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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 Harold White.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The Minutes of the meeting of August 17, 2004, were approved.
The roll was called and the following members were present during the progress of the meeting: Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (39); Absent: Neighbors, Hughes (2).
- ELECTIONS AND CONFIRMATIONS -
President Pro Tempore
The President called for nominations for President Pro Tempore of the Metropolitan
Council for a one-year term expiring August 31, 2005. Councilman Ryman nominated
Councilman Dozier, which motion was seconded. There being no further nominations,
the President declared the nominations closed. Mr. Wallace moved to elect
Mr. Dozier by acclamation, which motion was seconded and adopted by a unanimous
vote of the Council. The President declared the election of Councilman Dozier
as President Pro Tem of the Council for a one-year term ending August 31,
2005.
Audit Committee
The President called for nominations to fill two Council member vacancies on
the Audit Committee for one-year terms expiring August 31, 2005. Mr. Wallace
nominated Mr. Gotto and Mr. Craddock; Mr. Summers nominated Mr. Shulman.
Mr. Whitmore moved to close the nominations, which motion was seconded and
adopted without objection. Mr. Gotto withdrew his name from nomination. Without
objection, Mr. Craddock and Mr. Shulman were elected by a voice vote of the
Council to fill one-year terms on the Audit Committee.
Beer Permit Board
Appointment of Ms. Valinda Burks for a term expiring October 31, 2007. 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.
Community Corrections Advisory Board
Reappointment of Mr. Donald Harris for a term expiring August 31, 2006. The
Rules-Confirmations-Public Elections Committee recommended the reappointment
and Ms. McClendon moved for confirmation, which motion was seconded and adopted
by a unanimous vote of the Council.
Electric Power Board
Appointment of Mr. Leo Waters for a term expiring July 1, 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.
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
The Rules-Confirmations-Public Elections Committee recommended disapproval of the following proposed amendment to Rule No. 8 of the Rules of Procedure of the Metropolitan Council:
No resolution or ordinance containing the same provisions as that of a prior
resolution or ordinance that
has been defeated by the Metropolitan Council, other than zoning ordinances
initiated by the Council pur-
suant to Section 17.40.100 of the Metropolitan Code of Laws, upon being filed,
shall be placed on the
agenda by the Metropolitan Clerk for a period of six months following the defeat
of such resolution or
ordinance.
Mr. Jameson moved to withdraw the proposed amendment, which motion was seconded and adopted without objection.
The Rules-Confirmations-Public Elections Committee recommended approval of the following proposed amendment to Rule No. 11 of the Rules of Procedure of the Metropolitan Council:
By adding the following sentence to the end of the first paragraph:
No ordinance or resolution may be filed unless the originals have first been
delivered to the Council
Office not later than Noon on the second Friday preceding the regular meeting
date or not later than
Noon the fourth day, excluding Saturdays and Sundays, preceding the day of
any other Council meeting.
By adding the following sentence to the end of the second paragraph:
No resolution to amend the Capital Improvements Budget may be filed unless
the originals have first
been delivered to the Council Office not later than Noon the second day, excluding
Saturdays and
Sundays, preceding the day such resolution is to be filed with the Metropolitan
Clerk’s Office.
Mr. Wallace moved to adopt the amendments, which motion was seconded and adopted by a voice vote of the Council.
The Rules-Confirmations-Public Elections Committee recommended approval of the following proposed amendment to Rule No. 47 of the Rules of Procedure of the Metropolitan Council:
By adding the following sentence to the end of the first paragraph:
No persons, except members of Council, pages, or employees of the Council
Office may be present
on the floor of the legislative area or may sit at any desk of any member of
Council during any
meeting of the Council or of any committee meeting held in the legislative
area. All administrative
staff persons of Metropolitan Government shall only be permitted to sit at
the tables provided at
the front of the Chambers during any Council or committee meeting.
Mr. Wallace moved to adopt the amendment, which motion was seconded and failed by the following vote: “Ayes” Dozier, Tucker, Dread, Gilmore, Craddock, Murray, Hart, Forkum, Gotto, Burch, White, Loring, Wallace, Walls, Whitmore, Crafton, Summers, Alexander, Wilhoite, Kerstetter, Williams, Tygard (22); “Noes” Briley, Isabel, Jameson, Ryman, Brown, McClendon, Whitson, Shulman, Adkins, Foster, Toler, Coleman (12); “Abstaining” Cole, Bradley (2).
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Tennessee Titan Steve McNair.
A resolution posthumously recognizing Officer Christy Dedman.
A resolution recognizing Deborah Faulkner for her unparalleled service to the people of Nashville and Davidson County.
A resolution saluting and commending South Precinct Police Officer Dale Tomlin for his act of selfless heroism in the face of great danger.
A resolution recognizing Nathaniel “Nathan” Allen Fulner.
A resolution recognizing Eddie George former Tennessee Titan.
RESOLUTION NO. RS2004-467
(Removed from Consent Agenda; see Resolutions.)
A resolution recognizing Dr. Aldorothy L. Wright on her retirement after 41 years of dedicated service with the Metropolitan Nashville-Davidson County Public School System.
A resolution recognizing the 1934 East Nashville High School Class on their 70th Anniversary.
A resolution recognizing Radnor Lake State Natural Area on receiving the 21st Century American Heritage Place Award.
A resolution recognizing and commending the Hume-Fogg Magnet School Mock Trial Team on winning the 2004 City and State High School Mock Trial Competition.
A resolution recognizing the Dixie Youth Baseball teams from Goodlettsville, Tennessee.
A resolution proclaiming September 2004 as Alcohol and Drug Addiction Recovery Month.
A resolution proclaiming September 2004 as “Preparedness Month” in Nashville and Davidson County.
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: Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).
- RESOLUTIONS -
A resolution recognizing John Thomas Howard, Sr. and Patria Haley Howard. The Rules-Confirmations-Public Elections Committee recommended deferment. Without objection, the resolution was deferred.
A resolution approving the election of certain Notaries Public for Davidson County. Ms. McClendon offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. McClendon moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0).
- BILLS ON PUBLIC HEARING -
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). Mr. Summers moved to defer the bill to the January public hearing while a substitute ordinance is being drafted, which motion was seconded and adopted without objection.
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). The bill was disapproved by the Planning Commission. Mr. Brown 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. Brown offered a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection.
SUBSTITUTE 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). Mr. Brown moved to pass the bill on second reading, 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 pass the bill on second reading, which motion failed 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 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. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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). 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Tygard moved to pass the bill on second reading, which motion was seconded. Mr. Walls moved to defer the bill to the second meeting in November, which motion was seconded and adopted by the following vote: “Ayes” Tucker, Gilmore, Isabel, Murray, Jameson, Hart, Ryman, Brown, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Coleman (18); “Noes” Dread, Craddock, Forkum, Gotto, Loring, Crafton, Foster, Alexander, Kerstetter, Toler, Tygard (11); “Abstaining” Dozier, Whitson, Wilhoite, Bradley (4).
Without objection Bill Nos. BL2004-315 and BL2004-316 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 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). 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 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.
Mr. Loring 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 opposition to passage of the bills. The President declared the public hearing closed. Mr. Loring moved to defer the bills indefinitely, the bills being requested by International Academy of Design & Technology, 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 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. Mr. Whitmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and a citizen was heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Whitmore 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 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. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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). The bill was disapproved by the Planning Commission. Mr. Whitmore moved to withdraw the bill, 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 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). The bill was approved by the Planning Commission. Mr. Bradley 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. 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 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. Mr. Toler moved to defer the bill indefinitely until developers can address questions that have been raised on the proposal, the bill being requested by Bryant L. Grantham, 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 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). The bill was approved by the Planning Commission. Mr. Greer 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. Greer offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Greer moved to pass the bill on second reading as amended, 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 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. Mr. Greer 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. Greer 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. BL2004-324 and BL2004-325 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 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). The bill was disapproved 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 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). The bill was approved by the Planning Commission.
Mr. White 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. The President declared the public hearing closed. Mr. White offered Amendment No. 1 to Bill No. BL2004-324 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. White moved to pass the bills on second reading, 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 pass, which motion was 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 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. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to defer the bill to the November public hearing because of the issue of improper signage giving notice of the hearing, the bill being requested by River Meade Partners, which motion was seconded and adopted by a voice vote of the Council.
At this time President Pro Tempore Tygard assumed the chair.
Without objection Bill Nos. BL2004-327 and BL2004-328 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 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.
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.
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.
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. 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.
Without objection Bill Nos. BL2004-330 and BL2004-331 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 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.
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.
Mr. Gotto 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. Gotto moved to pass the bills on second 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 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. 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.
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. Mr. Gotto requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2004-334 and BL2004-335 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 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.
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.
Mr. Gotto requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Gotto moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2004-336, BL2004-337, and BL2004-338 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 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.
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.
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.
Ms. Tucker 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. The President declared the public hearing closed. Ms. Tucker moved to defer the bills indefinitely while a revised PUD is being drafted and details of the proposal are being worked out, the bills being requested by Dale & Associates, which motion was seconded and adopted 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. The bill was deemed approved by the Planning Commission, for lack of a recommendation within the allowable thirty days. Mr. Wallace 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. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Mr. Wallace moved for a suspension of the rules to call up Bill No. BL2004-344 for consideration at this time. Objection was made by Mr. Coleman, and the bill was not taken up for consideration.
- BILLS ON INTRODUCTION AND FIRST HEARING -
An ordinance amending Section 3.24.010 of the Metropolitan Code by reducing
to six months the required number of years of service for eligibility for members
of council to continue to participate in the health care plan after retirement.
Mr. Wallace moved to withdraw the bill, which motion was seconded and adopted
by a voice vote of the Council.
An ordinance amending chapter 11.28 of the Metropolitan Code of Laws regarding the operation of pinball machines by minors. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance amending Chapter 6.72 of the Metropolitan Code of Laws to provide for a taxicab passenger’s Bill of Rights. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance requiring all departments, boards and commissions to develop an implementation plan pursuant to Title VI of the Civil Rights Act of 1964 and requiring annual compliance reports by such departments, boards and commissions. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance amending Chapter 10.60 of the Metropolitan Code of Laws by making certain technical and procedural modifications regarding burglar and fire alarm permits, violations, revocations, and appeals. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance amending Section 16.24.170 of the Metropolitan Code of Laws to require that notices of violations of the Property Standards Code be either personally delivered or sent only by certified mail. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committees by a voice vote of the Council.
An ordinance consenting to mergers of Tennessee Football LP, Cumberland Stadium LP, and Dream Suites LP, and acknowledging the assumption of the obligations of these entities by Tennessee Football Inc., Cumberland Stadium Inc. and Dream Suites Inc. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before May 18, 2004. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.
An ordinance abandoning public utility and drainage easements on Lots 461 and 462, as shown on Map 158-04, Parcels 14 and 18, Project 04-DG-88, Sherwood Drive, and authorizing the execution of related documents (Proposal No. 2004M-052G-10). 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.
An ordinance authorizing the acceptance of certain easements described in the plans for Wildview Drive Stormwater Project No. 03-D-0376 (Proposal No. 2004M-046U-13). 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.
An ordinance authorizing the acceptance of certain easements described in the plans for Cross Creek Road Stormwater Project No. 03-D-0356 (Proposal No. 2004M-036U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the acceptance of certain easements described in the plans for Craighead Patten Properties Stormwater Project No. 04-DL-0689 (Proposal No. 2004M-060U-10). 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.
An ordinance authorizing the acceptance of an easement described in the plans for First Universal Church Stormwater Project No. 04-DL-0690 (Proposal No. 2004M-061U-10). 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.
An ordinance authorizing the acceptance of an easement described in the plans for Brick Church Pike Stormwater Project No. 02-D-0173 (Proposal No. 2004M-059G-02). 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.
An ordinance authorizing the acceptance of an easement described in the plans for Robwood Drive Stormwater Project No. 02-D-0192 (Proposal No. 2004M-048U-02). 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.
An ordinance authorizing the acceptance of an easement described in the plans for Hickory Hill Lane Stormwater Project No. 03-D-0579 (Proposal No. 2004M-062G-14). 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.
An ordinance authorizing the acceptance of certain easements described in the plans for Indian Summer Drive Stormwater Project. No. 03-D-0391 (Proposal No. 2004M-037G-02). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with CPS Land, LLC, to provide public sewer service in Williamson County to Bridgeton Park, Phase Two Subdivision Project No. 03-SL-130. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with CPS Land, LLC, to provide public sewer service in Williamson County to Bridgeton Park, Phase Three Subdivision Project No. 04-SL-049. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Cates Kottas Development Company, LLC. to provide public sewer service in Williamson County to Bent Creek Subdivision Project No. 04-SL-36. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Cates Kottas Development Company, LLC. to provide public sewer service in Williamson County to the Brookfield Estates Section 15 and Section 17 Subdivision Project No. 04-SL-114. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
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, specifically with relation to the construction of a new Head Start Center in the Nolensville Road area for the use and benefit of the Metropolitan Action Commission (Proposal No. 2004M-090U-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Health, Hospitals and Social Services, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.470 by exempting residential property from the requirement of obtaining a tree removal permit and submitting a disposal plan (Proposal No. 2004Z-019T). 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 RM6 district property at Old Hickory Blvd. (unnumbered) approximately 1,650 feet north of Logistics Way (60.41 acres), all of which is described herein (Proposal No. 2004Z-085G-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.
Ms. McClendon, Chair of the Rules-Confirmations-Public Elections Committee, moved that the November 2, 2004, meeting of the Metropolitan Council be moved to Thursday, November 4, 2004, to avoid a conflict with presidential election day on the regular meeting date. The motion was seconded and adopted by a unanimous vote of the Council.
Upon motion duly seconded, the meeting was adjourned.