Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, January 6, 2004


The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan City Hall.

The invocation was offered by Councilmember Jamie Isabel.

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, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (41); Absent (0).

The Minutes of the regular meeting of December 16, 2003 were approved.


ELECTIONS AND CONFIRMATIONS

Alarm Appeals Board

Reappointment of Ms. Eleanor Kilcrease Davis to the Alarm Appeals Board for a term expiring November 4, 2005. In the absence of the appointee, the confirmation was deferred.

Reappointment of Ms. Linda Lively to the Alarm Appeals Board for a term expiring November 4, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Paula Rucker to the Alarm Appeals Board for a term expiring November 4, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Public, Educational and Governmental Access Committee

Reappointment of Mr. Alan D. Johnson to the Public, Educational and Governmental Access Committee for a term expiring November 4, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Hazel B. Thomas to the Public, Educational and Governmental Access Committee for a term expiring November 4, 2006. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Public Administrator, Public Guardian, and Public Trustee Candidates

Nominations were previously submitted pursuant to Temporary Council Rule No. 43 as follows: Public Administrator: Peggy D. Mathes; Public Guardian: Monica D. Edwards; and Public Trustee: Thomas H. Ware. The Rules-Confirmations-Public Elections Committee found each candidate to be qualified and recommended their election at the meeting of the Metropolitan Council on January 20, 2004.


CONSENT AGENDA RESOLUTIONS

Resolution No. RS2003-124 was removed from the consent agenda because of a dissenting vote in the Rules-Confirmations-Public Elections Committee, pursuant to Temporary Council Rule No. 24.

RESOLUTION NO. RS2004-122

A resolution recognizing Judge Ben H. Cantrell on his retirement from service with the Tennessee Court of Appeals.

RESOLUTION NO. RS2004-123

A resolution recognizing Major Tom A. Dozier, Sr. for his service with the Metropolitan Police Department.

RESOLUTION NO. RS2004-125

A resolution recognizing Eric C. Bader upon receiving the prestigious Eagle Scout Award.

RESOLUTION NO. RS2004-126

A resolution recognizing Daniel McCloud upon receiving the prestigious Eagle Scout Award.

RESOLUTION NO. RS2004-127

A resolution recognizing Sister Sandra O. Smithson and Mrs. Mary Smithson Craighead.

RESOLUTION NO. RS2004-128

A resolution recognizing veterans of all military branches.

RESOLUTION NO. RS2004-129

A resolution recognizing the Cherokee Wolf Clan.

RESOLUTION NO. RS2004-130

A resolution recognizing John Thomas Patton.

RESOLUTION NO. RS2004-131

A resolution recognizing Jeremy David Sledge.

RESOLUTION NO. RS2004-132

A resolution recognizing the 2003 Una Pee Wee Bears Football Team.

Ms. McClendon moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); "Noes" (0). The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee.


RESOLUTIONS

RESOLUTION NO. RS2004-124

A resolution recognizing Jack Cawthon for being a community leader as well as an entrepreneur. Mr. Wallace moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); "Noes" (0). The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2004-133

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Greer moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); "Noes" (0).


BILLS ON PUBLIC HEARING

BILL NO. BL2003-25

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 Section 17.24.050 by exempting the tree density requirements from loading areas or tractor trailer staging, loading and parking areas, all of which is more particularly described herein (Proposal No. 2003Z-013T). Mr. Adkins moved to defer the bill to the March 2004 public hearing, awaiting a Planning Commission recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-49

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 OL districts to CS district properties at 1331 Jansing Drive and Jansing Drive (unnumbered), approximately 400 feet south of Antioch Pike (3.58 acres), all of which is more particularly described herein (Proposal No. 2003Z 096U 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 refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-50

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 RS7.5 district property at 12746 Old Hickory Boulevard, north of Logistics Way, (5.3 acres), all of which is more particularly described herein (Proposal No. 2003Z 115G 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 and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-51

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 Commercial Planned Unit Development located abutting the west margin of Briley Parkway, south of Glastonbury Road, classified CL (2.69 acres), approved for a 8,000 square foot restaurant and a vehicular rental facility, all of which is more particularly described herein (Proposal No. 134 78-U-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 refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-52

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 properties at 2122, 2124 and 2200 Hobbs Road located on the north margin of Hobbs Road and the northern terminus of Stammer Place (5.08 acres), all of which is described herein (Proposal No. 2003Z-128U-10). The bill was approved by the Planning Commission. Ms. Williams 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. Williams moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-53

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the north margin of Hobbs Road (5.08 acres), classified R20 district and proposed for RM4 district, the provisions of a Planned Unit Development District, to permit the development of 20 multi-family units in ten buildings (Proposal No. 2003P-013U-10). The bill was approved by the Planning Commission. Ms. Williams 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. Williams moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-54

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 Residential Planned Unit Development, classified RM20 (33.61 acres), approved for 480 multi-family units, located at Meridian Street and Foster Street, all of which is more particularly described herein (Proposal No. 2003P 015U-05). The bill was approved by the Planning Commission. Ms. Murray requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Ms. Murray moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-55

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 RM40 district (2.96 acres) property at 468 Ponder Place and from MUG district to IWD district (4.86 acres) property at Great Circle Road (unnumbered), abutting the east margin of 10th Avenue North and 1,500 feet east of Athens Way, (7.82 total acres), all of which is described herein (Proposal No. 2003Z-099U-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 and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-56

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 OL district property at Southgate Avenue (unnumbered), at the northern terminus of Stewart Place, (1.69 acres), all of which is more particularly described herein (Proposal No. 2002Z-125U-11). The bill was disapproved 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 and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-65

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 and R80 districts to RS10 district property located at Old Charlotte Pike (unnumbered), on the northwest corner of Old Charlotte Pike and Gower Road (19.41 acres), all of which is described herein (Proposal No. 2003Z-142G-06). The bill was disapproved by the Planning Commission. Mr. Tygard moved to withdraw the bill at the request of petitioner Anderson-Delk & Associates, Inc., which motion was seconded and adopted without objection.

BILL NO. BL2003-66

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 RS40 district to OL district on property at Route 5 Highway 100 on the east margin of Highway 100, approximately 150 feet south of Old Harding Pike, (3.22 acres), all of which is described herein (Proposal No. 2003Z-126G-06). Mr. Tygard moved to defer the bill to the March 2004 public hearing, awaiting a Planning Commission recommendation, the bill being requested by Richard D. Jones, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-67

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 RS40 district to CL (5.0 acres) and OL (3.42 acres) districts property at Route 5 Highway 100 located on the east margin of Highway 100, approximately 150 feet south from Old Harding Pike, (8.42 acres), all of which is described herein (Proposal No. 2003Z-127G-06). Mr. Tygard moved to defer the bill to the March 2004 public hearing, awaiting a Planning Commission recommendation, the bill being requested by Richard D. Jones, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-68

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 RS40 district to RM4 district property located at Highway 100 (unnumbered) on the northeast corner of Highway 100 and Chaffin Drive (1.94 acres), all of which is described herein (Proposal No. 2003Z-132G-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 and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-69

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, R8, R10 and R15 districts to RS5, RS7.5, RS10 and RS15 districts various properties located along the east and west side of Nolensville Pike and between Thompson Lane and I 440, (915.68 acres), all of which is described herein (Proposal No. 2003Z-146U-11). Ms. McClendon requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. McClendon moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-70

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 R6 district property located at 1103 McKennie Avenue, approximately 100 feet east of Gallatin Road (0.15 acres), all of which is described herein (Proposal No. 2003Z 149U-05). The bill was approved by the Planning Commission. Mr. Jameson 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. Jameson moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-71

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 RM15 district property at 1312 Eastland Avenue located at the southwest corner of Eastland Avenue and 14th Street North (0.29 acres), all of which is described herein (Proposal No. 2003Z 129U-05). The bill was approved by the Planning Commission. Mr. Jameson 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. Jameson moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-72

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the southwest corner of Eastland Street and 14th Street (.29 acres), classified R6 and proposed for RM15 district, the provisions of a Planned Unit Development District, to permit the development of a 4 unit multi-family development (Proposal No. 2003P-017U-05). The bill was approved by the Planning Commission. Mr. Jameson 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. Jameson moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-73

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL district to CS district property located at 4601 Nolensville Pike, at the southwest corner of Nolensville Pike and Cotton Lane (3.34 acres), all of which is described herein (Proposal No. 2003Z-138U-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 refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-74

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 RM4 district property located at Old Hickory Boulevard (unnumbered) and 205 Dunn Lane, on the south side of Old Hickory Boulevard, approximately 200 feet west of Chadwick Lane (20.07 acres), all of which is described herein (Proposal No. 2003Z 133G 12). The bill was approved by the Planning Commission. Mr. Toler requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Toler moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council .

BILL NO. BL2003-75

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the south margin of Old Hickory Boulevard, approximately 200 feet west of Chadwick Lane (20.07 acres), classified R40 and proposed for RM4, the provisions of a Planned Unit Development District, to permit the development of a 68 unit multi-family development (Proposal No. 2003P-014U-12). The bill was approved by the Planning Commission. Mr. Toler requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved to pass the bill on second reading as amended and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-76

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 OR40 district to CL district property located at 5548 Franklin Pike Circle (4.02 acres) and part of property at 5588 Franklin Pike Circle (8.0 acres), located abutting the north margin of Old Hickory Boulevard (12.02 acres total), all of which is described herein (Proposal No. 2003Z 139U-12). The bill was disapproved by the Planning Commission. Mr. Toler requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Toler moved to defer action on the bill, the bill being requested by GBT Realty Corporation, which motion was seconded and adopted by a voice vote of the Council, with Mr. Foster abstaining.

BILL NO. BL2003-77

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 existing undeveloped Planned Unit Development abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified OR40 and proposed CL, to permit the development of a 159,717 square foot retail center, 8,000 square foot office and a 5,400 square foot restaurant, approved for a 450,000 square foot six story office building and a 15,000 square foot restaurant, all of which is more particularly described herein, (Proposal No. 94P-009U-12). The bill was disapproved by the Planning Commission. Mr. Toler requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Toler moved to defer action on the bill, the bill being requested by GBT Realty Corporation, which motion was seconded and adopted by a voice vote of the Council, with Mr. Foster abstaining.

BILL NO. BL2003-78

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property located at 112 South 11th Street (.19 acres), classified CS, the provisions of a Planned Unit Development District, to permit a restaurant an exemption from the minimum distance requirements included in the beer provisions of the Metro Code (Proposal No. 2003P-018U-05). The bill was approved by the Planning Commission. Mr. Jameson 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. Jameson moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-79

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 and RS7.5 district to RM6 district property located at Edgemeade Boulevard (unnumbered), approximately 160 feet west of the western terminus of Aurora Avenue, (2.01 acres), all of which is more particularly described herein (Proposal No. 2003Z-109G-04). The bill was approved by the Planning Commission. Mr. Ryman moved to withdraw the bill at the request of petitioner William G. Cole, Jr., which motion was seconded and adopted without objection.

BILL NO. BL2003-81

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 and R6 districts to CL district property located at 1041, 1043 and 1045 West Greenwood Avenue, 1213, 1215 and 1217 Bailey Street, 1208, 1214, 1216 and 1220 Gallatin Road, (4.67 acres), all of which is described herein (Proposal No. 2003Z 136U 05). The bill was approved by the Planning Commission. Ms. Tucker requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Tucker moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-82

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the west margin of Gallatin Road, 190 feet south of Douglas Avenue (4.67 acres), classified CS and R6 districts and proposed for CL district, the provisions of a Planned Unit Development District, to permit the development of a 42,842 square foot retail/office/restaurant development (Proposal No. 2003P-019U-05). The bill was approved by the Planning Commission. Ms. Tucker requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Tucker moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-83

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 IG district property located at 12751 Old Hickory Boulevard, approximately 700 feet north of Logistics Way, (1.67 acres), all of which is described herein (Proposal No. 2003Z 108G-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 and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-84

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 RM9 district property located at 91 Tusculum Road along the south margin of Tusculum Road at Benzing Road, (4.45 acres), all of which is more particularly described herein (Proposal No. 2003Z-080U-12). The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill to the March 2004 public hearing, the bill being requested by Gary Batson, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-85

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 MUL (2.69 acres) and RS3.75 (1.00 acres) districts a portion of property at 2500 Murfreesboro Pike and property at 2530 Murfreesboro Pike, approximately 800 feet south of Edge O Lake Drive (3.69 acres total), all of which is described herein (Proposal No. 2004Z 005U 13).
The bill was approved by the Planning Commission. Ms. Wilhoite 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. Ms. Wilhoite moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-86

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 district to RM2 district part of property located at 3005 Fernbrook Lane, located abutting the south margin of Fernbrook Lane (26.8 acres), all of which is described herein (Proposal No. 2003Z-137U-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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Loring moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-87

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 IR district part of a parcel at Myatt Drive (unnumbered), located approximately 1,000 feet south of North Gallatin Pike along the west side of Myatt Drive (27.12 acres), all of which is described herein (Proposal No. 2004Z-003G-04). The bill was disapproved by the Planning Commission. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Ryman moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-88

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 CS district property located at 4060 Andrew Jackson Parkway, abutting the southwest corner of Andrew Jackson Parkway and Old Lebanon Dirt Road, (8.13 acres), all of which is more particularly described herein (Proposal No. 2003Z-111G-14). The bill was disapproved by the Planning Commission. Mr. Gotto requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill . The President declared the public hearing closed. Mr. Gotto moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-89

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 Planned Unit Development located abutting the west margin of Andrew Jackson Parkway, south of Old Lebanon Dirt Road, classified RS15, (8.13 acres), approved for a 39 unit townhome development, all of which is more particularly described herein, (Proposal No. 8-86-P-14). The bill was disapproved by the Planning Commission. Mr. Gotto requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill . The President declared the public hearing closed. Mr. Gotto moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-90

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 R8 district properties at 417 and 425 Page Road, Forrest Park Drive (unnumbered), 1208 Forrest Park Drive, and 308 Maybelle Lane (6.18 acres), all of which is described herein (Proposal No. 2003Z-118U-07). The bill was approved by the Planning Commission. Mr. Whitson 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. Whitson moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council, with Ms. Williams abstaining.

BILL NO. BL2003-91

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the corner of Page Road and Forrest Park Drive (6.18 acres), classified R20 and proposed for R8, the provisions of a Planned Unit Development District, to permit the development of 34 single-family lots (Proposal No. 2003P-010U-07). The bill was approved by the Planning Commission. Mr. Whitson 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. Whitson moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council with Ms. Williams abstaining.

BILL NO. BL2003-92

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, relative to the definition and zoning of restaurants, all of which is more particularly described herein (Proposal No. 2003Z-014T). The bill was approved by the Planning Commission. Ms. McClendon requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. McClendon offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. McClendon moved to pass the bill on second reading as amended and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-109

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property located at 1928 9th Avenue North at the southeast corner of Clay Street and 9th Avenue North (.37 acres), classified CS, the provisions of a Planned Unit Development District, to permit an existing restaurant an exemption from the minimum distance requirements included in the beer provisions of the Metro Code (Proposal No. 2003P 016U 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 and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-110

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 RS7.5 district properties located at 2544, 2558 and 2572 Una-Antioch Pike, approximately 1,000 feet northeast of Moss Road (13.02 acres), all of which is described herein (Proposal No. 2003Z-140U-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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Alexander offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Alexander moved to re-refer the bill as amended to the Planning Commission and to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-111

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 RM6 district property located at Franklin Limestone Road (unnumbered), located abutting the south margin of Franklin Limestone and Mullins Road (40.18 acres), all of which is described herein (Proposal No. 2003Z-135U-13). Mr. Alexander moved to defer the bill to the March 2004 public hearing, the bill being requested by MEC Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-112

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 0.28 acres from CS district to RS5 district property at 104 Lucile Street, approximately 150 feet east of Dickerson Pike, all of which is described herein (Proposal No. 2003Z-105U-05). The bill was approved by the Planning Commission. Ms. Murray requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Ms. Murray moved to pass the bill on second reading and refer it to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.


BILLS ON INTRODUCTION AND FIRST READING

BILL NO. BL2004-118

An ordinance accepting Deed of Perpetual Channel Improvement Easements for Project 99-SG-117, North First Street River Bank Stabilization Map 82-10, Parcel 9, and Map 82-14, Parcels 57, 58, 87 and 89 abutting the east bank of the Cumberland River for stabilization from the Cumberland River between Jefferson Street Bridge South and the CSX Rail Road Bridge (Proposal No. 2003M-101U-09). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-119

An ordinance authorizing the Metropolitan Government to accept a donation of one thousand, one hundred fifty-two dollars ($1,152.00) from Centenary United Methodist Church for the use and benefit of The Metropolitan Government of Nashville and Davidson County Tennessee. Upon motion duly seconded, the bill passed first reading and was referred to Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2004-120

An ordinance accepting $77,500.00 in cash donations and appropriating said sponsorship money that has been received into the general fund and appropriating an additional $20,000.00 in matching funds for the purpose of funding Contract No. 15462. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.
Amended: January 20, 2004