Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, January 3, 2012


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 Jerry Maynard.

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, Steine, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (38); Absent: Garrett, Glover, Weiner (3).

The Minutes of the regular meeting of December 20, 2011, were approved.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Dr. Calvin Atchison for a term expiring December 1, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Arts Commission
Reappointment of Ms. Jean Ann Banker for a term expiring January 1, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Don Hardin for a term expiring January 1, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Meg MacFadyen for a term expiring January 1, 2016. At the request of the nominee, the confirmation was deferred to February 7, 2012.

Airport Authority
Reappointment of Mr. Robert Walker for a term expiring January 1, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Community Corrections Advisory Board
Appointment of Mr. Bill Coleman for a term expiring November 10, 2014. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Community Education Commission
Reappointment of Dr. Edward Hantel for a term expiring October 1, 2013. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Farmers Market Board
Appointment of Ms. Joycelyn Stevenson for a term expiring December 5, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Public Records Commission
Appointment of Councilman Ronnie Steine for a term expiring August 31, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council with Mr. Steine abstaining.

Sports Authority
Reappointment of Ms. Lauren Brisky for a term expiring December 19, 2017. At the request of the nominee, the confirmation was deferred to February 21, 2012.

Appointment of Mr. Julius “Chuck” Meriwether for a term expiring October 19, 2017. Mr. Meriwether will represent the 1st School District. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Ed Temple for a term expiring December 19, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Work Release Board
Reappointment of Dr. Doug Morgan for a term expiring January 1, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Don Purdy for a term expiring January 1, 2014. At the request of the nominee, the confirmation was deferred to February 7, 2012.

Reappointment of Ms. Dorcas Sheffield for a term expiring January 1, 2014. At the request of the nominee, the confirmation was deferred to February 7, 2012.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2011-30

An ordinance amending Chapter 17.40 of the Metropolitan Code to prohibit the conversion of nonconforming static billboards to tri-face billboards, all of which is more particularly described herein (Proposal No. 2011Z-016TX-001). Ms. Johnson 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. BL2011-47

An ordinance to amend Title 8 and Title 17 of the Metropolitan Code to modify the regulations and standards pertaining to the keeping of chickens (Proposal No. 2011Z-020TX-001). The bill was approved by the Planning Commission. Ms. Bennett 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. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-48

An ordinance amending Chapter 17.40 of the Metropolitan Code relative to the destruction of nonconforming signs, all of which is more particularly described herein (Proposal No. 2011Z-019TX-001). Mr. Claiborne moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-66

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 MUL to SP zoning for a portion of properties located at 2300 and 2302 Riverside Drive, at the intersection of Riverside Drive and McGavock Pike (0.19 acres), to permit an animal boarding facility and all uses permitted in the MUL district, all of which is described herein (Proposal No. 2011SP-027-001). The bill was approved by the Planning Commission. Mr. Anthony Davis 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 the bill. The President declared the public hearing closed. Mr. Anthony Davis moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-67

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 MUL-A zoning for properties located at 5102, 5104, 5106 and 5108 Delaware Avenue, approximately 150 feet west of 51st Avenue North (0.69 acres), all of which is described herein (Proposal No. 2011Z-019PR-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 citizens were heard in favor of and in opposition to passage of the bill. 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.

BILL NO. BL2011-68

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 OR20 zoning for properties located at 7201 Charlotte Pike and at Charlotte Pike (unnumbered), approximately 3,400 feet east of Old Hickory Boulevard (15.98 acres), all of which is described herein (Proposal No. 2011Z-021PR-001). The bill was approved by the Planning Commission. Mr. Tygard 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. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-69

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 BL2007-1357) for the previously approved Gaylord Specific Plan District (106.9 acres), and to add properties zoned R15 and CL, located at 2716, 2728 and 2730 Pennington Bend Road and at McGavock Pike (unnumbered) (22.24 acres) for a total of 129.14 acres within the SP district, all of which is described herein (Proposal No. 2007SP-014-001). 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 with Mr. Todd abstaining.

BILL NO. BL2011-70

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 ON zoning for a portion of property located at 3614 Baxter Avenue, approximately 390 feet north of Hart Lane (0.12 acres), all of which is described herein (Proposal No. 2011Z-023PR-001). The bill was approved by the Planning Commission. Ms. Bennett 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 and no one came forward to be heard. The President declared the public hearing closed. Ms. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-71

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 5909 Charlotte Pike, approximately 1,235 feet west of Oceola Avenue (0.75 acres), to permit auto repair, auto sales (used), and all uses permitted by the CS district, all of which is described herein (Proposal No. 2011SP-028-001). Mr. Baker moved to defer the bill to the March public hearing, the bill being requested by Hamid Rabiee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-72

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 5828 Nolensville Pike, approximately 1,400 feet south of Old Hickory Boulevard (1.08 acres), to permit an automatic car wash facility and all uses permitted in the CL District, all of which is described herein (Proposal No. 2011SP-012-001). The bill was approved by the Planning Commission. Ms. Blalock 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. Blalock 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. BL2011-73 and BL2011-74 were considered together.

BILL NO. BL2011-73

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 Davenport Downs SP District for properties located at 4334 Maxwell Road and Maxwell Road (unnumbered), approximately 430 feet east of Flagstone Drive (65.74 acres), to permit 207 single-family residential units where 318 residential units were previously approved, all of which is described herein (Proposal No. 2006SP-081-001). The bill was approved by the Planning Commission.

BILL NO. BL2011-74

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 SP District to AR2a zoning for property located at Maxwell Road (unnumbered), approximately 1,575 feet east of Flagstone Drive (9.52 acres) and within the Floodplain Overlay District, all of which is described herein (Proposal No. 2006SP-081-002). The bill was approved 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 no one came forward to be heard The President declared the public hearing closed. Mr. Duvall moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-75

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 Seven Springs Planned Unit Development Overlay District for property located at 323 Seven Springs Way, opposite Cloverland Drive (3.71 acres), zoned OR40, to permit 144 multi-family units in a four-story building where 72 multi-family units were previously approved, all of which is described herein (Proposal No. 98P-007-002). The bill was approved by the Planning Commission. Mr. Banks 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. Banks moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-76

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 6028 and 6030 Neighborly Avenue and at 317, 319 and 321 Balmy Avenue, at the northwest corner of Neighborly Avenue and Balmy Avenue (0.99 acres), to permit auto sales (used), auto repair and all uses permitted in the CS district, all of which is described herein (Proposal No. 2011SP-029-001). 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. BL2011-77 and BL2011-78 were considered together.

BILL NO. BL2011-77

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 CS zoning for property located at 5924 Mt View Road, approximately 600 feet north of Murfreesboro Pike (1.28 acres), all of which is described herein (Proposal No. 2011Z-022PR-001). The bill was disapproved by the Planning Commission.

BILL NO. BL2011-78

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 approval for the Pro N Stall Commercial Planned Unit Development Overlay for property located at 5924 Mt View Road, approximately 600 feet north of Murfreesboro Pike (1.28 acres), zoned AR2a and proposed for CS, to permit the conversion of a single-family residence for building contractor supply and distributive business wholesale uses and in the future to replace the building with two new buildings for a total of 11,350 square feet to permit all uses of the CS district, all of which is described herein (Proposal No. 2011P-001-001). 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 the bill. The President declared the public hearing closed. Mr. Duvall moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-79

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 Mansion at Fontanel SP District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres) and within the Floodplain Overlay District, to modify a condition of BL2009-561, all of which is described herein (Proposal No. 2009SP-022-004). 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.

BILL NO. BL2011-80

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to modify Section 17.16.030.E (Adaptive Residential Development) (Proposal No. 2011Z-018TX-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. BL2011-81

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 1809 Gallatin Pike, northeast of Myatt Drive (4.93 acres), to permit automobile sales (used), automobile service, automobile repair, car wash, and all uses permitted in the CS district, all of which is described herein (Proposal No. 2012SP-001-001). Mr. Pardue requested suspension of the rules to allow the public hearing to proceed in the absence of a Planning Commission recommendation, and no objection was made. Mr. Pardue 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. Pardue 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. RS2012-125

A resolution recognizing art teacher Caroline Bartlett of Una Elementary.

RESOLUTION NO. RS2012-126

A resolution recognizing and congratulating the 2011 “Nashville Beautiful” art contest Grand Prize Winner Cadence Brown.

RESOLUTION NO. RS2012-127

A resolution recognizing the 2011 Silver Stars winner Mr. David Balph.

RESOLUTION NO. RS2012-128

A resolution recognizing March 2, 2012, as Read Across America Day, a national celebration of Dr. Seuss’s birthday.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2012-129

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (35); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-88

An ordinance defining conditions for hardships for preservation permits reviewed by the Metropolitan Government’s Historic Zoning Commission (Proposal No. 2012Z-002TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2012-89

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 Alley No. 1806 (Proposal No. 2012M-001AB-001). 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 to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-90

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 Fransworth Drive right-of-way (Proposal No. 2011M-012AB-001). 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 to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.