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Minutes

Metropolitan Council Meeting
Tuesday, January, 2008


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 Benjamin Sweat, Pastor of Mt. Bethel Methodist Church.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The Minutes of the regular meeting December 18, 2007, were approved.

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, 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 (39); Absent: Garrett, Burch  (2).

- ELECTIONS AND CONFIRMATIONS  -

Election of Public Administrator, Public Guardian, and Public Trustee
The Rules-Confirmations-Public Elections Committee recommended Ms. Peggy Mathes for Public Administrator. Mr. Ryman moved that Ms. Mathes be elected by acclamation, which motion was seconded and adopted by a voice vote of the Council.

The Rules-Confirmations-Public Elections Committee recommended Ms. Jeanan Mills Stuart for Public Guardian. Mr. Ryman moved that Ms. Stuart be elected by acclamation, which motion was seconded and adopted by a voice vote of the Council.

The Rules-Confirmations-Public Elections Committee recommended Mr. Thomas H. Ware for Public Trustee. Mr. Ryman moved that Mr. Ware be elected by acclamation, which motion was seconded and adopted by a voice vote of the Council.

Airport Authority
Appointment of Mr. Bob Walker for a term expiring January 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Arts Commission
Appointment of Ms. Meg MacFadyen for a term expiring January 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Stormwater Management Committee
Reappointment of Mr. Thomas Allen for a term expiring October 31, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Transportation Licensing Commission
Appointment of Mr. Ed Whitmore for a term expiring October 10, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Wastewater Hearing Authority
Appointment of Mr. John Barnes for a term expiring October 1, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- BILLS ON PUBLIC HEARING   -

SUBSTITUTE BILL NO. BL2007-19 

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 historic overlay district to 548 properties in Germantown bounded by Rosa Parks Boulevard, Jefferson Street, Hume Street, and 2nd Avenue North (92.04 acres), zoned R6, SP, OR20, MUN, MUG, CS, CF, and IR and within the Phillips-Jackson Redevelopment District, all of which is described herein (Proposal No. 2007Z-167U-08). Ms. Gilmore moved to defer the bill to the March public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-44 

An ordinance amending Chapter 17.04, 17.08, 17.12, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, to delete "mobile vendor" as a use, to add a new definition of “outdoor vendor”, to designate outdoor vendor as a use, and to add certain conditions applicable to outdoor vendors, all of which is more specifically described herein (Proposal No. 2007Z-176T). 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 and defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-45

An ordinance amending Section 17.40.410 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow the Historic Zoning Commission to determine the maximum building size and the building area within which a building can be located, including setbacks and height, for properties within historic overlay districts, all of which is more specifically described herein (Proposal No. 2007Z-113T). 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 and in opposition to 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.

BILL NO. BL2007-64 

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.40 pertaining to the approval of urban design overlay districts, all of which is more particularly described herein (Proposal No. 2007Z-178T).  The bill was disapproved by the Planning Commission. Mr. Stanley 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 opposition to passage of the bill.  The President declared the public hearing closed. Mr. Stanley moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-84 

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 SP district approved by Ordinance No. BL2007-1410 for property located at 2730 Lebanon Pike, approximately 260 feet west of Old Lebanon Pike, approved for an "automobile repair" use and all other uses permitted by the CS zoning district (1.49 acres), to require the installation of sidewalks along Lebanon Pike, all of which is described herein (Proposal No. 2007SP-064U-14). The bill was disapproved 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 a citizen was heard in opposition to passage of the bill.  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.

BILL NO. BL2007-87 

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 district and final site plan approval for property located at Middleton Street (unnumbered), between Middleton Street and Rolling Mill Hill Road (.48 acres), zoned CF and within the Rutledge Hill Redevelopment District, to permit no maximum height at the property line for the "District Building", all of which is described herein (Proposal No. 2007SP-186U-09). The bill was approved by the Planning Commission.  Mr. Jameson 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. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-88 

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 RS20 to CS district property located at 335 Boyd's Hilltop Drive, abutting the east margin of I-65 and north of Old Hickory Boulevard (1.06 acres), all of which is described herein (Proposal No. 2008Z-001G-04). 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 a citizen was heard in favor of passage of the bill.  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.

BILL NO. BL2007-89 

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 properties located at 803 Elliston Street, Ninth Street (unnumbered), Hadley Avenue (unnumbered), Donelson Avenue (unnumbered), and Elliston Street (unnumbered), at the southeast corner of Donelson Avenue and Elliston Street (5.25 acres), to permit the development of a maximum of 91 multi-family units and a maximum of 45,000 square feet of non-residential uses, all of which is described herein (Proposal No. 2007SP-171G-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 and defer the bill to the second meeting in February, the bill being requested by American Engineers, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-90 

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 zoning property located at 7972 McCrory Lane and a portion of property located at Beautiful Valley (unnumbered), approximately 1,735 feet north of I-40 (2.87 acres), all of which is described herein (Proposal No. 2007Z-149G-06). The bill was approved by the Planning Commission. Mr. Mitchell requested a hearing from the public on this bill which had been previously advertised.  The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard.  The President declared the public hearing closed.  Mr. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-91 

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 property located at Spring Branch Drive (unnumbered), approximately 250 feet east of Myatt Drive (1.47 acres), all of which is described herein (Proposal No. 2007Z-177G-04). The bill was approved by the Planning Commission. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised.  The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard.  The President declared the public hearing closed.  Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-92 

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 931 and 935 S. Douglas Avenue, approximately 260 feet west of 9th Avenue South (1.0 acres), to permit 10 cottage units and a storage building, all of which is described herein (Proposal No. 2007SP-173U-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 pass the bill on second reading and defer the bill indefinitely, the bill being requested by Barge Cauthen & Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-93 

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 property located at 6962 Charlotte Pike, approximately 860 feet west of I-40 (2.08 acres), all of which is described herein (Proposal No. 2007Z-179U-06). The bill was disapproved 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 a citizen was heard in favor of the bill.  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.

Without objection Bill Nos. BL2007-94, BL2007-95 and BL2007-96 were considered together.

BILL NO. BL2007-94 

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 RM9 to MUL a portion of property (1.10 acres) and from MUL to RM9 (.43 acres) located at Bell Road (unnumbered), approximately 465 feet north of Bell Forge Lane (1.53 total acres), and also located within the Ridgeview Urban Design Overlay district, all of which is described herein (Proposal No. 2008Z-002U-13).  

BILL NO. BL2007-95 

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 Planning Unit Development approval for a portion of property located at Bell Road (unnumbered), approximately 520 feet north of Bell Forge Lane (5.2 acres), currently located within the Ridgeview Urban Design Overlay, to permit 40,411 square feet of retail space in three buildings, all of which is described herein (Proposal No. 2007P-005U-13). The bill was disapproved by the Planning Commission.  

BILL NO. BL2007-96 

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 Ridgeview Urban Design Overlay district located at Bell Road (unnumbered), zoned RM9 and MUL (5.2 acres), all of which is described herein (Proposal No. 2003UD-003U-13). The bill was disapproved by the Planning Commission.

Mr. Duvall 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 a citizen was heard in favor of passage of the bills.  The President declared the public hearing closed.  Mr. Duvall moved to pass the bills on second reading and defer the bills indefinitely, the bills being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2007-97 and BL2007-98 were considered together.

BILL NO. BL2007-97  

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 RM15 zoning property located on Athens Way approximately 510 feet south of Metrocenter Boulevard (5.62 acres), all of which is described herein (Proposal No. 2007Z-077U-08). The bill was approved by the Planning Commission.

BILL NO. BL2007-98 

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 preliminary PUD approval for property located at Athens Way (unnumbered), approximately 510 feet south of Metrocenter Boulevard (5.62 acres), to permit a 64 unit multi-family complex in 4 buildings, all of which is described herein (Proposal No. 2007P-002U-08). 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 a citizen was heard in favor of passage of the bills.  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.

BILL NO. BL2007-99 

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 Parc at Metro Center Residential Planned Unit Development district located abutting the north side of Dominican Drive and the west side of Athens Way, (6.25 acres), to increase from 98 to 118 multi-family units in Phase 2, all of which is described herein (Proposal No. 2003P-009U-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.

BILL NO. BL2007-100 

An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow vehicular rental/leasing as a permitted use in the SCR district, all of which is more specifically described herein (Proposal No. 2008Z-004T).  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.

- CONSENT AGENDA RESOLUTIONS   -

RESOLUTION NO. RS2008-117

A resolution recognizing Environment and Conservation Commissioner Jim Fyke as Tennessee wins the 2007 Gold Medal Award for Excellence in Parks and Recreation Management.

RESOLUTION NO. RS2008-118

A resolution recognizing and congratulating Miss Kristen Herring upon being crowned Miss Black Tennessee USA, 2007-2008.

RESOLUTION NO. RS2008-119

A resolution recognizing and congratulating Ben Phosarath on winning first place in the “Beautiful Nashville says ‘NO’ to Trashville” art contest for 2007.

RESOLUTION NO. RS2008-120

A resolution recognizing and congratulating Samson Gaynon on winning second place in the “Beautiful Nashville says ‘NO’ to Trashville” art contest for 2007.

RESOLUTION NO. RS2008-121

A resolution recognizing and congratulating Nailah Raab on winning third place in the “Beautiful Nashville says ‘NO’ to Trashville” art contest for 2007.

RESOLUTION NO. RS2008-122

A resolution recognizing the Nashville Rescue Mission on its fifty-two years of service to the homeless in the Nashville community.

RESOLUTION NO. RS2008-123

A resolution recognizing the Neighborhood Association Presidents of Council District 6 of Metropolitan Nashville and Davidson County.

RESOLUTION NO. RS2008-124

A resolution recognizing Nashville’s Annual African American Street Festival.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee.  Mr. Ryman moved to adopt the resolutions, which motion was seconded and adopted by the following vote:  “Ayes”  Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson,  Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans,  Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

-  RESOLUTION   -

RESOLUTION NO. RS2008-125

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. Ryman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman 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, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Langster, Crafton, Evans,  Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILL ON INTRODUCTION AND FIRST READING  -

BILL NO. BL2008-111

An ordinance amending Title 3 of the Metropolitan Code pertaining to health insurance benefits for members of the Metropolitan Council, all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.


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