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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 adjourned session on this date at 6:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Senior Minister Michael Whittington of Antioch Church of Christ.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard and President Gentry (36); Absent: Dread, Gilmore, Brown, Crafton (4).
The Minutes of the regular meeting of October 17, 2006, were approved.
- COMMUNICATIONS FROM THE MAYOR-
November 9, 2006
The
Honorable Howard Gentry, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville
and Davidson County
Nashville, TN 37201
Vice Mayor Gentry and Members of the Metropolitan Council:
On Election Day the voters of this city and of the State of Tennessee overwhelmingly approved of a measure that we as policy makers for the city of Nashville had identified nearly two years ago as being critical to our constituents - property tax relief for our Senior Citizens.
As we knew then, it is important that a city do all that it can to insure that elderly property owners are able to live out their lives in dignity in the homes where they raised their families and created the neighborhoods that bind our city together. As I said in my State of Metro Address in May of 2005, "we know that rising property values place an intolerable burden on middle and lower income seniors. They find the homes that they purchased 40 years ago have become valued at figures beyond their wildest dreams. We can and must do something significant to remove the fear of our success that has resulted."
Now that the voters have spoken and endorsed what we in Nashville already knew to be critical to our future, it is our duty to respond and work toward implementation.
First, I ask you to join me in calling upon the General Assembly to work with us and other local governments in establishing enabling legislation to make this tax relief a reality. My administration is ready to assist by offering any information or technical assistance our legislative delegation may need to create a workable, sensible means of relief.
Second, I have today asked our Assessor of Property, Joanne North; our Trustee, Charlie Cardwell; Chairman of the Metropolitan Council Finance Committee, Councilmember Rip Ryman; and Executive Director of Senior Citizens, Inc, Janet Jernigan to join me in a working group to assist in passage and be certain that the Metropolitan Government is prepared to implement this much needed relief.
Third, it is my hope that the Metropolitan Council would once again show concern for the senior citizens in our community by supporting appropriate implementation of a senior tax relief program, once authorized and submitted to you as legislation for your approval.
I know you share in my excitement over the anticipation of a new senior tax relief program that will provide a resource in addition to the tax deferral option now offered to our elderly residents. As I said in 2005, and continue to believe today, my hope is that Tennessee can be a state that will someday be known as the state that most appreciates its seniors--parents, grandparents, and great grandparents--for all the years to come.
Thank you for all that you will do to make Nashville great.
Sincerely,
/s/
Bill Purcell
Mayor
- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -
The Rules-Confirmations-Public Elections Committee recommended deferral of the following proposed amendments to the Rules of Procedure of the Metropolitan Council:
Rule
No. 8.
Amending by adding the following new paragraph:
The
Metropolitan Clerk shall not permit any Member of Council to sign a resolution
or ordinance that has
been previously filed without the written consent of the primary sponsor.
Rule No. 37
Amending by adding the following provision at the end thereof:
Further,
a roll call vote is required on any motion for the previous question on the
operating budget for the
ensuing fiscal year or on legislation comprising the Mayor's capital spending
plan.
The following proposed amendment to the Rules of Procedure of the Metropolitan Council was announced and referred to the Rules-Confirmation-Public Elections Committee:
1. By deleting the provisions of Rule 1 in their entirety and substituting in lieu thereof the following new provisions:
The regular order of business shall be as follows:
1.
Meeting called to order
2. Invocation
3. Roll Call
4. Approval of minutes of previous meetings
5. Communications from the Mayor
6. Reports of committees on matters other than reports on ordinances and resolutions
7. Elections and confirmations
8. Public Hearings
9. Resolutions
10. Announcements and extraordinary matters
11. Ordinances on first reading
12. Ordinances on second reading
13. Ordinances on third reading
14. Memorializing resolutions
15. Adjournment
2. By amending Rule 25 by deleting the two sentences of the Rule in their entirety.
- ELECTIONS AND CONFIRMATIONS -
Health
and Educational Facilities Board
The President called for nominations to fill two (2) vacancies on The Health
and Educational Facilities Board of The Metropolitan Government of Nashville
and Davidson County. The nominations previously made were: R. Walker Batts,
Amy Adams Gowan, Frank, Harrison, Michael Kerstetter, Dr. Melvin Lightfoot,
and Ella Suddeth. The nominations of Mr. Harrison, Mr. Kerstetter and Dr. Lightfoot
were withdrawn. Mr. Adkins reported that the Rules-Confirmations-Public Elections
Committee had interviewed the three remaining candidates and found all candidates
qualified to serve.
Mr. Wallace requested a suspension of the rules to elect the candidates with the two highest votes on the first ballot to fill the two vacancies. Objection was made by Mr. Gotto and the rules were not suspended.
The vote was taken to fill the first vacancy and was recorded as follows: Batts: Gotto, White, Walls, Whitmore, Evans, Shulman, Foster, Alexander, Wilhoite, Hodge, Duvall, Tygard (12); Suddeth: Tucker, Isabel, Hunt, Craddock, Murray, Jameson, Burch, Greer, Toler, Coleman (10); Gowan: Dozier, Neighbors, Cole, Hart, Forkum, Ryman, Loring, Wallace, Adkins, Williams, President Gentry (11). As no candidate received a majority of votes cast, a second vote between the two candidates with the largest number of votes was taken and recorded as follows: Batts: Dozier, Murray, Gotto, Burch, White, Walls, Whitmore, Evans, Shulman, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Tygard (16); Gowan: Neighbors, Tucker, Isabel, Hunt, Craddock, Jameson, Cole, Hart, Forkum, Ryman, Loring, Wallace, Adkins, Foster, Williams (15). The President declared that Mr. Batts was elected to The Health and Educational Facilities Board of the Metropolitan Government for a six-year term expiring September 30, 2012.
The next vote was taken to fill the second vacancy and was recorded as follows: Suddeth: Tucker, Isabel, Hunt, Murray, Jameson, Burch, White, Greer, Wallace, Alexander, Wilhoite, Toler, Coleman, Duvall, Tygard (15); Gowan: Dozier, Neighbors, Craddock, Cole, Hart, Forkum, Ryman, Gotto, Loring, Walls, Whitmore, Evans, Shulman, Adkins, Foster, Hodge, Williams (17). The President declared that Ms. Gowan was also elected to The Health and Educational Facilities Board of the Metropolitan Government for a six-year term expiring September 30, 2012.
Mr. Adkins requested a suspension of the rules for consideration of a late resolution at this time and no objection was made.
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. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); "Noes" (0).
At this time the regular order of business was resumed.
Work
Release Commission
Appointment of Mr. David Biggs by Sheriff Daron Hall for a term expiring September
20, 2011. The Rules-Confirmations-Public Elections Committee recommended the
appointment and Mr. Adkins moved for confirmation, which motion was seconded
and adopted by a unanimous vote of the Council.
Appointment of Mr. Patrick J. Curran III by Sheriff Daron Hall for a term expiring September 20, 2011. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- BILLS ON PUBLIC HEARING -
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS5 to MUL district properties located at 103 and 105 West Trinity Lane, approximately 120 feet west of Dickerson Pike (.48 acres), all of which is described herein (Proposal No. 2006Z-046U-05). The bill was approved by the Planning Commission. Ms. Murray moved to defer the bill to the January public hearing, the bill being requested by Chris Dawson - Red River Investments, 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 CL zoning property located at 1433 Antioch Pike, approximately 460 feet south of Ezell Road (.28 acres), all of which is described herein (Proposal No. 2006Z-085U-13). The bill was disapproved 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 and defer the bill indefinitely, the bill being requested by Rahim and Shokria Ghafuri, 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 SP zoning on properties located at 1211, 1215, 1217, 1219 and 1229 4th Avenue North, 4th Avenue North (unnumbered), and 407 Monroe Street, located at the southwest corner of 4th Avenue North and Monroe Street, to permit the development of 38 units and 2,775 square feet of commercial space (1.64 acres), all of which is described herein (Proposal No. 2006SP-119U-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.
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 RM15 zoning property located at 8921 Collins Road, approximately 275 feet west of Collinswood Drive (2.5 acres), all of which is described herein (Proposal No. 2006Z-130G-06). Mr. Tygard moved to defer the bill to the January public hearing while awaiting a Planning Commission recommendation, the bill being requested by A.W. Chaffin, Edna L. Chaffin, R.S. Chaffin, Melissa L. Chaffin, Don Einwag and Sherrill D. Einwag, 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 SP zoning property located at 5748 Pettus Road, on the west side of Preston Road, to permit 72 single-family lots (41.44 acres), all of which is described herein (Proposal No. 2004SP-090G-12). The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 CL district property located at Murfreesboro Pike (unnumbered), between Kermit Avenue and Jupiter Drive (1.04 acres), all of which is described herein (Proposal No. 2005Z-144U-13). The bill was approved by the Planning Commission. Mr. Burch 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. Burch moved to pass the bill on second reading and defer the bill indefinitely, the bill being requested by Sam Bernhard, 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 SP zoning on property located at 1329 7th Avenue North, to permit 5 single-family two-story homes, southwest corner of 7th Avenue North and Taylor Street (.18 acres), all of which is described herein (Proposal No. 2006SP-075U-08). The bill was disapproved 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 a citizen was heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Wallace moved to pass the bill on second reading and re-refer the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2006-1163 and BL2006-1164 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 SCR to MUL zoning on property located at 5222 Hickory Hollow Parkway, located at the northeast corner of Hickory Hollow Parkway and Hickory Hollow Place (2.04 acres), all of which is described herein (Proposal No. 2006Z-128U-13). 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 the Planned Unit Development district located at 5222 Hickory Hollow Parkway (2.04 acres), to permit a religious institution use in the existing building, replacing a retail use, all of which is more particularly described herein (Proposal No. 1-74-U-13). The bill was approved by the Planning Commission.
Mr. Coleman 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. Coleman 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 making applicable the provisions of a Planned Unit Development located at Pettus Road (unnumbered), at the terminus of Bison Court, to permit the development of 30 single-family lots, all of which is described herein (Proposal No. 2006P-007G-12). The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 17.20.120 of Title 17 of the Metropolitan Code, Zoning Regulations, by modifying the basis for calculating a financial contribution in lieu of sidewalk construction, all of which is more specifically described herein (Proposal No. 2006Z-164T). The bill was disapproved by the Planning Commission. In the absence of the sponsor the bill was deferred to the January public hearing.
An
ordinance amending Chapters 17.04, 17.08, 17.16 and 17.20 of Title 17 of the
Metropolitan Code, Zoning Regulations, by designating "Car Wash" as
a use permitted with conditions (PC), and adding certain conditions pertaining
to car washes, all of which is more specifically described herein (Proposal
No. 2006Z-165T). Ms. Neighbors
moved to defer the bill to the January public hearing, 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 R40 to RS40 zoning properties located at 1006, 1008, 1012 and 1016 Battery
Lane, approximately 230 feet west of Lealand Drive (5.71 acres), all of which
is described herein (Proposal No. 2006Z-144U-10). The bill was approved by the
Planning Commission. 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 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 CS district property located at Una Antioch Pike (unnumbered), along the northeast corner of Una Antioch Pike and Goodwin Drive (0.23 acres), all of which is described herein (Proposal No. 2006Z-030U-13). Mr. Alexander moved to defer the bill to the January public hearing while awaiting a Planning Commission recommendation, the bill being requested by James A. Rust and Mitchell Whitson, 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 amending a Planned Unit Development district located at Cotton Lane (unnumbered), along the north side of Northcrest Drive, at the southern terminus of Cotton Lane, to permit 21 townhomes, all of which is more particularly described herein (Proposal No. 69-82-U-12). The bill was approved by the Planning Commission. Mr. Foster 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. Foster moved to pass the bill on second reading and defer the bill to the first meeting in December since he as sponsor would not be present at the next regular meeting of Council, the bill being requested by Batson and Associates, 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 RS10 zoning various properties located south of Sharondale Drive on 22nd Avenue South (10.41 acres), all of which is described herein (Proposal No. 2006Z-140U-10). The bill was approved by the Planning Commission. 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 pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2006-1201 and BL2006-1202 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 to SCR zoning on a portion of property located at 5319 Mt. View Road, at the southeastern corner of Bell Road and Mt. View Road (0.67acres), all of which is described herein (Proposal No. 2006Z-101U-13). 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 Planned Unit Development district, located at 5319 Mt. View Road, at the southeast intersection of Bell Road and Mt. View Road, to permit the development of a fuel center with five pumps and a 266 square foot kiosk to be constructed within the existing parking lot, all of which is described herein (Proposal No. 79-81-G-13). The bill was approved by the Planning Commission.
Mr. Duvall requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and no one came forward to be heard. The President declared the public hearing closed. Mr. Duvall moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 and RS40 to RS20 zoning various properties located east of Hilldale Drive on Sugartree Road, Sugartree Place and Kenway Road (31.25 acres), all of which is described herein (Proposal No. 2006Z-143U-10). The bill was approved by the Planning Commission. 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 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 IR to MUN zoning property located at 1409, 1411 and 1413 4th Avenue North and 4th Avenue North (unnumbered), located at the southwest corner of 4th Avenue North and Van Buren Street (.79 acres), all of which is described herein (Proposal No. 2006Z-132U-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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from MUL and R6 to SP zoning property bounded by Metrocenter Boulevard, Dominican Drive and Clay Street (4.96 acres), to permit a new automobile sales and service complex with two buildings totaling 32,225 square feet, all of which is described herein all of which is described herein (Proposal No. 2006SP-108U-08). The bill was approved by the Planning Commission. Mr. Isabel requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council, with Ms. Wilhoite "Abstaining."
An ordinance amending Section 17.16.160 of Title 17 of the Metropolitan Code, Zoning Regulations, by replacing the special exception standards for Historic Homes Events with new standards, all of which is more specifically described herein (Proposal No. 2006Z-170T). The bill was approved by the Planning Commission. Mr. Jameson moved to defer the bill to the January public hearing, 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 a Planned Unit Development district located at Murfreesboro Pike (unnumbered) and LaVergne Couchville Pike (unnumbered), along the east side of Murfreesboro Pike (11.24 acres), approved for a 108,600 square feet of retail, all of which is described herein (Proposal No. 72-86-P-13). The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2006-1216 and BL2006-1217 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 canceling a Planned Unit Development district located at 4198 Murfreesboro Pike and Murfreesboro Pike (unnumbered), along the northeast corner of Murfreesboro Pike and LaVergne Couchville Pike, approved for 72,500 square feet of office, retail, and restaurant uses (8.91 acres), all of which is described herein (Proposal No. 68-86-P-13). 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 changing from AR2a, CL, R10, RS10, CS, and IR to SP zoning various properties located on Murfreesboro Pike between Hickory Woods Drive and Hurricane Creek Boulevard (62.10 acres), all of which is described herein (Proposal No. 2006SP-166U-13). The bill was approved by the Planning Commission.
Mr. Coleman 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. Coleman 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 IWD, CS and ORI to ORI (1.4 acres) and MUG (3.0 acres) zoning a portion of property located at 75 Lester Avenue, approximately 550 feet west of Elm Hill Pike (4.4 total acres), all of which is described herein (Proposal No. 2006Z-131U-11). 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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD to CS zoning property located at 1518 4th Avenue South, north of the intersection of Nolensville Pike, Ensley Boulevard, and 4th Avenue South (1.67 acres), all of Which is described herein (Proposal No. 2006Z-167U-11). 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.
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 R15 to CS zoning property located at 7340 Charlotte Pike, approximately 800 feet northeast of Old Hickory Boulevard (1.46 acres), all of which is described herein (Proposal No. 2006Z-151U-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.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to MUL zoning on property located at 1723 8th Avenue North, approximately 225 feet south of Buchanan Street (0.19 acres), all of which is described herein (Proposal No. 2006Z-155U-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.
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 RM60 zoning on property located at Jo Johnston Avenue (unnumbered) and 513 and 515 Spruce Street, approximately 250 feet south of 21st Avenue North (0.39 acres), all of which is described herein (Proposal No. 2006Z-153U-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 no one came forward to be heard. 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 OL to CL zoning property located at 144 McGavock Pike, at the west end of Park Drive (1.07 acres), all of which is described herein (Proposal No. 2006Z-156U-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.
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 CL zoning properties located at 148 and 150 McGavock Pike, approximately 150 feet south of Park Drive (2.14 acres), all of which is described herein (Proposal No. 2006Z-150U-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 offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring 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 changing from R10 to RS10 zoning various properties located north of Sharondale Drive on Sharondale Court (5.51 acres), all of which is described herein (Proposal No. 2006Z-163U-10). The bill was approved by the Planning Commission. 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 defer the bill to the first meeting in December while discussions continue with affected neighbors, 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 zoning (8.28 acres) and from R6 to RS7.5 zoning (17.61) various properties located north of Clifton Avenue on 39th Avenue North, Branch Street, 31st Avenue North, Alameda Street, 32nd Avenue North, Batavia Street, 34th Avenue North, Clifton Avenue, T.S. Jackson Avenue, and 38th Avenue North, all of which is described herein (Proposal No. 2006Z-169U-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 no one came forward to be heard. 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 SP zoning property located at 1206 Brick Church Pike and 40 Evergreen Avenue, located at the southwest corner of Brick Church Pike and Fern Avenue and the southeast corner of Fern Avenue and Evergreen Avenue, to permit the development of 45 units (1.07 acres), all of which is described herein (Proposal No. 2006SP-159U-03). The bill was approved by the Planning Commission. Mr. Dozier 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. Dozier 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 SP zoning on property located at 1517 4th Avenue South, at the corner of 4th Avenue South and Mallory Street (.44 acres), to permit "Automobile Sales Used", "Automobile Services", all of which is described here in (Proposal No. 2006SP-105U-07). 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.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Dr. Harriette Bias-Insignares for her distinguished work and exceptional service to the people of Davidson County, the State of Tennessee, and the nation.
A resolution recognizing and commending the Honorable Amanda McClendon, Judge, for her outstanding public service to Metropolitan Nashville and Davidson County, State of Tennessee.
A resolution congratulating Reverend H. Bruce Maxwell upon the occasion of his 30th Anniversary as Pastor of Lake Providence Missionary Baptist Church and commending him for his faithful service.
A resolution recognizing December 16, 2006, as "Homeless Memorial Day" in Nashville, Tennessee.
A resolution recognizing and celebrating November 12-18, 2006, as American Education Week.
A resolution recognizing the 80th Annual Waffle Shop! Event held at the historic Downtown Presbyterian Church.
A resolution recognizing the Oglesby Community House in Nashville, Tennessee.
A resolution recognizing and commending the UAW-Ford Rescue Squad.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. Neighbors moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "Noes" (0).
- RESOLUTION -
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); "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 RS5 to SP zoning property located at 711 and 713 40th Avenue North, at the southwest corner of Clifton Avenue and 40th Avenue North (.54 acres), to permit the development of 10 townhomes, all of which is described herein (Proposal No. 2006SP-135U-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 to SP zoning property located at 13880 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 465 feet west of Legacy Drive (173.9 acres), to permit the development of 200 townhouses and 700 single-family houses, all of which is described herein (Proposal No. 2006SP-181G-12). 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 CF to SP zoning properties located at 141, 147, 149, 151, 161, 163, and 165 2nd Avenue South and 140 and 150 3rd Avenue South, and 3rd Avenue South (unnumbered) at the northeast corner of 3rd Avenue South and Demonbreun Street (1.59 acres), to permit the development of a mixed-use, 28 story office/retail building, all of which is described herein (Proposal No. 2006SP-161U-09). Mr. Jameson offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Upon motion duly seconded, the bill passed first reading as amended 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 CS to RS5 zoning property located at 1006 44th Avenue North, approximately 210 feet north of Albion Street (0.16 acres), all of which is described herein (Proposal No. 2006Z-168U-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 SP zoning to permit "Automobile Sales, Used" and general office on property located at 2739 Murfreesboro Pike, approximately 680 feet north of Morris Gentry Boulevard (.45 acres), all of which is described herein (Proposal No. 2006SP-115U-13). The bill was approved by the Planning Commission. Mr. Duvall moved to defeat the bill because of significant neighborhood opposition to the proposal, the bill being requested by D. Joe Conrad, which motion was seconded and adopted by a unanimous 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 SP zoning properties located at 2721 and 2725 Nolensville Pike, and 2722 Grandview Avenue, at the northwest corner of Nolensville Pike and McClain Avenue (0.82 acres), to permit the expansion of an existing used car sales lot, all of which is described here in (Proposal No. 2006SP-152U-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 amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.120 to require that all planned unit developments inactive for more than six years be submitted to the Metro Council for approval prior to the issuance of any building or grading permit (Proposal No. 2006Z-186T). 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 amending Chapter 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, by deleting rehabilitation services as a permitted use in the AG and AR2a districts, all of which is more specifically described herein (Proposal No. 2006Z-191T). 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 amending Chapter 2.44 of the Metropolitan Code of Laws to require the Metropolitan Police Department to provide quarterly and annual crime reports to the Metropolitan Council. 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 Section 16.12.130 of the Metropolitan Code of Laws to allow the installation of plumbing fixtures designed to reduce or eliminate water consumption. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works by a voice vote of the Council.
An ordinance amending Section 16.28.040 of the Metropolitan Code of Laws to require applicants for building and demolition permits to submit a plan for the disposal of construction and demolition waste generated on the property. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.
An ordinance authorizing the acquisition of certain interests in real property, granting certain easements, and abandoning certain easements as herein described in connection with an expansion of the West Nashville Police Station and improvements to H.G. Hill Park (Proposal No. 2006M-196U-07). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission; Budget and Finance; Parks, Library, Recreation and Public Entertainment Facility; Public Safety-Beer and Regulated Beverages; Public Works; and Planning, Zoning and Historical Committees by a voice vote of the Council.
Upon
motion duly seconded, the meeting was adjourned.