Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, May 4, 2004


The Metropolitan Council met in regular session on this date at 7:00 p.m. in Metro City Hall.

The invocation was offered by Councilman Rip Ryman.

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: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (39); Absent: Brown, Walls (2).


- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Appointment of Mr. Charles Smith to the Alarm Appeals Board for a term expiring November 4, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Fair Board
Reappointment of Ms. Katy Varney to the Fair Board for a term expiring April 6, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Fire and Building Code Appeals Board
Appointment of Mr. William Dudley to the Fire and Building Code Appeals Board for a term expiring March 1, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Zoning Appeals Board
Appointment of Ms. Jane Cleveland to the Zoning Appeals Board for a term expiring February 26, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2004-271

A resolution recognizing Senate Majority Leader Bill Frist, Congressman John Lewis, and the Faith and Politics Institute for their role in the Sixth Congressional Civil Rights Pilgrimage events in Nashville on February 15, 2004.

RESOLUTION NO. RS2004-272

A resolution recognizing the Davidson County Drug Court cited as a model for the nation.

RESOLUTION NO. RS2004-273

A resolution recognizing the Nashville Rescue Mission on their 50th Anniversary of providing service to the homeless in the Nashville community.

RESOLUTION NO. RS2004-274

A resolution recognizing Mildred Walters.

RESOLUTION NO. RS2004-275

A resolution recognizing Camp Bordeaux.

RESOLUTION NO. RS2004-276

A resolution recognizing the Bordeaux Babes.

RESOLUTION NO. RS2004-277

A resolution recognizing and supporting the United Nations Millennium Development Goals.

RESOLUTION NO. RS2004-278

A resolution recognizing and congratulating Healthcare Management Systems, Inc., upon its 20th Anniversary.

RESOLUTION NO. RS2004-279

A resolution recognizing the legacy of Deford Bailey.

RESOLUTION NO. RS2004-280

A resolution recognizing and congratulating the State’s first Graduating Candidates of the International Baccalaureate (IB) Diploma.

RESOLUTION NO. RS2004-281

A resolution recognizing and congratulating Bailey Middle School teacher, Leah Crowder Tolbert on being named the 2004-2005 “Middle School Teacher of the Year” for Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2004-282

A resolution recognizing and congratulating Glencliff High School principal, Dr. Sammy V. Swor, Jr., on being named the 2004-2005 “High School Principal of the Year” for the Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2004-283

A resolution recognizing and congratulating Goodlettsville Elementary School principal, Ricky W. Binkley on being named the 2004-2005 “Elementary School Principal of the Year” for the Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2004-284

A resolution recognizing and congratulating Shwab Elementary School teacher, Kathleen (Kathy) C. Fasig on being named the 2004-2005 “Elementary School Teacher of the Year” for Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2004-285

A resolution recognizing and congratulating the students who are graduating from Maplewood Comprehensive High School, Class of 2004.

RESOLUTION NO. RS2004-286

A resolution recognizing May 2004 as Community Action Month.

RESOLUTION NO. RS2004-287

A resolution recognizing the National Hockey League Nashville Predators.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).

Mr. Wallace requested a suspension of Rule No. 11 for consideration of one late resolution, and no objection was made.

RESOLUTION NO. RS2004-289

A resolution recognizing and congratulating Brandt Snedeker of Nashville on playing in the Masters Golf Tournament.

Mr. Wallace moved that the Council act as the Committee of the Whole on this resolution, and objection was made by Mr. Briley. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Wallace moved to defer the resolution and re-refer it to the Rules-Confirmations-Public Elections Committee, which motion was seconded and adopted by a voice vote of the Council.


- RESOLUTION -


RESOLUTION NO. RS2004-288

A resolution approving the election of certain Notaries Public for Davidson County. Ms. McClendon moved to adopt the resolution which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); “Noes” (0).


- BILLS ON PUBLIC HEARING -

BILL NO. BL2003-25

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 Section 17.24.050 by exempting the tree density requirements from loading areas or tractor trailer staging, loading and parking areas, all of which is more particularly described herein (Proposal No. 2003Z-013T). The bill was disapproved by the Planning Commission. Mr. Adkins moved to defer the bill to the July public hearing while certain issues continue to be addressed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-84

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 changing from AR2a district to RM9 district property located at 91 Tusculum Road along the south margin of Tusculum Road at Benzing Road, (4.45 acres), all of which is more particularly described herein (Proposal No. 2003Z-080U-12). The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill to the July public hearing, the bill being requested by Gary Batson, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2004-137

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 RS7.5 District to RM4 District property at West Trinity Lane (unnumbered), (4.96 acres), all of which is more particularly described herein (Proposal No. 2002Z-060-03). The bill was approved by the Planning Commission. Mr. Isabel 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. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-139

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 district to CS district a portion of property at 412 Brewer Drive, at the corner of Nolensville Pike and Brewer Drive, (0.55 acres), all of which is described herein (Proposal No. 2004Z-011U-12). The bill was approved by the Planning Commission. Mr. Foster moved to defer the bill to the July public hearing for lack of proper public notice on the property, the bill being requested by Masoud Zand, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-199 and BL2004-200 were considered together.

BILL NO. BL2004-199

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 R80 District to RS20 District a portion of property at 7515 Old Charlotte Pike, across from Gower Road (31.3 acres), all of which is described herein (Proposal No. 2004Z-008G-06). The bill was approved by the Planning Commission.

BILL NO. BL2004-200

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 to property abutting the south margin of Old Charlotte Pike, opposite Gower Road (31.3 acres), classified R80 and proposed for RS20, the provisions of a Planned Unit Development District, to permit the development of 49 single-family lots (Proposal No. 2004P-002G-06). The bill was approved by the Planning Commission.

Mr. Crafton 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 citizens were heard in favor of and in opposition to passage of the bills. Petitions in favor of the bills were filed. The President declared the public hearing closed. Mr. Crafton moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-201

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 RS80 to CS district a portion of property at 7118 Charlotte Pike, approximately 1,100 feet south of River Road (7.3 acres), all of which is described herein (Proposal No. 2004Z-033G-06). The bill was approved by the Planning Commission. 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. BL2004-202

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 CN district property located at 4305 Goins Road, approximately 300 feet east of Nolensville Pike, (0.22 acres), all of which is described herein (Proposal No. 2004Z-053U-12). The bill was approved by the Planning Commission. Mr. Kerstetter 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. Kerstetter moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-203

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 CA to MUG district properties at 2471 Pennington Bend Road and Pennington Bend Road (unnumbered), at the southwest corner of Music Valley Drive and Pennington Bend Road, (4.78 acres), all of which is described herein (Proposal No. 2004Z-044U-14). The bill was approved by the Planning Commission. Mr. Loring 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. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-204

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 district to MUL district property at 2908 Elm Hill Pike, approximately 180 feet west of Hurt Drive (0.57 acres), all of which is described herein (Proposal No. 2004Z-028G-14). The bill was approved by the Planning Commission. Mr. White 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. White moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-205

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 MUL district property at 3746 Central Pike, at the west terminus of Chandler Road (1.28 acres ), all of which is described herein (Proposal No. 2004Z-029G-14). The bill was disapproved by the Planning Commission. Mr. White 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. Petitions in opposition of the bill were filed. The President declared the public hearing closed. Mr. White moved to pass the bill on second reading, which motion was seconded. After discussion, Mr. Isabel called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-206

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 RM20 to CL district a portion of property at Elm Hill Pike (unnumbered), approximately 325 feet west of McGavock Pike (0.05 acres), all of which is described herein (Proposal No. 2004Z-031U-14). The bill was approved by the Planning Commission. Mr. Loring 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. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-209

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 IWD and RS7.5 district to RM6 district property located at Edgemeade Boulevard (unnumbered), approximately 160 feet west of the western terminus of Aurora Avenue, (2.01 acres), all of which is more particularly described herein (Proposal No. 2003Z-109G-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 defeat the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-210 and BL2004-211 were considered together.

BILL NO. BL2004-210

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 and R15 to RS10 district properties at 4217 and 4219 Lone Oak Road, approximately 130 feet south of Westover Park Court (1.92 acres), all of which is described herein (Proposal No. 2004Z-038U-10). The bill was approved by the Planning Commission.

BILL NO. BL2004-211

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 to property abutting the west margin of Lone Oak Road south of Westover Court, classified R10 and R15 and proposed for RS10, (1.84 acres), the provisions of a Planned Unit Development District, to permit the development of 7 single family lots, (1.92 acres), all of which is more particularly described herein (Proposal No. 2004P-006U-10). The bill was approved by the Planning Commission.

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

BILL NO. BL2004-212

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 Commercial Planned Unit Development located abutting the west margin of Sidco Drive at Elysian Fields Road, classified CL, (1.97 acres), approved for an 11,000 square foot retail store, all of which is more particularly described herein (Proposal No. 14-82-U-11). The bill was approved by the Planning Commission. Ms. McClendon 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. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-213

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 CS district properties at Route 1 and 3786 Central Pike, at the southwest corner of Dodson Chapel Road and Central Pike intersection (2.96 acres), all of which is described herein, (Proposal No. 2004Z-036G-14). The bill was disapproved by the Planning Commission. Mr. White 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 and a petition in opposition of the bill was filed. The President declared the public hearing closed. Mr. White moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-214

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 ORI district properties located at 613A and 641A Ermac Drive, east of Briley Parkway (0.80 acres), all of which is described herein (Proposal No. 2004Z-040U-14).
The bill was approved by the Planning Commission. Mr. Loring 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. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-215

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 SCC to MUL district properties at Murfreesboro Pike (unnumbered) at the corner of Murfreesboro Pike and Ransom Place, (6.03 acres), all of which is described herein (Proposal No. 2004Z-034U-13). The bill was approved by the Planning Commission. Mr. Alexander 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. Alexander moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-216

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 district a portion of property at Route 1 Cane Ridge Road, northeast of Old Hickory Boulevard (23 acres), all of which is described herein (Proposal No. 2004Z-041G-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 moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-217

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 district to CS district properties located at 5731 River Road, River Road (unnumbered) and Charlotte Pike (unnumbered), at the southwest corner of River Road and Charlotte Pike (6.87 acres), all of which is described herein (Proposal No. 2003Z-148G-06). 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 and defer the bill indefinitely, the bill being requested by Wallace E. Johnson, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-218

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 Commercial Planned Unit Development for property abutting the north margin of Richards Road at Antioch Pike, classified CL, (3.92 acres), all of which is more particularly described herein (Proposal No. 71-71-U-13). The bill was approved by the Planning Commission. Mr. Alexander 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 the bill. The President declared the public hearing closed. Mr. Alexander moved to pass the bill on second reading and defer it indefinitely, the bill being requested by Barge, Cauthen & Associates, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2004-219

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 Planned Unit Development abutting the north margin of Old Hickory Boulevard opposite Cloverland Drive, classified OR40, (8.27 acres), to permit the development of two 4 story buildings, each containing 72 condominium units, to replace 222 independent living unit and 48 assisted living units, all of which is described herein (Proposal No. 98P-007U-12). The bill was approved by the Planning Commission. 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.

BILL NO. BL2004-220

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by including ponds/lakes as a special exception use in agricultural and residential zoning districts and as a permitted use in all other zoning districts, all of which is more particularly described herein (Proposal No. 2004Z-008T). 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore 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. BL2004-221

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 Section 17.04.060 (Definition of general terms) and Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District), all of which is more particularly described herein (2004Z-006T). The bill was approved by the Planning Commission. Mr. Summers 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. Summers moved to defer the bill indefinitely so that certain issues can be addressed with the Planning Department, which motion was seconded. After discussion, Mr. Gotto called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to defer indefinitely, which motion was adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2004-223

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.32.130 by expanding the area and permitted height of on-premises signs permitted in the commercial attraction district and by amending Section 17.32.050 to exempt signs within the commercial attraction district from the motionless graphic provision, all of which is more particularly described herein (Proposal No. 2004Z-010T). The bill was approved by the Planning Commission. Mr. Loring 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. Loring moved to pass the bill on second reading, which motion was seconded. After discussion, Mr. Isabel called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-224

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that all modifications to planned unit developments more than four years old be submitted to the Council for approval and to require that all planned unit developments in existence for more than eight years in which a permit has not been issued be submitted to the Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T). The bill was approved by the Planning Commission. Mr. Summers moved for a suspension of the rules to conduct the public hearing prior to a Planning Commission recommendation; objection was made by Ms. Tucker. Mr. Summers moved to defer the bill to the July public hearing, which motion was seconded. After discussion, Mr. Crafton called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to defer, which motion was adopted by a voice vote of the Council.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-237

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.28.040 by limiting housing development in floodplains and floodways, all of which is more particularly described herein (Proposal No. 2004Z-009T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commision and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-238

An ordinance amending Section 16.04.200 of the Metropolitan Code of Laws regarding the types of permissible materials that may be used in the construction of fences. 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.

BILL NO. BL2004-239

An ordinance abandoning a 6” water line and easement that will be replaced by a private 6”water line, that is shown on Map 117-03, Parcel 32, of Project No. 04-WG-033, The Enclave at Hillsboro Village, (Proposal No. 2004M-021U-10) and authorizing the execution of the documents to carry out the abandonment. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-240

An ordinance authorizing the abandonment of the existing 8” sanitary sewer line and easement located on Map 72-3, Parcel 175 of Project No. 03-SG-193, 3518 Gallatin Pike (Proposal No. 2003M-128U-05), by the Metropolitan government. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-241

An ordinance authorizing the acceptance of a donation of certain property (Tax Map 134, Parcel 63) to The Metropolitan Government of Nashville and Davidson County, Tennessee, for the use and benefit of the Department of Parks and Recreation (Proposal No. 2004M-041U-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-242

An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government for use in connection with development of the Whites Creek greenway (Proposal No. 2004M-030U-03), and authorizing the Director of Parks and Recreation to execute dedication agreements for the same. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budge and Finance, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.