Metro Seal

M I N U T E S

Metropolitan Council Meeting

Thursday, May 7, 1999


The Metropolitan Council met in adjourned session on this date at 7:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilmember Chris Ferrell.

President Pro Tem Steine presided at this time in the absence of the Vice Mayor.

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: Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Ponder, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Holloway, Hollis, Alexander, Jenkins, Fentress, Lineweaver and President West (36); Absent: Majors, Wooden, French, Hall, Turner (5).

The Minutes of the regular meeting of April 21, 1998 were approved.

- MAYOR’S MESSAGES -

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.80.020 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Board of Fire and Building Code Appeals, the following eligible, qualified person:

Mr. Mike Apple, 786 Peach Orchard Drive, Nashville, TN 37204.

Mr. Apple will serve as the board's building and construction representative. His term will expire March 1, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen

Mayor

The communication was received and read. Mr. Harrison, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the committee had considered and recommended the appointment of Mr. Apple to the Board of Fire and Building Code Appeals. Mr. Harrison moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.88.020 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Board of Housing Code Appeals, the following eligible, qualified person:

Ms. Ida Carrigan, 7621 Ridgewood Road, Goodlettsville, TN 37072.

Ms. Carrigan will serve as the real estate representative and will replace Jo Anne Corbitt, who recently resigned. Her term will expire July 29, 2001.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen

Mayor

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.88.020 of the Metropolitan Code of Laws, I hereby reappoint, subject to your confirmation, as a member of the Board of Housing Code Appeals, the following eligible, qualified person:

Mr. Ed Latimer, 1123 Draughon Avenue, Nashville, TN 37204.

Mr. Latimer will continue to serve as the building and construction materials representative. His term will expire April 7, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen

Mayor

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.88.020 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Board of Housing Code Appeals, the following eligible, qualified person:

Ms. Linda Weber, 9138 Sawyer Brown Road, Nashville, TN 37211.

Ms. Weber will continue to serve as the finance representative. Her term will expire April 7, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen

Mayor

The communication was received and read. Mr. Harrison, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the committee had considered and recommended the appointment of Ms. Carrigan and the reappointments of Mr. Latimer and Ms. Weber to the Board of Housing Code Appeals. Mr. Harrison moved to confirm the appointments, which motion was seconded and adopted by a unanimous vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. R98-1124

A resolution honoring Lady Jackson upon her completion of service with The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. R98-1125

A resolution honoring Alma Barron Lindquist on her 80th Birthday celebration.

RESOLUTION NO. R98-1126

A resolution recognizing Linda G. Jones on being named a State Finalist for 1998 Teacher of the Year.

RESOLUTION NO. R98-1127

A resolution honoring Lauren Elise Briggance Simpson.

RESOLUTION NO. R98-1128

A resolution honoring Conrad Golightly upon receiving the Eagle Scout Award.

RESOLUTION NO. R98-1129

A resolution honoring the Alvin G. Beaman Family for their numerous contributions to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. R98-1130

A resolution recognizing Bud Adams, the Tennessee Oilers Football Team, and the National Football League for their contributions to the tornado relief effort.

RESOLUTION NO. R98-1131

A resolution honoring the Metro Beautification and Environment Commission.

Without objection the rules were suspended for consideration of two (2) late resolutions.

RESOLUTION NO. R98-1133

A resolution recognizing Una Elementary School on winning the annual Student Writers' Showcase Crystal Quill Award.

RESOLUTION NO. R98-1134

A resolution recognizing Sergeant Phillip Clark Sage for receiving the 1998 Theodore Roosevelt Association Police Award for Nashville and Middle Tennessee.

The resolutions on the consent agenda were approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Ponder, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Holloway, Hollis, Alexander, Jenkins, Fentress, Lineweaver (34); "Noes" (0).

- RESOLUTION -

RESOLUTION NO. R98-1132

A resolution approving the election of certain notaries public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Ponder, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Holloway, Hollis, Alexander, Jenkins, Fentress, Lineweaver (34); "Noes" (0).

- BILLS ON PUBLIC HEARING -

BILL NO. O98-1082

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 District to MUN District (Proposal No. 98Z-011U), certain property at 225 Ben Allen Road, all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Harrison, in the absence of the sponsor, 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. Harrison moved to defer action on the bill, the bill being requested by Plumber and Pipefitter Local 572 Building Corporation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1134

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 District to RM4 District (Proposal No. 98Z-015G), certain property at 407 Old Hickory Boulevard, all of which is more particularly described herein. 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 and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1135

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 RS20 District to RM9 District (Proposal No. 98Z-028G), certain property located on the south margin of Westchester Drive, approximately 200 feet east of Dickerson Pike, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Nollner 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. A petition was filed in opposition to passage of the bill. Mr. Nollner moved to defer action indefinitely on the bill, the bill being requested by Gene E. Tidwell, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1136

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 Residential Planned Unit Development District abutting the south margin of Whitsett Road, opposite Sterling Boone Drive (Proposal No. 113-85-P), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Graves 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 favor of passage of the bill. The President declared the public hearing closed. Mr. Graves moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1146

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 District to CS District (Proposal No. 98Z-032U), a portion of 580 Donelson Pike, abutting the east margin of Claridge Drive, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Dale 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. Dale moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1147

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 District to CS District (Proposal No. 98Z-031U), properties located at 2716 and 2720 Shacklett Drive, approximately 800 feet west of Donelson Pike, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Dale 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. Dale moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1148

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 District to CL District (Proposal No. 98Z-035U), property located at 2130 Murfreesboro Pike, and a portion of property located at 2119 Murfreesboro Pike, approximately 1,200 feet south of Smith Springs Road, all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Sontany 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. Sontany moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1149

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS15 District (Proposal No. 98Z-036G), property located at 8994 Newsom Station Road and extending northward to the Harpeth River, all of which is more particularly described herein. 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 and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1150

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 District to CS District (Proposal No. 98Z-030U), property located at 5606 O'Brien Avenue, approximately 300 feet west of White Bridge Road, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Holt 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. Holt moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1151

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 District and IR District to RS3.75 District (Proposal No. 98Z-052U), properties within the Hope Gardens neighborhood which is generally bounded by Jefferson Street to the north, Eighth Avenue to the east, Interstate 40 to the west and Herman Street to the south, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Haddox 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 favor of passage of the bill. The President declared the public hearing closed. Mr. Haddox offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Haddox moved to pass the bill on second reading as amended, and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1152

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 RM40 District and OR20 District to RS3.75 District (Proposal No. 98Z-063U) properties located on the south side of Britt Place between 21st Avenue North and 19th Avenue North, and at 809, 811 1/2, 811 19th Avenue North, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. McCallister 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. McCallister moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1153

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 District to CS District (Proposal No. 96Z-017U), property located at 2305 Buchanan Street, approximately 40 feet west of 23rd Avenue North, all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Haddox 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. Haddox moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1154

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 (Proposal No. 98Z-042U), property located at 213 Oceola Avenue, approximately 400 feet north of Burgess Avenue on the east margin of Bellmore Avenue, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Johns 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. Johns moved to defer action on the bill, to work out some of the issues raised by the neighborhood, the bill being requested by Southeast Ventures, LLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1155

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 District to CL District (Proposal No. 98Z-038G), property located at 6410 Eatons Creek Road, on the south margin of Interstate 24 and Eatons Creek Road, all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Patton 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. Patton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1157

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 and R15 Districts to RM4 District (Proposal No. 98Z-047U), property located at 5453 and 5501 Edmondson Pike, approximately 500 feet north of Old Hickory Boulevard, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Jenkins 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. Jenkins moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1158

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, RS40, CN, and AR2a Districts to CL and RS10 Districts (Proposal No. 98Z-065G), property located at 7140 Whites Creek Pike, north of Old Clarksville Pike, all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Patton 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. Patton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1159

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 District to MUL District (Proposal No. 98Z-043U), property located on Donelson Pike (unnumbered) and at 555 Donelson Pike, approximately 300 feet south of Royal Parkway, all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Stanley 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. Stanley moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1160

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 Commercial Planned Unit Development District located at 5702 River Road, approximately 80 feet west of Charlotte Pike (Proposal No. 203-81-U), classified within the CS District, all of which is more particularly described herein. 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 and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1161

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 District to RM40 District (Proposal No. 98Z-045G), property located along the north margin of Highway 70 South, approximately 900 feet west of Hicks Road, all of which is more particularly described herein. The bill was disapproved 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Crafton moved to pass the bill on second reading as amended, and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1162

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 District to RM20 District (Proposal No. 98Z-073G), property located at 6962 Highway 70 South, 1,800 feet east of Old Hickory Boulevard, all of which is more particularly described herein. The bill was disapproved 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 a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Crafton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1163

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 District to OL District (Proposal No. 98Z-049U), property located at 2034 Pittway Drive and on the northeast margin of Oakwood Avenue, approximately 100 feet west of Ellington Parkway, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Harrison, on behalf of the sponsor, 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. Harrison moved to defer action on the bill, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1164

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 certain properties abutting the north and south margins of Hobson Pike, classified AR2a and proposed for R15, the provisions of the Planned Unit Development District (Proposal No. 98P-002G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Holloway 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. Holloway moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1165

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 abutting the north and south margins of Hobson Pike (Proposal No. 88P-038G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Holloway 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. Holloway moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1166

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to R15 District (Proposal No. 98Z-050G), properties abutting the north and south margins of Hobson Pike, approximately 1.8 miles south of Couchville Pike, all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Holloway 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. Holloway moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

Vice Mayor West assumed the chair at this time.

BILL NO. O98-1167

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 District to R15 District (Proposal No. 98Z-039G), property located at 103 and 107 Bellevue Road, opposite Hicks Road, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Lineweaver 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 opposition to passage of the bill. The President declared the public hearing closed. Mr. Lineweaver moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1168

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 certain property located between Bellevue Road and the CSX Railroad, opposite Hicks Road, classified RS15 and proposed for R15, the provisions of the Planned Unit Development District (Proposal No. 97P-024G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Lineweaver 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 opposition to passage of the bill. The President declared the public hearing closed. Mr. Lineweaver moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1169

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 District to IWD District (Proposal No. 98Z-044G), property located at 501 Brick Church Lane, and a portion of property abutting the northwest margin of I-24 and Brick Church Lane, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Nollner 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 opposition to passage of the bill. The President declared the public hearing closed. Mr. Nollner moved to defer action on the bill until the first meeting in June, to further discuss concerns of the neighbors, the bill being requested by Holland, Beam, Warden and Mittledorf, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1170

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 District to RM9 District (Proposal No. 98Z-055U), properties located on Nevada Avenue (unnumbered) and at 3303 and 3305 Nevada Avenue, and on 33rd Avenue North (unnumbered) and at 249, 251, 253, 292, 294, 296 and 298 33rd Avenue North (2.75 acres), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Johns 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 opposition to passage of the bill. The President declared the public hearing closed. A petition was filed in opposition to passage of the bill. Mr. Johns moved to defer action on the bill for further discussion with the developer, the bill being requested by Brett Massey, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1171

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 District to MUN District (Proposal No. 98Z-054U), properties located at 1325 and 1329 Third Avenue North, abutting the southwest margin of Taylor Street and Third Avenue North (.26 acres), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Haddox 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. Haddox moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1172

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 District to RM20 District (Proposal No. 98Z-066G), a portion of vacant property located on Lena Belle Drive, south of Old Hickory Boulevard and east of Forest Park Road, all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Dillard 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. Dillard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dillard moved to pass the bill on second reading as amended, and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1173

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 District to RM40 District (Proposal No. 98Z-068U), property located at 1227, 1233, 1235, 1243, 1245, 1247 and 1249 Lewis Street, between North Hill and Garden Streets, and from R6 to RM40 District property located at 138, 140, 1242, 1244, 1246, 1248, 1252 and 1256 Thomas Street, between North Hill and Garden Streets, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Sloss 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. Sloss moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1174

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 District to MUL District (Proposal No. 98Z-067U), property located at 4500 Harding Pike, at the southwest corner of White Bridge Road and Harding Pike, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Fentress 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. Fentress moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1175

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS10 District (Proposal No. 98Z-048G), property located at 6079 Culbertson Road, approximately 1,600 feet west of Old Hickory Boulevard, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Alexander requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Alexander moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. O98-1180

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a segment of Barclay Drive between Riverside Drive and its western terminus (Proposal No. 98M-029U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O98-1181

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley 934 between 26th Avenue North and 27th Avenue North (Proposal No. 98M-041U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O98-1182

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a 50-foot segment at the eastern terminus of an unnumbered alley east of Alley 1140 between Charlotte Avenue and Trevor Street (Proposal No. 98M-039U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O98-1183

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 District to OR20 District (Proposal No. 98Z-051U), properties located at 314, 318, and 320 Alice Avenue, Alice Avenue (unnumbered), and Higgins Street (unnumbered), approximately 400 feet east of Nolensville Pike, all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O98-1184

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 District to CS District (Proposal No. 98Z-058U), properties located at the south margin of Trevor Street and the east margin of Alley 1104 (.52 acres), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O98-1185

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to CS District (Proposal No. 98Z-040U), property located at 1451 Bell Road, approximately 3,600 feet west of Blue Hole Road, all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O98-1186

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS10 District (Proposal No. 98Z-037G), property located at 14307 Old Hickory Boulevard, approximately 2,200 feet south of Barnes Road, all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O98-1187

An ordinance approving Amendment No. 5 to the Capitol Mall Redevelopment Plan. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O98-1188

An ordinance approving the Arts Center Redevelopment Plan. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Federal Grants Review and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O98-1189

An ordinance to amend the Official Tax Map of The Metropolitan Government of Nashville and Davidson County, Tennessee, by abandoning, vacating and conveying to adjoining property owners a certain parcel of property shown on Tax Map 60-16 as Parcel 120, all of which is more particularly described herein. 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, Historical and Port Authority Committees by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O98-1190

An ordinance to amend Title 12 and Title 13 of the Metropolitan Code of Laws of Nashville and Davidson County to regulate the use of roller skates, in-line skates and skateboards. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey, Public Works and Traffic and Parking Committees by a voice vote of the Council.

BILL NO. O98-1191

An ordinance to regulate temporary sidewalk encroachments by street vendors, signs and performers. 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. O98-1192

An ordinance to amend Section 4.4 of Substitute Ordinance SO96-555 of the Metropolitan Code of Laws of Nashville and Davidson County to permit certain garage, carport, and yard sales as residential accessory uses. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O98-1193

An ordinance authorizing the Metropolitan Department of Law to cause contracts approved by the Metropolitan Council to be amended to include Year 2000 warranty and responsibilities. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance by a voice vote of the Council.

BILL NO. O98-1194

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, prepared by Book Publishing Company, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before February 1998. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections-Aviation Committee by a voice vote of the Council.

BILL NO. O98-1195

An ordinance approving a grant of $2,693.70 to The Metropolitan Government of Nashville and Davidson County, acting through the Davidson County Election Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Rules-Confirmations-Public Elections-Aviation Committees by a voice vote of the Council.

BILL NO. O98-1196

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring a utility easement for use in Public Project No. 97-SG-87, Harding Place Sewer Relocation. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O98-1197

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 132 (Hog Alley) (Proposal No. 98M-053U), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O98-1198

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 undeveloped Reduced Site Size Residential Planned Unit Development District abutting the west margin of Old Harding Pike, 155 feet south of Poplar Creek Trace (Proposal No. 36-87-P), classified RS15, all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

Without objection the rules were suspended for consideration of two (2) late bills.

BILL NO. O98-1199

An ordinance approving a grant from the Gates Library Foundation to The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Public Library to expand public access to computers and the Internet. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Parks, Library, Recreation and Auditorium Committees by a voice vote of the Council.

BILL NO. O98-1200

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by closing Gay Street between Fifth Avenue North and its western terminus (Proposal No. 98M-050U), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. O98-1102

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 RM40 District to ORI District (Proposal No. 97Z-115U), certain properties located at 3308 and 3310 Orleans and 3311 West End Avenue, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Clifton moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Ponder, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Holloway, Hollis, Alexander, Jenkins, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O98-1103

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 certain property located between West End Avenue and Orleans Drive, all proposed for ORI, the provisions of Division VI, Chapter 17.100, the Commercial (General) Planned Unit Development District (Proposal No. 97P-041U), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Clifton offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Clifton moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Ponder, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Holloway, Hollis, Alexander, Jenkins, Fentress, Lineweaver (35); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned.