Metro Seal

Minutes


Metropolitan Council Meeting
Thursday, November 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 Eric Crafton.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The Minutes of the meeting of October 19, 2004, were approved.

The roll was called and the following members were present during the progress of the meeting: Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (36); Absent: Dozier, Hughes, Ryman, Brown, Whitson (5).

- ELECTIONS AND CONFIRMATIONS -

Airport Authority
Appointment of Mr. Frank Garrison for a term expiring June 4, 2006, filling the unexpired term of Judge Gilbert Merritt. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Community Access Television Corporation Board
Reappointment of Mr. Eric Butler for a term expiring October 10, 2007. At the request of the appointee, the confirmation was deferred.

Reappointment of Ms. Sherry Franklin for a term expiring October 10, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Donald Hildebrand for a term expiring October 10, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Patrick Nolan III for a term expiring October 10, 2007. At the request of the appointee, the confirmation was deferred.

Reappointment of Mr. Amit Patel for a term expiring October 10, 2007. At the request of the appointee, the confirmation was deferred.

Reappointment of Ms. Marcie Smeck for a term expiring October 10, 2007. At the request of the appointee, the confirmation was deferred.

Reappointment of Ms. Linda Wynn for a term expiring October 10, 2007. At the request of the appointee, the confirmation was deferred.

Wastewater Hearing Authority
Reappointment of Ms. Ruthie Cherry for a term expiring October 1, 2006. At the request of the appointee, the confirmation was deferred.

Reappointment of Mr. Al Malone for a term expiring October 1, 2006. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Dr. Edward Thackston for a term expiring October 1, 2006. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Health and Educational Facilities Board
The President called for an election to fill two six-year terms on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County, the nominations of Mr. George R. McReynolds and Mr. Stephen L. Meyer having been previously made. Mr. Coleman, Chairman of the Rules-Confirmations-Public Elections Committee, reported that the Committee had considered and recommended the election of Messrs. McReynolds and Meyer.

The President called for the vote on the election of Mr. McReynolds, which vote was recorded as follows: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Craddock, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (27); “Noes” (0); “Abstaining” Isabel, Murray, McClendon, Hausser, Whitmore, Crafton (6). The President called for the vote on the election of Mr. Meyer, which vote was recorded as follows: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (28); “Noes” (0); “Abstaining” Murray, McClendon, Hausser, Whitmore, Crafton (5).

The President announced that Mr. McReynolds and Mr. Meyer were elected to the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County for terms expiring September 30, 2010.

- CONSENT AGENDA RESOLUTIONS -

Without objection, Resolution Nos. RS2004-467 and RS2004-571were removed from the consent agenda.

RESOLUTION NO. RS2004-567

A resolution recognizing John Thomas Howard, Sr. and Patria Haley Howard.

RESOLUTION NO. RS2004-568

A resolution recognizing Mrs. Sarah Eubanks for her service with Metropolitan Nashville and Davidson County.

RESOLUTION NO. RS2004-569

A resolution recognizing Mr. Booker White for his service with the Metropolitan Government.

RESOLUTION NO. RS2004-570

A resolution recognizing the Association of the 2,221 Negro Volunteers of WWII.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2004-467

A resolution recognizing John Thomas Howard, Sr. and Patria Haley Howard. Ms. Gilmore moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-571

A resolution recognizing November 11, 2004, as Veterans Day. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Hart moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

RESOLUTION NO. RS2004-572

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

Without objection the rules were suspended for consideration of one (1) late resolution.

RESOLUTION NO. RS2004-573

A resolution electing two members to the Board of Directors of the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); “Noes” (0).

- BILLS ON PUBLIC HEARING -

BILL NO. BL2004-305

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 1176 Stones River Road, west of the Central Pike and Lebanon Pike intersection, (91.63 acres), all of which is described herein (Proposal No. 2004Z-084G-14). Mr. White moved to defer the bill indefinitely, the bill being requested by Barge, Waggoner, Sumner and Cannon, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-314

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 moved to defer the bill indefinitely at the request of William E. Kantz, Jr., the bill being requested by River Meade Development, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-326

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 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. BL2004-371

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). 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.

BILL NO. BL2004-372

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). 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. BL2004-384

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, RM40, OR20 to RS5 district properties at McClurkan Avenue, Trevecca Avenue, Strouse Avenue, and Douglas Avenue (24.05 acres), all of which is described herein (Proposal No. 2004Z-098U-05). The bill was approved by the Planning Commission. Ms. Murray 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 favor of the bill were filed for the record. The President declared the public hearing closed. Ms. Murray moved to pass the bill on second reading and defer the bill to the second meeting in December, which motion was seconded. After discussion Mr. Shulman called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on Ms. Murray’s motion to pass and defer, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-385

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 CL district property at 7096 Old Harding Pike and a portion of property at 7121 Highway 70 South, east of Hicks Road (1.68 acres), all of which is described herein (Proposal No. 2004Z-013G-06). The bill was approved by the Planning Commission. Mr. Crafton 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. Crafton 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. BL2004-386 and BL2004-387 were considered together.

BILL NO. BL2004-386

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 RM9 district a portion of property at Cooper Lane (unnumbered) south of Demarious Drive, (5.07 acres), all of which is described herein (Proposal No. 2004Z-125U-05). The bill was approved by the Planning Commission.

BILL NO. BL2004-387

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 Residential Planned Unit Development district located at 2303 and 2301 Cooper Lane, Cooper Lane (unnumbered), and Piedmont Avenue (unnumbered), (59.10 acres), to permit 153 total units, including 115 single family homes and 38 townhomes, all of which is more particularly described herein (Proposal No. 97P-036U-05). The bill was approved by the Planning Commission.

Mr. Cole 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. Cole 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. BL2004-388 and BL2004-389 were considered together.

BILL NO. BL2004-388

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 R20 to RS15 district properties at 251 Holt Hills Road and Holt Hills Road (unnumbered) located at the eastern terminus of Christiansted Lane and Palomar Court, (20 acres), all of which is described herein (Proposal No. 2004Z-119G-12). The bill was approved by the Planning Commission.

BILL NO. BL2004-389

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 located at 251 Holt Hills Road and Holt Hills Road (unnumbered), at the terminus of Palomar Court and Christiansted Lane, to permit 49 single-family lots, all of which is described herein (Proposal No. 2004P-024G-12). The bill was approved by the Planning Commission.

Mr. Toler 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. Toler moved to pass the bills on second reading, re-refer the bills to the Planning Commission and defer the bills to the second meeting in December, the bills being requested by Lose and Associates, Inc. and Ralph Gallant, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-390

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 ON district property at 609 McGavock Pike north of Elm Hill Pike, (0.74 acres), all of which is described herein (Proposal No. 2004Z-107U-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.

Without objection Bill Nos. BL2004-391 and BL2004-392 were considered together.

BILL NO. BL2004-391

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 6515 Holt Road east of Redmond Lane, (6.60 acres), all of which is described herein (Proposal No. 2004Z-121G-12). The bill was approved by the Planning Commission.

BILL NO. BL2004-392

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 property located at 6515 Holt Road, 1,500 feet east of Redmond Court, (6.6 acres), to permit 17 single-family lots, all of which is described herein (Proposal No. 2004P-023G-12). The bill was approved by the Planning Commission.

Mr. Toler 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. Toler moved to pass the bills on second reading and defer the bills to the first meeting in December, the bills being requested by Anderson-Delk and Associates, which motion was seconded. After discussion, Mr. White 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 and defer, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-393

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 MUL district property at 4200 Hillsboro Pike at the southeast corner of Overhill Drive and Hillsboro Pk., (0.43 acres), all of which is described herein (Proposal No. 2004Z-117U-10). The bill was disapproved by the Planning Commission. Mr. Shulman moved to defer the bill to the January 2005 public hearing, the bill being requested by Lineberry Properties, Inc., which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-394 and BL2004-395 were considered together.

BILL NO. BL2004-394

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 RM6 to MUN district properties at 5606 Cloverland Drive, Old Hickory Boulevard (unnumbered), and 675 Old Hickory Boulevard at the southeast corner of Cloverland Drive and Old Hickory Boulevard, (3.76 acres), all of which is described herein (Proposal No. 2004Z-066U-12). The bill was approved by the Planning Commission.

BILL NO. BL2004-395

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 located at 5606 Cloverland Drive , Old Hickory Boulevard (unnumbered) and 675 Old Hickory Boulevard along the south side of Old Hickory Boulevard, and the east side of Cloverland Drive (3.76 acres), to permit 16 condominium units and 12,015 square feet of office uses, all of which is described herein (Proposal No. 2004P-021U-12). The bill was approved by the Planning Commission.

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

BILL NO. BL2004-396

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 MUL district property at 1110 Gilmore Place approximately 130 feet east of 12th Avenue South, (0.16 acres), all of which is described herein (Proposal No. 2004Z-105U-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 the bills, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Greer moved to defer the bill on second reading, the bill being requested by Treg Warner, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-397

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 and CS to MUL district properties at 1113 and 1115 Montrose Ave., 1114A,1114B, and 1116 Halcyon, 2600, 2702, 2704, and 2706 12th Ave.S. , (1.25 acres), all of which is described herein (Proposal No. 2004Z-127U-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 citizens were heard in favor of passage of the bill. 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.

BILL NO. BL2004-398

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 CL district a portion of property at 10638 Concord Road, along the south side of Nolensville Pike,(10 acres), all of which is described herein (Proposal No. 2004Z-114G-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. BL2004-399

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 a Commercial PUD located at Route 1 Old Hickory Boulevard, west of I-24, classified CS, (4.22 acres), approved for a bus repair facility on the adjacent parcel within the PUD, all of which is described herein, (Proposal No. 310-84-G-03). The bill was approved by the Planning Commission. Ms. Tucker 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. Tucker moved to pass the bill on second reading and defer the bill to the second meeting in December, the bill being requested by George Hussey, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-400 and BL2004-401 were considered together.

BILL NO. BL2004-400

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, CL to CS district properties at 727, 729, 733, and 739 Briley Parkway south of Interstate 40, (12 acres), all of which is described herein (Proposal No. 2004Z-138U-13). The bill was approved by the Planning Commission.

BILL NO. BL2004-401

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 729, 733, 727, and 739 Briley Parkway, located at Briley Parkway and Dabbs Avenue, (12.02 acres), all of which is described herein, (Proposal No. 40-71-G-13). The bill was approved by the Planning Commission.

Mr. Burch 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. Burch 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. BL2004-402 and BL2004-403 were considered together.

BILL NO. BL2004-402

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 RS7.5 district property at 3161 Hamilton Church Road, northeast of Murfreesboro Pike, (6 acres), all of which is described herein (Proposal No. 2004Z-101U-13).
The bill was approved by the Planning Commission.

BILL NO. BL2004-403

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 3161 Hamilton Church Road, located along the south side of Hamilton Church Road, 1,600 feet east of Murfreesboro Pike, (6.0 acres), to permit 27 single-family lots, all of which is described herein (Proposal No. 2004P-022U-13). The bill was approved by the Planning Commission.

Mr. Bradley 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. Bradley moved to pass the bills on second reading and defer the bills indefinitely, the bills being requested by Wamble and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-404

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 MUN district property at 600 Garfield and 1707 6th Ave. N., (0.59 acres), all of which is described herein (Proposal No. 2004Z-110U-08). The bill was approved by the Planning Commission. 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.

BILL NO. BL2004-405

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 RM20 district properties at 1411 and 1421 Rural Hill Road 375 feet north of Mt. View Road, (9.70 acres), all of which is described herein (Proposal No. 2004Z-104U-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. BL2004-406

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 Sunnyside at Sevier Park at 3000 Granny White Pike (20.43 acres), the City Cemetery at 4th Ave South (unnumbered), (28.24 acres), the Omohundro Water System at 1400 Pumping Station Road and 546 Cave Road (28.27), the City Reservoir at 824 West Argyle Avenue and 1401 8th Avenue South (16.96 acres), Lindsley Hall at 730 2nd Avenue South, the Trolley Barns on Rolling Mill Hill at 33 Peabody Street, (12.08), the Shelby Street Bridge, between the Gateway and Woodland Street Bridges, all of which is described herein (Proposal No. 2004Z-108U). 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, 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.

BILL NO. BL2004-407

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 CN and R80 to CS district property at Highway 70 S (unnumbered), along the east side of Old Charlotte Pike, (6.46 acres), all of which is described herein (Proposal No. 2004Z-051G-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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-408

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 facilitating the appropriate placement and design of two-family dwelling units, all of which is more particularly described herein (Proposal No 2004Z-020T). 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Loring moved to pass the bill on second reading, which motion was seconded. Mr. Coleman moved to defer the bill indefinitely, which motion was seconded. Mr. Adkins 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 the bill indefinitely, and a roll call vote was requested by at least five members of Council including Gilmore, Gotto, Greer, Adkins, Wilhoite, and Coleman. The motion to defer indefinitely was adopted by the following vote: “Ayes” Neighbors, Tucker, Briley, Gilmore, Isabel, Jameson, Gotto, Greer, Wallace, Walls, Whitmore, Crafton, Alexander, Wilhoite, Toler, Coleman, Bradley, Tygard (18); “Noes” Dread, Craddock, Murray, Cole, Hart, Forkum, Burch, White, Loring, McClendon, Hausser, Summers, Shulman, Adkins, Foster, Williams (16); “Abstaining” Kerstetter (1).

BILL NO. BL2004-409

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.740 to provide for the waiver of application fees for certain zoning applications, all of which is more specifically described herein (Proposal No. 2004Z-021T). Mr. Shulman 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. Shulman moved to moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-410

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.310 to require that all court proceedings associated with violations of the zoning code be resolved before the Board of Zoning Appeals may hold a public hearing upon a variance application for relief from the Code provisions that are the subject matter of the violation (Proposal No. 2004Z-022T). The bill was approved by the Planning Commission. 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, and defer it to the second meeting in December, which motion was seconded. Ms. Williams moved to defer the bill, which motion was seconded. After discussion, Mr. Briley called for the previous question, which motion was seconded and adopted a voice vote of the Council. The matter recurred on the motion to defer the bill, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-411

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 ORI district property at 3000, 3002 and 3004 Vanderbilt Place, 119 and 121 29th Avenue South, and 120 30th Avenue South (1.39 acres), all of which is described herein (Proposal No. 2004Z-142U-10). The bill was approved by the Planning Commission. Ms. Hausser 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 opposition to passage of the bills. The President declared the public hearing closed. Ms. Hausser moved to pass the bill on second reading and defer the bills to the first meeting in December, the bills being requested by Littlejohn Engineering and Associates, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-417

An ordinance authorizing the Metropolitan Government to participate with M2H Group to improve the public water service in the area of 807 18th Avenue North in Davidson County, by Metro Project No. 05-WG-4C. 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.

BILL NO. BL2004-418

An ordinance approving a construction agreement with CSX Transportation, Inc. 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.

BILL NO. BL2004-419

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 greenway system (Proposal No. 2004M-093U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Parks, Library, Recreation and Entertainment Facility and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-420

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 August 17, 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.

BILL NO. BL2004-421

An ordinance amending Chapter 5.04 of the Metropolitan Code of Laws to provide certain reporting requirements for nonprofit organizations receiving grants from the Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2004-422

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a 1,150 foot section of Anderson Road, between Anderson Road and New Smith Springs Road, to "Old Anderson Road" (Proposal No. 2004M-082U-13). The bill was approved by the Planning Commission and Emergency Communications District Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-423

An ordinance approving and authorizing the Mayor to execute a contract with the State of Tennessee Department of Transportation for reevaluation of the existing Environmental Impact Statement for a portion of the Shelby Street—Demonbreun Street corridor. 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.

Upon motion duly seconded, the meeting was adjourned.