which is more particularly described herein (Proposal No. 6-74-G-14). The bill was approved by the Planning Commission. Mr. Gotto moved to defer the bill indefinitely so that public meetings can be held with affected neighbors, the bill being requested by Civil and Environmental Engineering, 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 OR20 zoning a portion of property located at 361 Flora Maxwell Road (0.25 acres), approximately 205 feet east of Nolensville Pike, all of which is described herein (Proposal No. 2009Z-003PR-001). The bill was approved by the Planning Commission. Mr. Hodge 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. Hodge moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a proposed Planned Unit Development located at 97 Chapel Avenue, at the northwest corner of Chapel Avenue and Eastland Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.26 acres), to permit the existing restaurant of approximately 2,490 square feet an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, all of which is described herein (Proposal No. 2009P-001-001). The bill was approved by the Planning Commission. Mr. Cole, on behalf of the sponsor, 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. Cole 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 Russell Bauman Brecheen, Jr., awarded Keep America Beautiful’s Iron Eyes Cody Award for 2008.
A resolution recognizing Mr. Chris Henson as Interim Director of Metropolitan Nashville Public Schools.
A resolution recognizing Granbery Elementary School’s recycling/environmental awareness program.
A resolution recognizing Keep America Beautiful’s Great American Cleanup and designating March, April and May 2009 as “Great American Cleanup Months” in Metropolitan Nashville and Davidson County.
A resolution in support of the United States Postal Service issuing a commemorative postage stamp honoring Sam Phillips.
A resolution commending the Wa-Hi-Nasa Lodge of the Order of the Arrow for its cheerful service in placing yellow ribbons in the Public Square to honor America’s military veterans on the occasion of Veterans Day 2008.
A resolution to honor The Beatles by proclaiming January 30, 2009, as Nashville Beatles Music Day; and also recognizing a performance by The WannaBeatles and contributions by the National Association of Music Educators (MENC).
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, Harrison, Hunt, Craddock, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (31); “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, Harrison, Hunt, Craddock, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (31); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
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 Ordinance No. BL2005-543 to modify a condition pertaining to the restriction of 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 (2009Z-015PR-001). Mr. Mitchell moved to defer the bill on first reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 6.04 of the Metropolitan Code to prohibit the placement and distribution of unauthorized advertisements in publications. 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 approving a memorandum of understanding between The Metropolitan Government of Nashville and Davidson County and Belmont University to create a Joint Information Center on the Belmont University campus in the event of a major disaster. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-WW and described below (Proposal No. 2009M-005PR-001). 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 and Planning, Zoning and Historical Committees by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.