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Minutes
Metropolitan Council Meeting
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Minutes
Metropolitan Council Meeting
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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 Ronnie Greer.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The Minutes of the meeting of July 20, 2004, were approved.
The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (31); Absent: Dread, Hughes, Jameson, Hart, Brown, Hausser, Walls, Whitson, Adkins, Alexander (10).
- ELECTIONS AND CONFIRMATIONS -
Historic Zoning Commission
Reappointment of Ms. Ann Eaden for a term expiring July 1, 2009. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Ms. Neighbors moved
for confirmation, which motion was seconded and adopted by a unanimous vote
of the Council.
Hospital Authority
Reappointment of Dr. Lloyd Elam for a term expiring July 11, 2009. At the request
of the appointee, the confirmation was deferred.
Human Relations Commission
Appointment of Rev. Kenneth Swanson for a term expiring April 18, 2007. Without
objection, the appointment of Rev. Swanson was withdrawn.
Municipal Solid Waste Region Board
Appointment of Ms. Gail Hughes for a term expiring December 15, 2008, fill
the unexpired term of Dr. Ruth Neff. At the request of the appointee, the
confirmation
was deferred.
Appointment of Mr. David Wilson for a term expiring December 15, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Neighbors moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Sports Authority
Appointment of Ms. Lauren Brisky for a term expiring December 19, 2005, filling
the unexpired term of Mr. Dennis C. Bottoroff representing School District
8. The Rules-Confirmations-Public Elections Committee recommended the appointment
and Ms. Neighbors moved for confirmation, which motion was seconded and adopted
by a unanimous vote of the Council.
Stormwater Management Committee
Reappointment of Ms. Karen Harrison for a term expiring July 8, 2009. The Rules-Confirmations-Public
Elections Committee recommended the reappointment and Ms. Neighbors moved
for confirmation, which motion was seconded and adopted by a unanimous vote
of the Council.
Tourism and Convention Commission
Reappointment of Ms. Amy Atkinson for a term expiring June 30, 2007. At the
request of the appointee, the confirmation was deferred.
Appointment of Mr. Simon Mais for a term expiring June 30, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Neighbors moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution requesting the Metropolitan Board of Public Education to submit a report to the Metropolitan Council regarding federal funding received and associated costs to implement the Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind (NCLB) Act. Ms. Neighbors offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted without objection. The resolution, as amended was approved by the Education Committee.
RESOLUTION NO. RS2004-413
A resolution requesting the Metropolitan Board of Parks and Recreation to construct a park in Southeastern Davidson County. Ms. Wilhoite offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE RESOLUTION RS2004-413
A resolution requesting the Metropolitan Board of Parks and Recreation to construct a park in Southeastern Davidson County. The substitute resolution was approved by the Parks, Library, Recreation and Entertainment Facility Committee.
A resolution proclaiming August 19, 2004, as the commemoration of Second Harvest Food Bank of Middle Tennessee’s Silver Anniversary. The resolution was approved by the Health, Hospitals and Social Services Committee.
A resolution requesting the Metropolitan Public Works Department and the Metropolitan Police Department to look into the feasibility of placing signs in Neighborhood Traffic Calming Project Areas that indicate the amount of the fine that can be assessed for speeding in those areas. The resolution was approved by the Public Works and Public Safety-Beer and Regulated Beverages Committees.
Upon motion duly seconded, the consent agenda resolutions were adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Whitmore, Crafton, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
- RESOLUTIONS -
A resolution approving the tree bank fee schedule promulgated by the Urban Forester. The resolution was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Gilmore moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the task force exploring the development of the former downtown Nashville Thermal Transfer plant site to reopen its hearings to ask if potential developers are providing incentives for Black and/or other minority participation and partnerships. The Budget and Finance Committee recommended deferment. Mr. Wallace moved to withdraw the resolution, as a future resolution will be filed to address the matter, which motion was seconded and adopted by a voice vote of the Council.
A resolution amending Resolution No. RS2004-140 by extending until August 15, 2004 the time for the task force exploring the development of the former downtown Nashville Thermal Transfer plant site to make its report to the Council. The resolution was approved by the Public Works Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Whitmore, Crafton, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
A resolution approving an amendment to the Agreement between the Metropolitan Government of Nashville and Davidson County and Volunteer State Community College, concerning Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements. The resolution was approved by the Health, Hospitals and Social Services and Public Safety-Beer and Regulated Beverages Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Whitmore, Crafton, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
A resolution accepting a grant from the State of Tennessee Department of Children’s Services to The Metropolitan Government of Nashville and Davidson County for the Juvenile Court to provide case management and family support services. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Whitmore, Crafton, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
A resolution accepting a grant from the U.S. Department of Justice, Bureau of Alcohol, Tobacco and Firearms, to The Metropolitan Government of Nashville and Davidson County for reimbursement of Police Department overtime salary and associated costs. The resolution was approved by the Budget and Finance Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Whitmore, Crafton, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
A resolution approving cooperative agreement No. 04E4TN252500020 with the United States Department of the Interior - United States Geological Survey for continuation of a program to operate and maintain a ADVM gauge on the Cumberland River and water quality monitors and streamflow gauges in several streams in Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Loring moved to adopt the resolution, which motion was seconded and adopted by a voice vote of the Council. “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Whitmore, Crafton, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
A resolution approving an application by the United Way of Metropolitan Nashville, on behalf of the Kindergarten Readiness Council, for the Early Learning Opportunities Act grant from the United States Department of Health and Human Services, for its commitment on the part of the Metropolitan Government to provide an in-kind match. Ms. Neighbors moved to withdraw the resolution inasmuch as the resolution does not need Council action, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the Metropolitan Department of Law to compromise
and settle the claim of Ron D. Harris against The Metropolitan Government of
Nashville and Davidson County for the amount of $8,300.00 and directing that
this amount be paid from the Self-Insured Liability Fund. The resolution was
approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the
resolution, which motion was seconded and adopted by the following vote:
“
Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray,
Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace,
Whitmore, Crafton, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley,
Williams, Tygard (29); “Noes” (0).
A resolution approving the compromise and settlement of the lawsuit of the
Metropolitan Government against Clematris Ashley Jarrett and Clement Jarrett
for the amount of $15,000. The resolution was approved by the Budget and Finance
Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded
and adopted by the following vote:
“
Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray,
Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace,
Whitmore, Crafton, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley,
Williams, Tygard (29); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
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 to RS10 district properties at Liberty Lane (unnumbered), and Peeples Court (unnumbered), along the north side of Vietnam Veterans Boulevard (19.39 acres), all of which is described herein (Proposal No. 2004Z-086G-04). 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.
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 to CS district properties at 122, 126, and 132 Liberty Lane, south of Vietnam Veterans Blvd. South (3.27 acres), all of which is described herein (Proposal No. 2004Z-079G-04). 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.
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 district a portion of property at 6950 Charlotte Pike, west of I-40 (5.05 acres), all of which is described herein (Proposal No. 2004Z-106U-06). 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.
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 OL to OG district property located within an existing Planned Unit Development, at 1 Bridgestone Park, abutting the west margin of Briley Parkway (3.71 acres), all of which is described herein (Proposal No. 2004Z-061U-14). 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.
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 Commercial Planned Unit Development located at 1 Bridgestone Parkway, along the west side of Briley Parkway and the south side of Lebanon Pike (3.71 acres), to allow for a college or university use in the existing 67,516 square foot building, all of which is more particularly described herein (Proposal No. 99-85-P-14). 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.
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 MUG district part of property at 600 21st Avenue North, west of Warner Street (1.11 acres), all of which is described herein (Proposal No. 2004Z-081U-08). 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.
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 SCR district property at 218 Crestview Drive, approximately 745 feet south of Alta Loma Road (2.84 acres), all of which is described herein (Proposal No. 2004Z-063G-04). 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.
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 RS5 district various properties within Council District 21 between the Cumberland River and Charlotte Pike (813.66 acres), all of which is described herein (Proposal No. 2004Z-099U-08). 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.
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, R15 to RS10 district properties at Route 2 and 6033 Mt. View Road, 3249 Hamilton Church and Hamilton Church (unnumbered) (45.32 acres), all of which is described herein (Proposal No. 2004Z-112U-13). 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.
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 property at 1160 Barnes Road, approximately 1,275 feet east of Barnes Cove (19.33 acres), all of which is described herein (Proposal No. 2004Z-088G-12). 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.
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 R8 district properties along Beech Avenue, S. Douglas Avenue, Glen Avenue, and Elliott Avenue (3.07 acres), all of which is described herein (Proposal No. 2004Z-103U-10). 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.
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 an undeveloped commercial PUD (0.77 acres), which allowed for the development of a 13,200-square foot office, showroom, and warehouse facility, located along the north side of Wedgewood Avenue, east of 8th Avenue South, and west of I-65, all of which is described herein (Proposal No. 91P-010U-10). 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.
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 RS15 to RM9 (214.9 acres), MUN (3.9 acres), CS (1.0 acres), district properties at Hoggett Ford Rd. (unnumbered),3858, 3846, 3824, 3816, 3866 Dodson Chapel Road (219.80 acres), all of which is described herein (Proposal No. 2004Z-096G-14). 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.
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 Urban Design Overlay district to properties at Hoggett Ford Rd.(unnumbered), 3858, 3846, 3824, 3816, 3866 Dodson Chapel Road (219.80 acres), to permit 1,978 total dwelling units and 45,000 sq ft. of commercial, all of which is described herein (Proposal No. 2004UD-002G-14). 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.
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, OR20 to MUL, OR20 district property at 6950 Charlotte Pike abutting the northern margin of Charlotte Pike (12.4 acres), all of which is described herein (Proposal No. 2002Z-101U-06). 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.
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 to RS7.5 district properties at 4302 Parkview Circle approx. 170 feet north of Glenwood Avenue (0.37 acres), all of which is described herein (Proposal No. 2004Z-094U-10). The bill was disapproved 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.
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 Planned Unit Development district to property located at 4302 Parkview Circle, south of Frances Avenue (0.37 acres), all of which is described herein (Proposal No. 2004P-017U-10). The bill was disapproved 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.
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 MUL district property at 3051 Lebanon Pike at Medical Drive (2.40 acres), all of which is described herein (Proposal No. 2004Z-082U-14). 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.
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 RM6 district property at Lebanon Pike(unnumbered) approximately 730 feet east of Tulip Grove Road (16.54 acres), all of which is described herein (Proposal No. 2004Z-092G-14). 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.
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 Lebanon Pike (unnumbered), east of Tulip Grove Road, at the Wilson County Line (42.83 acres in Davidson County), the provisions of a Planned Unit Development District, to permit 90 townhomes and 90 single-family lots on the Davidson County side, all of which is described herein (Proposal No. 2004P-018G-14). 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.
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 Landmark Overlay district to property at 3210 Avenal Avenue, north of Antioch Pike (2.80 acres), all of which is described herein (Proposal No. 2004Z-095U-11). 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.
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 RS15 to AR2a district property at John Hager Road (unnumbered) east, of Earhart Road (5.03 acres), all of which is described herein (Proposal No. 2004Z-089G-14). 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.
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 RS15 to RM6 district property at 4131 Andrew Jackson Parkway approximately 240 feet south of Stoners Glen Road (8.5 acres), all of which is described herein (Proposal No. 2004Z-091G-14). 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.
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 at 4131 Andrew Jackson Parkway, south of Stoner's Glen Road, classified RS15 and proposed for RM6 (8.5 acres), the provisions of a Planned Unit Development District, to permit a 47 rooming unit assisted-living facility and 24 townhomes (Proposal No. 2004P-019G-14). 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.
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 SCN, RS20 and RS15 to RS10 (38.44 acres) district, property at 3705 Whites Creek Pike, north of Green Lane, all of which is described herein (Proposal No. 2004Z?056U-03). 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.
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 District located at 3705 Whites Creek Pike, all of which is described herein (Proposal No. 88P-042G). 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.
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 a preliminary Planned Unit Development with 121 single-family lots (38.44 acres), located abutting the east side of Whites Creek Pike, north of Green Lane, all of which is described herein (Proposal No. 2004P?012U?03). 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.
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.740 by requiring specific council approval for waiving the payment of fees required except on applications by governments. 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.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 03-SL-166, Tulip Grove Pointe (Proposal No.2004M-038G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 04-SL-064A, Off-site Tillman Subdivision (Proposal No.2004M-035G-14). The bill was approved by the Planning Commission. Mr. Bradley moved to defer the bill, which motion was seconded and adopted without objection.
An ordinance authorizing the acquisition of property, by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government, initially with relation to Project Numbers 99-WG-85, 36” Water Main from K.R. Harrington Water Plant to Hickory Hill Lane, and 99-WG-86, 24” Water Main from Cumberland Water Plant to Summit Hospital (Proposal No.2004M-045G-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept funds from the Tennessee Valley Authority for use and benefit of the Metropolitan Nashville Public Schools and to revise a transmission line easement transversing the southwest corner of Hobson Pike. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Education Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending Chapter 13.20 of the Metropolitan Code of Laws to require all persons engaged in excavation, sidewalk construction or paving work within the right-of-way of the Metropolitan Government to post a sign indicating the expected commencement and completion dates of the project. The bill was approved by the Public Works Committee. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. BL2004-245
An ordinance amending the Metropolitan Code of Laws to provide public notification requirements for meetings of boards and commissions of the Metropolitan Government. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley offered a second substitute bill and moved that it be accepted for filing, which motion was seconded and adopted by a voice vote of the Council.
SECOND SUBSTITUTE BILL NO. BL2004-245
An ordinance amending the Metropolitan Code of Laws to provide public notification requirements for meetings of boards and commissions of the Metropolitan Government. Mr. Briley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 2.104.070 of the Metropolitan Code of Laws to require that all individuals and firms engaged in tree care and removal activities obtain a permit from the urban forester before engaging in such activities on either public or private property. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded. Mr. Isabel moved to move the bill to the heel of the agenda, 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 Mr. Isabel’s motion, which motion failed by a voice vote of the Council. After further discussion, Ms. Williams 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 on second reading, which motion was adopted by a voice vote of the Council.
An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, relative to adding a new land use “Public Facility” (2004Z-014T), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 8.04 of the Metropolitan Code of Laws to require dog owners to clean up and remove excrement left by their dogs on public or private property. The Public Works and Parks, Library, Recreation and Public Entertainment Facility Committees recommended deferment; the Health, Hospitals and Social Services Committee did not recommend passage. Ms. McClendon, in the absence of the sponsor, moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance designating certain responsibility to the Metropolitan Department of Public Works regarding the signage of public and private streets and roads. The Public Works Committee recommended deferment. Ms. Wilhoite moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a lease agreement (Planning Commission No. 2004M-058U-03) between the Metropolitan Government of Nashville and Davidson County and the Metropolitan Hospital Authority for Nashville and Davidson County, for certain real property located at 1010 Camilla Caldwell Lane, commonly known as the J.B. Knowles Home for the Aged, and authorizing the transfer of all functions, operations, and obligations of the Knowles Home to the Hospital Authority. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Ms. Neighbors moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 8.04 of the Metropolitan Code of Laws to require dog owners to clean up and remove excrement left by their dogs on public property. The bill was approved by the Health, Hospitals and Social Services Committee. The Public Works and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Wallace moved to defer the bill indefinitely on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of Oakwood Forest Drive to Dover Glen Drive from the intersection of Oak Forest Drive 250 feet south to its terminus (Proposal No. 2004M-043U-13). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Bradley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley #688 west of 1st Avenue South, south of Hart Street (Proposal No. 2004M-055U-11). The bill was approved by the Planning Commission, Traffic and Parking Commission, and Planning, Zoning and Historical Committee; the Public Works and Traffic and Parking Committees recommended deferment. Ms. McClendon, in the absence of the sponsor, moved to defer the bill upon the committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Director of Public Property, or his designee, to accept and record an easement in favor of the Metropolitan Government for use in connection with development of the Harpeth River greenway (Proposal No. 2004M-064G-06). The bill was referred to the Planning Commission. The bill was approved by the Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving and authorizing the Mayor to execute a contract with the State Department of Transportation for improvements to the Demonbreun Street Bridge in accordance with Federal Project No: BR-STP-3249(2). The bill was approved by the Budget and Finance and Public Works Committees. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
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 and Planning, Zoning and Historical Committee. Ms. Neighbors moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
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 RS5 district, various parcels located along Treutlan, Berry, Grace, Hancock, Arrington, Wilburn, and Cleveland Streets, and between North 2nd Street and North 6th Street, (100.28 acres), all of which is described herein, (Proposal No. 2004Z-043U-05). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Murray offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Murray moved to pass the bill on third reading as amended, which motion was seconded. After discussion Ms. Tucker 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 the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Whitmore, Crafton, Summers, Shulman, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams (26); “Noes” Tygard (1).
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the expansion of the Hume Fogg Magnet School, for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2004M-028U-09). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0); “Abstaining” Wallace, Foster (2).
Without objection Bill Nos. BL2004-268 and BL2004-269 were considered together.
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 district to MUL district property located at 4103 Hillsboro Circle, 332 feet north of Hobbs Road, (0.17 acres), all of which is described herein (Proposal No. 2004Z-023U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
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 a preliminary Planned Unit Development on property at 4103 Hillsboro Circle, abutting the west margin of Hillsboro Circle, 332 feet north of Hobbs Road, classified OR20 and proposed for MUL, (.17 acres), the provisions of a Planned Unit Development District, to permit all uses permitted in the MUL zoning district with the exceptions of restaurants or bars and night clubs (Proposal No. 2004P-005U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Shulman moved to moved to defer the bills on third reading, the bills
being requested by Robert W. Rutherford and Phillips Robinson Company, which
motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2004-278 and BL2004-279 were considered together.
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 R15 district property at 3200 Earhart Road, at the northwest corner of Earhart Road and John Hager Road, (117.92 acres), all of which is described herein (Proposal No. 2004Z-046G-14). The bill was approved by the Planning Commission.
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 at 3200 Earhart Road, abutting the west side of Earhart Road and the north side of John Hager Road (117.92 acres), classified AR2a and proposed for R15, the provisions of a Planned Unit Development District, to permit the development of 192 single-family detached lots and 98 duplex lots (Proposal No. 2004P-009G-14). The bill was approved by the Planning Commission.
Mr. Dozier moved to defer the bills on third reading, to the second meeting in September, the bills being requested by Lose and Associates and Frank C. Batson Homes, which motion was seconded and adopted by a voice vote of the Council with Mr. Gotto abstaining.
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 MUL district property at 230 West Trinity Lane, west of I-65 (8.26 acres), all of which is described herein (Proposal No. 2004Z-048U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Isabel moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
An ordinance approving Amendment Two to the Memorandum of Agreement between the Davidson County Community Service Agency and The Metropolitan Government of Nashville and Davidson County for funding of the administration of the Caring for Children program. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
An ordinance requiring the Department of Finance every three years to review all fees charged by the Metropolitan Government and to submit a report to the Metropolitan Council. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
An ordinance approving a donation of equipment from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, Police Department, to be used for law enforcement and investigation purposes. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
An ordinance changing the effective date of the fee increase applicable to traffic school and certain zoning applications. The bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.