Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, March 1, 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 Councilman Tim Garrett.

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, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (36); Absent: Harrison, Burch, Crafton, Evans, Adkins (5).

The Minutes of the regular meeting of February 15, 2011, were approved.

- PROPOSED RULES AMENDMENT -

The Rules-Confirmations-Public Elections Committee recommended deferment of the following proposed amendment to the Rules of Procedure of the Metropolitan Council:

Rule 12 of the 2007-2011 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) - by deleting said rule and substituting with the following new Rule 12:

12. Zoning public hearings

Public hearings on zoning bills shall be held on the first meeting of each month. The Clerk shall exclude ordinances on public hearing from any other Council meeting, except when required by law to be earlier held. This rule shall not preclude any other matters from being considered on the first meeting of each month other than honorary resolutions as provided in Rule 24.

Mr. Garrett moved to defer the amendment, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Reappointment of Mr. Randy Woodard for a term expiring November 4, 2012. 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.

Arts Commission
Reappointment of Ms. Kim Fowler for a term expiring January 1, 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.

Appointment of Mr. Larry Keeton for a term expiring January 1, 2013. Mr. Keeton will fill the unexpired term of Ms. Phila Hach. 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.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2010-674

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 District to modify variations to the conventional standards of the underlying base zoning, located along Hillsboro Pike, Hillsboro Drive, Hillsboro Circle, Hobbs Road, Warfield Drive, Richard Jones Road, Bandywood Drive, and Abbott Martin Road (107.87 acres) classified SCR, all of which is more particularly described herein (Proposal No. 2002UD-001-001). Mr. McGuire moved to defer the bill to the July public hearing, 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). The Planning Commission recommended indefinite deferment. Mr. Cole moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-827

An ordinance amending Chapters 17.04, 17.08, and 17.16 of the Metropolitan Code by deleting the definitions of “cash advance”, “check cashing”, “pawnshop”, and “title loan”, and deleting such uses from the land use table and the land use development standards (Proposal No. 2010Z-024TX-001). 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. BL2011-844

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 RS5 to MUN zoning for properties located at 2733 and 2737 Herman Street, at the southeast corner of Herman Street and 28th Avenue North (0.17 acres), all of which is described herein (Proposal No. 2010Z-015PR-001). The bill was disapproved 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.

BILL NO. BL2011-845

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 MUN zoning for property located at 3954 Dodson Chapel Road, approximately 230 feet south of Central Pike (1.43 acres), all of which is described herein (Proposal No. 2010Z-029PR-001). The bill was approved 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 moved to pass the bill on second reading and defer the bill to the first meeting in April so that remaining concerns of contiguous property owners could be addressed, the bill being requested by Faran Derdowsi, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-846

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 property located at 2724 Elm Hill Pike, approximately 900 feet west of Donelson Pike (1.28 acres), to permit hotel and restaurant uses, all of which is described herein (Proposal No. 2011SP-001-001). 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.

BILL NO. BL2011-847

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 ON zoning for property located at 1101 38th Avenue North, approximately 180 feet north of John L. Driver Avenue (0.17 acres), all of which is described herein (Proposal No. 2010Z-026PR-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.

BILL NO. BL2011-848

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 property located at 2353 Gallatin Pike, approximately 400 feet east of Riverchase Boulevard (15.04 acres), to permit an expansion to an existing auto sales facility for auto sales (new and used), auto service, auto repair, car wash, private fuel storage and dispensing, auto parts sales, and auto storage, all of which is described herein (Proposal No. 2010SP-022-001). 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. BL2011-849

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 MUN zoning for property located at 307 Wilburn Street, approximately 200 feet east of Meridian Street (0.28 acres), all of which is described herein (Proposal No. 2010Z-031PR-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. BL2011-850

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 MUL zoning for property located at 2300 Charlotte Avenue, at the northwest corner of Charlotte Avenue and 23rd Avenue North (1.1 acres), all of which is described herein (Proposal No. 2010Z-027PR-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.

BILL NO. BL2011-851

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 RS20 zoning for property located at 5700 Cane Ridge Road, opposite Blairfield Drive (5.49 acres), all of which is described herein (Proposal No. 2010Z-028PR-001). 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.

BILL NO. BL2011-852

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 MUN zoning for property located at 7000 Harper Road, at the southeast corner of Clarksville Pike and Harper Road (3.9 acres), all of which is described herein (Proposal No. 2010Z-030PR-001). 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.

BILL NO. BL2011-853

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 SP zoning for property located at 24 Lincoln Street, at the northwest corner of Lincoln Street and Perkins Street (0.26 acres), to permit an existing one-story brick structure to be used as five apartment units, all of which is described herein (Proposal No. 2010SP-020-001). 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.

BILL NO. BL2011-854

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 RS5 to MUN zoning for property located at 731 McFerrin Avenue, at the southeast corner of McFerrin Avenue and Chicamauga Avenue within the Greenland Neighborhood Conservation Overlay (0.32 acres), all of which is described herein (Proposal No. 2010Z-033PR-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.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2011-1554

A resolution recognizing “Read Across America Day” in Nashville, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

Ms. Barry requested a suspension of the rules to override the committee recommendation for deferment of RS2011-1555 and no objection was heard.

RESOLUTION NO. RS2011-1555

A resolution recognizing March 8, 2011, to be the 100th Anniversary of International Women’s Day and Act Like a GRRRL Day in Nashville.

Ms. Page moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2011-1556

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” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-858

An ordinance amending Section 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, to modify the requirements applicable to home occupations (Proposal No. 2010Z-025TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2011-859

An ordinance amending Section 10.20.340 of the Metropolitan Code to allow persons owning property in Davidson County to utilize the Metropolitan Solid Waste Convenience Centers at the same fee charged to Davidson County residents. In the absence of the sponsor, the bill was deferred pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council.

BILL NO. BL2011-860

An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located along Highway 70 South, all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2011-861

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located along Highway 70 South, all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2011-862

An ordinance amending Chapter 2.210 of the Metropolitan Code relative to the eligibility requirements for the receipt of Economic and Community Development Incentive Grants. 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.

BILL NO. BL2011-863

An ordinance amending Chapter 7.16 of the Metropolitan Code pertaining to the location restrictions for the sale of liquor by artisan distilleries. 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.

BILL NO. BL2011-864

An ordinance amending Section 2.78.010 of the Metropolitan Code to modify the provision pertaining to the selection of an operator for the State Fair. Ms. Moore moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.