Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, March 2, 2004


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

The invocation was offered by Reverend Jay Hartley, Eastwood Christian Church.

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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (38); Absent: Ryman, Brown, Hausser (3).


- CONSIDERATION OF PROPOSED RULES OF PROCEDURE -

Ms. McClendon, Chair of the Rules-Confirmations-Public Elections Committee, moved to continue consideration of the proposed Rules of Procedure of the Metropolitan Council for one meeting, upon the Committee recommendation, which motion was seconded and adopted without objection.


- ELECTIONS AND CONFIRMATIONS -

Metropolitan Action Commission

Appointment of Dr. Awadh Binhazim to the Metropolitan Action Commission for a term expiring February 2, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Thomas Epperson to the Metropolitan Action Commission for a term expiring February 2, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Dr. Dale Farran to the Metropolitan Action Commission for a term expiring February 2, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Linda O’Neal to the Metropolitan Action Commission for a term expiring February 2, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Adinah Robertson to the Metropolitan Action Commission for a term expiring February 2, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Louisa Saratora to the Metropolitan Action Commission for a term expiring February 2, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Metropolitan Nashville Arts Commission

Reappointment of Ms. Barbara G. Chazen to the Metropolitan Nashville Arts Commission for a term expiring January 1, 2008. 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.

Appointment of Mr. Will Cheek III to the Metropolitan Nashville Arts Commission for a term expiring January 1, 2008. 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.

Appointment of Mrs. Edwina Hefner to the Metropolitan Nashville Arts Commission for a term expiring January 1, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Community Access Television Corporation Board

Appointment of Mr. Eric Butler to the Community Access Television Corporation Board for a term expiring October 10, 2004. 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.

Metropolitan Educational Access Corporation

Reappointment of Mr. Edward F. Jones to the Metropolitan Educational Access Corporation for a term expiring February 5, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Elliott Mitchell to the Metropolitan Educational Access Corporation for a term expiring February 5, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Tandy C. Rice, Jr. to the Metropolitan Educational Access Corporation for a term expiring February 5, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Electrical Examiners and Appeals Board

Reappointment of Mr. Craig Pruitt to the Electrical Examiners and Appeals Board for a term expiring February 2, 2008. Without objection, the confirmation was deferred.

Sports Authority

Reappointment of Mr. Arnett Bodenhamer to the Sports Authority for a term expiring February 17, 2010. 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. Donna Hilley to the Sports Authority for a term expiring February 17, 2010. Without objection, the confirmation was deferred.

Reappointment of Mr. Michael A. Hobbs to the Sports Authority for a term expiring February 17, 2010. 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 Mr. Kevin Lavender to the Sports Authority for a term expiring February 17, 2010. Without objection, the confirmation was deferred.

- CONSENT AGENDA RESOLUTIONS -

Without objection, resolution RS2004-196 was removed from the consent agenda.

RESOLUTION NO. RS2004-186

A resolution recognizing the memory of Peggy Weil Steine.

RESOLUTION NO. RS2004-187

A resolution recognizing JoAnn Washington on being named “Teacher of the Year” for 2004-2005 at Jere Baxter Middle School.

RESOLUTION NO. RS2004-188

A resolution recognizing the 2003-2004 Hillsboro Comprehensive High School “Burros” Football Team.

RESOLUTION NO. RS2004-189

A resolution commemorating the 50th anniversary of the landmark Supreme Court decision in Brown v. Board of Education.

RESOLUTION NO. RS2004-190

A resolution recognizing March 8-12, 2004, as Reading Recovery Week in Metropolitan Public Schools.

RESOLUTION NO. RS2004-191

A resolution recognizing March 2, 2004, as “Read Across America Day” in Nashville.

RESOLUTION NO. RS2004-192

A resolution recognizing the Tennessee State Museum on the recent accreditation from the American Association of Museums.

RESOLUTION NO. RS2004-193

A resolution recognizing Caterpillar Financial Services Corporation upon receiving the 2003 Malcolm Baldrige National Quality Award.

RESOLUTION NO. RS2004-194

A resolution recognizing Senate Majority Leader Bill Frist, Congressman John Lewis, and the Faith and Politics Institute for their role in the Sixth Congressional Civil Rights Pilgrimage events in Nashville on February 15, 2004.

RESOLUTION NO. RS2004-195

A resolution recognizing former Tennessee Titan Frank Wycheck on his retirement from the National Football League.

RESOLUTION NO. RS2004-197

A resolution recognizing the Tennessee Titans.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0) .


- RESOLUTIONS -

RESOLUTION NO. RS2004-196

A resolution recognizing Tennessee Titan Steve McNair. The Rules-Confirmations-Public Elections Committee recommended deferment of the resolution. Mr. Wallace moved to defer the resolution indefinitely , which motion was seconded and adopted without objection.

RESOLUTION NO. RS2004-198

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee with an amendment. Ms. McClendon offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. McClendon moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); “Noes” (0) .


- BILLS ON PUBLIC HEARING -

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). The bill was disapproved by the Planning Commission. Mr. Adkins moved to defer the bill to the May public hearing, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2003-66 and BL2003-67 were considered together.

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). The bill was approved by the Planning Commission.

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). The bill was approved by the Planning Commission.

Mr. Tygard requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Tygard moved to pass the bills on second reading and refer them 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 May public hearing so that existing issues can be addressed with the developer, the bill being requested by Gary Batson, 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). The bill was approved by the Planning Commission. Mr. Alexander requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Alexander moved to pass the bill on second reading and defer the bill indefinitely, the bill being requested by MEC Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-121

An ordinance amending Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending Chapter 17.40 to increase the distances from the subject property for which written notice of proposed amendments to the zoning map are to be sent to property owners (2004Z-001T). The bill was approved by the Planning Commission. Mr. Adkins 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. Adkins 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. BL2004-138

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 RM15 district property at Highway 70 South (unnumbered), west of McCrory Lane, (7.71 acres), all of which is described herein (Proposal No. 2004Z-014G-06). The bill was approved by the Planning Commission. Mr. Tygard requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Tygard moved to pass the bill on second reading 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. BL2004-140

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 CS district property at 7201 Charlotte Pike, along I?40 West, (15.82 acres), all of which is described herein (Proposal No. 2004Z-009U-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. BL2004-141

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 CL district properties at 631 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), at the I-40 West ramp, (0.40 acres), all of which is described herein (Proposal No. 2004Z-006U-06). The bill was approved by the Planning Commission. Mr. Crafton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Crafton moved to pass the bill on second reading 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. BL2004-142

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 east margin of 8th Avenue South between Alloway Street and Argyle Avenue, classified CS, (.18 acres), 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. 2004P?003U-10). The bill was approved by the Planning Commission. Mr. Greer requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Greer moved to pass the bill on second reading 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. BL2004-143

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 property located at 1219, 1221, 1225 and 1231 Bessie Avenue on the south margin of Weakley Avenue (0.87 acres), all of which is described herein (Proposal No. 2003Z-145U-03). The bill was disapproved 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 defer it for one meeting, the bill being requested by R. C. Calligan, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-144

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 property at 1510 Lebanon Pike, approximately 220 feet east of Spence Lane, (1.77 acres), all of which is described herein (Proposal No. 2004Z-022U-14). The bill was approved by the Planning Commission. Mr. Loring requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Loring moved to pass the bill on second reading 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. BL2004-145

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 property at 1029 12th Avenue North and Meharry Boulevard (unnumbered), at the corner of 12th Avenue North and Meharry Boulevard, (0.13 acres), all of which is described herein (Proposal No. 2003Z-121U-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. BL2004-146

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 property at 1708 Jefferson Street, across from 17th Avenue North, (0.06 acres), all of which is described herein (Proposal No. 2004Z-002U-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. BL2004-147

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 CL district property located at 1400 14th Avenue North, abutting the east margin of 14th Avenue North and the I-40 West Ramp (0.10 acres), all of which is described herein (Proposal No. 2003Z-130U-08). The bill was disapproved by the Planning Commission. Mr. Wallace requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. Photographs were filed by the petitioner property owner, and a petition was filed in opposition to the bill. 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. BL2004-148

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 IG district to MUI district property at 823 3rd Avenue North, across from Criddle Street, (1.65 acres), all of which is described herein (Proposal No. 2004Z-007U-09). 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. BL2004-149

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 Stewarts Ferry Pike, 800 feet east of McCrory Road (1.68 acres), classified CL, the provisions of a Commercial Planned Unit Development District, to permit the development of a 10,500 square foot general office and a 7,700 square foot retail building to replace an undeveloped 10,500 square foot general office and a 3,300 square foot food service building (Proposal No. 71-86-P-14). The bill was approved by the Planning Commission. Mr. White 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. White 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.

Without objection Bill Nos. BL2004-150 and BL2004-151 were considered together.

BILL NO. BL2004-150

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 OG, OR20, RM40, and RM20 districts to ORI (3.27 acres), MUL (2.99 acres) and RM40 (30.51 acres) districts various properties located between 29th Avenue North and I-440 and between Fairmont Drive, Hillcrest Place, West End Circle and Parthenon Avenue, (36.77 total acres), all of which is described herein (Proposal No. 2004Z-025U-10). The bill was approved by the Planning Commission.

BILL NO. BL2004-151

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 various properties located between 29th Avenue North and I-440 and between Fairmont Drive, Hillcrest Place, West End Circle and Parthenon Avenue, (56.47 acres), the provisions of an Urban Design Overlay District, (Proposal No. 2004UD-001U-10). The bill was approved by the Planning Commission.

Mr. Whitmore requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Whitmore moved to pass the bills on second reading and refer them to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-152

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 properties at 305, 309, and 315 Old Lebanon Dirt Road, at the intersection of Old Lebanon Dirt Road and Old Hickory Boulevard, (4.25 acres), all of which is described herein (Proposal No. 2003Z-032G-14). The bill was approved by the Planning Commission. Mr. Gotto requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Gotto, on behalf of the sponsor, moved to defer the bill, the bill being requested by Jeff Browning, Mid-South Land Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-153

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 R8 district a portion of property located at 618 Vernon Avenue, approximately 140 feet south of Nashua Avenue (0.26 acres), all of which is described herein (Proposal No. 2003Z?141U?07). The bill was approved by the Planning Commission. Mr. Walls 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. Walls moved to defer bill indefinitely, the bill being requested by Mr. Franklin Mitchell, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-154 and BL2004-155 were considered together.

BILL NO. BL2004-154

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 MUL (0.36 acres) and R8 (0.41 acres) districts properties located at 2517 Edge-O-Lake Drive, Edge-O-Lake Drive (unnumbered), and 2521 Edge-O-Lake Drive, approximately 250 feet east of Murfreesboro Pike (0.77 acres total), all of which is described herein (Proposal No. 2004Z-017U-13). The bill was disapproved by the Planning Commission.

BILL NO. BL2004-155

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 RS3.75 district to MUL district a portion of property located at 2526 Murfreesboro Pike, approximately 735 feet south of Edge-O-Lake Drive (0.67 acres), all of which is described herein (Proposal No. 2004Z-018U-13). The bill was disapproved by the Planning Commission.

Ms. Wilhoite requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and a citizen was heard in favor of passage of the bills. The President declared the public hearing closed. Ms. Wilhoite moved to pass the bills on second reading and defer them for one meeting, the bills being requested by Mark Marshall, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-156

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.04.060 Definitions by adding a definition for Recycling Facility, by amending Section 17.08.030 and Section 17.16.110 by designating zone districts where a Recycling Facility shall be permitted and establishing conditions for such a facility when permitted by conditions, all of which is more particularly described herein (Proposal No. 2004Z-001T). The bill was approved by the Planning Commission. Mr. Briley 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. Briley 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.

Without objection Bill Nos. BL2004-160 and BL2004-161 were considered together.

BILL NO. BL2004-160

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 RS7.5 to RM6 (25.86 acres) and MUL (1.61 acres) districts properties at Chadfield Way (unnumbered), Una Antioch Pike (unnumbered), and Bowfield Drive (unnumbered), (27.47 acres), all of which is described herein (Proposal No. 2004Z-010U-13). The bill was approved by the Planning Commission.

BILL NO. BL2004-161

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 Una-Antioch Pike, opposite Hickory Hollow Parkway, (27.4 acres), classified RS7.5 and proposed for RM6 and MUL, the provisions of a Planned Unit Development District, to permit the development of 139 townhomes, 16 single-family lots, and 14,000 square feet of commercial uses (Proposal No. 2004P?004U?13). The bill was approved by the Planning Commission.

Mr. Alexander requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and citizens were heard in opposition to passage of the bills. The President declared the public hearing closed. Mr. Alexander moved to defer the bills indefinitely, the bill being requested by CPS Land LLC and Civil Site Design Group, respectively, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-162 and BL2004-163 were considered together.

BILL NO. BL2004-162

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 RM20 district property located at Fairfax Avenue (unnumbered), and 2401 Fairfax Avenue at the southwest corner of Fairfax Avenue and 24th Avenue, (0.64 acres), all of which is described herein (Proposal No. 2004Z-019U-10). The bill was disapproved by the Planning Commission.

BILL NO. BL2004-163

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 to an existing undeveloped Planned Unit Development located abutting the southwest margin of Fairfax Avenue and 24th Avenue South, classified R8 and proposed for RM20, (0.64 acres), to permit the development of 10 townhouse units, approved for 7 townhouse units, all of which is more particularly described herein, (Proposal No. 286-84-U-10). The bill was disapproved by the Planning Commission.

Mr. Shulman requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and citizens were heard in favor of and in opposition to passage of the bills. The President declared the public hearing closed. Mr. Shulman moved to defer the bills indefinitely so that various issues could be addressed, including possible zoning text amendments, the bill being requested by The Hamilton Company LLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-164

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 IWD district properties at 431 Wingrove Street, east of Byrum Avenue, (2.03 acres), all of which is described herein (Proposal No. 2004Z-015U-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 citizens were heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Greer moved to defer the bill indefinitely, the bill being requested by Reba Bowers and Robert Moore, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-165 and BL2004-166 were considered together.

BILL NO. BL2004-165

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 R80 district to RS20 district a portion of property at 7515 Old Charlotte Pike, across from Gower Road, (31.3 acres), all of which is described herein (Proposal No. 2004Z-008G-06). The bill was approved by the Planning Commission.

BILL NO. BL2004-166

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 Charlotte Pike, opposite Gower Road, (31.3 acres), classified R80 and proposed for RS20, the provisions of a Planned Unit Development District, to permit the development of 49 single-family lots, (Proposal No. 2004P-002G-06). The bill was approved by the Planning Commission.

Mr. Crafton requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and citizens were heard in favor of and in opposition to passage of the bills. The President declared the public hearing closed. Mr. Crafton moved to pass the bills on second reading and refer them to the Planning, Zoning, and Historical Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-167

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 properties located at 1089 and 1091 Barnes Road, approximately 1,600 feet east of Barnes Cove Court (5.28 acres), all of which is described herein (Proposal No. 2003Z-143G-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. BL2004-168

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 (2.23 acres) and RS3.75 (1.00 acres) districts property at 2530 Murfreesboro Pike, approximately 800 feet south of Edge?O?Lake Drive (3.23 acres total), all of which is described herein (Proposal No. 2004Z?005U?13). Ms. Wilhoite moved to withdraw the bill, the bill being requested by Mark Marshall Developments, which motion was seconded and adopted by a voice vote of the Council.


- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-173

An ordinance amending Section 7.16.120 of the Metropolitan Code by changing residency requirements and stock ownership requirements for applicants for a certificate of compliance for a retail liquor license issued by the state alcoholic beverage commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.

BILL NO. BL2004-174

An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government for use in connection with development of the Richland Creek Greenway (Proposal No. 2004M-011U-07). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-175

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.16.400, 16.20.250, 16.24.650, 16.28.110 and 16.28.120 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, and examination of plans as well as administrative fees and other fees charged by the Department of Codes Administration. Mr. Wallace objected to passage of the bill on first reading. Pursuant to Rule 12 of the Temporary Rules of Procedure of the Metropolitan Council, the bill was deferred.

BILL NO. BL2004-176

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 portion of 50th Avenue North between Tennessee Avenue and Kentucky Avenue, approximately 322 feet in length (Proposal No. 2003M-065U-07). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.