Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, January 4, 2011


The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Pastor Craig Schaub of Spirit of Life 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: Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (38); Absent: Garrett, Burch, Adkins (3).

The Minutes of the regular meeting of December 21, 2010, were approved.

- ELECTIONS AND CONFIRMATIONS -

Human Relations Commission
Appointment of Ms. Loraine Segovia-Paz for a term expiring April 8, 2012. At the request of the nominee, the confirmation was deferred.

Social Services Commission
Appointment of Ms. Mary Rolando for a term expiring April 3, 2015. Ms. Rolando will fill the unexpired term of Mr. Patrick Willard. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Solid Waste Region Board
Reappointment of Mr. Mike Pearigen for a term expiring December 15, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. John Sherman for a term expiring December 15, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Work Release Commission
Reappointment of Mr. David Biggs for a term expiring January 15, 2015. At the request of the appointing authority (Sheriff Daron Hall), the confirmation was deferred indefinitely.

Reappointment of Mr. Patrick Curran III for a term expiring January 15, 2015. At the request of the nominee, the confirmation was deferred.

Reappointment of Ms. Loren B. Gaiters for a term expiring January 15, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2010-754

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.16.250 pertaining to cosmetology and barber shops as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2009Z-032TX-001). 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Stanley offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Stanley moved to pass the bill on second reading as amended and re-refer the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-772

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to AR2a zoning for various properties located at 7739 Charlotte Pike and at Charlotte Pike (unnumbered), approximately 4,700 feet west of Sawyer Brown Road (65.49 acres), all of which is described herein (Proposal No. 2010Z-025PR-001). 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.

BILL NO. BL2010-783

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Regulations, relative to Nonconforming Uses and Structures, all of which is more particularly described herein (Proposal No. 2010Z-019TX-001). Mr. Cole moved to defer the bill to the March public hearing so that additional input and revisions can be considered, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-786

An ordinance amending Section 17.04.060 by modifying the definitions of “cash advance”, “check cashing”, “pawnshop”, and “title loan”, all of which is more specifically described herein (Proposal No. 2010Z-021TX-001). Mr. Hollin moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-798

An ordinance amending Sections 17.04.060 and 17.32.050 of Title 17 of the Metropolitan Code, Zoning Regulations, to add a definition for tri-face billboards and to exempt tri-face billboards from the distance requirements applicable to electronic signs (Proposal No. 2010Z-023TX-001). 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.

BILL NO. BL2010-799

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 Downtown Donelson Urban Design Overlay District for properties located on Lebanon Pike from Briley Parkway to Stewarts Ferry Pike, and on Old Lebanon Pike, J.B. Estille Drive, Donelson Pike, Fairway Drive, McGavock Pike, Crump Drive, Park Drive, Graylynn Drive, Cliffdale Drive, and Benson Road (229.35 acres), to revise signage standards, all of which is described herein (Proposal No. 2009UD-001-002). 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Claiborne moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-800

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 2400, 2402 and 2404 West End Avenue, at the northwest corner of West End Avenue and 24th Avenue North (1.37 acres), to permit the development of a structure containing hotel, retail, and restaurant uses with underground parking, all of which is described herein (Proposal No. 2010SP-021-001). The bill was approved by the Planning Commission. Ms. Langster 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. Langster 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. BL2010-801 and BL2010-802 were considered together.

BILL NO. BL2010-801

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling the Harding Place Condos Residential Planned Unit Development located at 112 Harding Place, east of Harding Pike, zoned Multi-Family Residential (RM40) and within the Floodplain Overlay District (0.87 acres), approved for 14 condominium units, all of which is described herein (Proposal No. 2005P-005-001). The bill was approved by the Planning Commission.

BILL NO. BL2010-802

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 approximately 0.87 acres from RM40 and within the Floodplain Overlay District to SP to construct 60 parking spaces for Harding Academy on property located at 112 Harding Place, east of Harding Road, all of which is described herein (Proposal No. 2010SP-018-001). The bill was approved by the Planning Commission.

Ms. Evans 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. Ms. Evans moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2010-803

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 SP zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), to permit a mixture of commercial and/or medical uses along with a possible assisted-living facility and active senior living, all of which is described herein (Proposal No. 2010SP-019-001). 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.

BILL NO. BL2010-804

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 SP zoning for property located at 1503 Dickerson Pike, at the northeast corner of Dickerson Pike and Gatewood Avenue and within the Dickerson Pike Sign Urban Design Overlay (2.25 acres), to permit all uses permitted by RM60 zoning, all of which is described herein (Proposal No. 2010SP-017-001). The bill was approved by the Planning Commission. Mr. Hollin 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. Hollin moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-805

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 (adopted with Council Bill BL2008-137) for the previously approved Starwood Commons Specific Plan District, for property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to allow all previously approved uses associated with the Starwood Amphitheater to be temporarily permitted, all of which is described herein (Proposal No. 2008SP-002-002). The bill was approved by the Planning Commission. Mr. Maynard 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. Maynard moved to pass the bill on second reading and re-refer the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council with Mr. Coleman abstaining.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2011-1501

A resolution recognizing and congratulating Gracie Porter on being named Chairman of the Metropolitan Nashville Board of Education.

RESOLUTION NO. RS2011-1502

A resolution recognizing Goodlettsville’s David Wilson.

RESOLUTION NO. RS2011-1503

A resolution recognizing the Nashville Health Care Council’s 15th Anniversary.

RESOLUTION NO. RS2011-1504

A resolution recognizing and congratulating Head Coach Charles Hunter, the players and staff of the Nashville Storm on winning the 2010 NAFL National Championship.

RESOLUTION NO. RS2011-1505

A resolution proclaiming March 23, 2011 as “John Lewis Day” in Davidson County.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2011-1506

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-832

An ordinance authorizing Bristol Development Group to install, construct, and maintain an underground encroachment for the property located at 1700 State Street (Proposal No. 2010M-006EN-001). The bill was approved by the Planning Commission.

BILL NO. BL2011-833

An ordinance naming the auditorium at the Howard Office Building in honor of Sonny West.

A motion was made and duly seconded to pass the bills on introduction and first reading, but no vote was taken.

Upon motion duly seconded, the meeting was adjourned.