Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, July 6, 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 Councilmember J. B. Loring.

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

The Minutes of the adjourned meetings of June 24, 2004 and June 29, 2004, were approved.

The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, 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 (40); Absent: Isabel (1).

- ELECTIONS AND CONFIRMATIONS -

Convention Center Commission
Reappointment of Mr. Cyrus Booker to the Convention Center Commission for a term expiring June 7, 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.

Human Relations Commission
Appointment of Ms. Felicia Anchor for a term expiring April 18, 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.

Appointment of Mr. Moises Caballero for a term expiring April 18, 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.

Appointment of Mr. Nim Chinniah for a term expiring April 18, 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 Rev. Vernon (Sonnye) Dixon, Jr. for a term expiring April 18, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Mark Lopez for a term expiring April 18, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Ray Monroe for a term expiring April 18, 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.

Appointment of Ms. Jackie Page for a term expiring April 18, 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. Maria Salas for a term expiring April 18, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. McClendon moved for confirmation, which motion was seconded. Mr. Kerstetter moved to defer the appointment, which motion was seconded. After discussion Mr. Gotto called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to defer, which motion was adopted by the following vote: “Ayes” Dozier, Tucker, Dread, Gilmore, Craddock, Murray, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Coleman, Tygard (27); “Noes” Neighbors, Briley, Hughes, Jameson, Cole, Brown, McClendon, Greer, Whitmore, Bradley (10); “Abstaining” Toler, Williams (2).

Appointment of Rev. Kenneth Swanson for a term expiring April 18, 2007. At the request of the appointee, the confirmation was deferred.

Reappointment of Mr. Hershell Warren for a term expiring April 18, 2007. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Public Records Commission
Appointment of Councilman Chester Hughes for a term expiring August 31, 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.

Sports Authority
Appointment of Ms. Lauren Brisky for a term expiring December 19, 2005, filling the unexpired term of Mr. Dennis Bottoroff representing School District 8. At the request of the appointee the confirmation was deferred.


Transportation Licensing Commission
Appointment of Mr. Ray Dayal for a term expiring April 30, 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.

Appointment of Ms. Gladys Lozada for a term expiring April 30, 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.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2004-289

A resolution recognizing and congratulating Brandt Snedeker of Nashville on playing in the Masters Golf Tournament.

RESOLUTION NO. RS2004-373

A resolution recognizing those employees of Metropolitan Government of Nashville and Davidson County who are participating in the retirement incentive program. Mr. Ryman requested a suspension of the rules to speak on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-374

A resolution recognizing Major Samuel H. Sloss, Jr., on the occasion of his retirement from the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2004-375

A resolution recognizing Assistant Police Chief Richard Briggance on the occasion of his retirement from the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2004-376

A resolution recognizing Lieutenant Percy Smith, Jr., on the occasion of his retirement from the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2004-377

A resolution recognizing Jerry C. Fawcett upon his retirement from service with the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2004-378

A resolution recognizing and commending Judge Andrei Ellen Lee for her laudable service to the people of Tennessee.

RESOLUTION NO. RS2004-379

A resolution recognizing Jerry R. Pradines for his service to the community.

RESOLUTION NO. RS2004-380

A resolution recognizing Mr. and Mrs. Joe Vickers on the grand occasion of their Golden Wedding Anniversary.

RESOLUTION NO. RS2004-381

A resolution recognizing and congratulating Hillsboro High School teacher Mary Catherine Bradshaw on being named the 2004-2005 “High School Teacher of the Year” for Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2004-382

A resolution recognizing and congratulating West End Middle School principal Dr. Lora Hall on being named the 2004-2005 “Middle School Principal of the Year” for the Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2004-383

A resolution recognizing Barbara C. Murrell, the Director and Founder of the Realsports Leadership Academy.

RESOLUTION NO. RS2004-384

A resolution recognizing the members of the Donelson Senior Center upon winning first place in the 2004 Older American Month National Photography Contest. The Rules-Confirmations-Public Elections Committee recommended deferment. Mr. Loring moved for a suspension of the rules for consideration of the resolution on the consent agenda, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-385

A resolution recognizing Vulcan Materials Company as being named among Fortune Magazine’s “America’s Most Admired Companies”.

RESOLUTION NO. RS2004-386

A resolution to recognize and congratulate the Vanderbilt University Men’s Baseball Team on their outstanding 2004 season.

RESOLUTION NO. RS2004-387

A resolution recognizing the Tennessee Minority Supplier Development Council.

RESOLUTION NO. RS2004-388

A resolution recognizing Vanderbilt LifeFlight on their 20th anniversary of providing service to Nashville and the surrounding areas.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee, with the exception of Resolution RS2004-384 as stated. Mr. Bradley moved to adopt the resolutions, which motion was seconded and adopted by the following vote: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, 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 (39); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2004-389

A resolution approving the election of certain Notaries Public for Davidson County. Ms. McClendon moved to adopt the resolution which motion was seconded and adopted by the following vote: 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 (39); “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 indefinitely, 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 indefinitely while discussions continue 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. BL2004-139

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 a portion of property at 412 Brewer Drive, at the corner of Nolensville Pike and Brewer Drive, (0.55 acres), all of which is described herein (Proposal No. 2004Z?011U?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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Foster moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-224

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that all modifications to planned unit developments more than four years old be submitted to the Council for approval and to require that all planned unit developments in existence for more than eight years in which a permit has not been issued be submitted to the Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T). Mr. Summers moved to defer the bill to the September public hearing while the Planning Department staff modifies the language, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-232

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN to R6 district property at 915 40th Avenue North, south of Albion Street, (0.26 acres), all of which is described herein (Proposal No. 2004Z-035U-08). The bill was approved by the Planning Commission. Mr. Whitmore requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-233

An ordinance to amend Section 17.08.030 of the Metropolitan Code of Laws, the Zoning Ordinance, to allow religious institutions as a permitted use in all industrial zone districts, all of which is more particularly described herein (2004Z-003T). 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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-234

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 district, various parcels located along Treutlan, Berry, Grace, Hancock, Arrington, Wilburn, and Cleveland Streets, and between North 2nd Street and North 6th Street, (100.28 acres), all of which is described herein, (Proposal No. 2004Z-043U-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, which motion was seconded. After discussion the previous question was called, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-237

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.28.040 by limiting housing development in floodplains and floodways, all of which is more particularly described herein (Proposal No. 2004Z-009T). Mr. Brown moved to defer the bill to the September public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-243

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 Ordinance No. BL2000-476 by removing the application of the provisions of the Urban Zoning Overlay District to properties located within the 5th Council District (Proposal No. 2004Z-012T). The bill was disapproved by the Planning Commission. Ms. Murray moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-244

An ordinance amending Title 17 of the Metropolitan Code of Laws, Zoning Regulations, by amending Section 17.40.470 (Tree removal permit procedures) to require persons engaged in commercial tree service to obtain a tree removal permit and to require applicants for a tree removal permit to submit a plan for disposal. The bill was approved by the Planning Commission. Mr. Wallace requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-268 and BL2004-269 were considered together.

BILL NO. BL2004-268

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 MUL district property located at 4103 Hillsboro Circle, 332 feet north of Hobbs Road, (0.17 acres), all of which is described herein (Proposal No. 2004Z-023U-10). The bill was approved by the Planning Commission.

BILL NO. BL2004-269

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying a preliminary Planned Unit Development on property at 4103 Hillsboro Circle, abutting the west margin of Hillsboro Circle, 332 feet north of Hobbs Road, classified OR20 and proposed for MUL, (.17 acres), the provisions of a Planned Unit Development District, to permit all uses permitted in the MUL zoning district with the exceptions of restaurants or bars and night clubs (Proposal No. 2004P-005U-10). The bill was approved 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Shulman moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-270

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 to IR district property at Firestone Parkway (unnumbered), along the south side of Firestone Parkway and the west side of Gould Boulevard, all of which is described herein (Proposal No. 2004Z-080G-13). Mr. Coleman moved to defer the bill indefinitely, the bill being requested by DMH Contractors, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-271

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 to RS7.5 district properties located between 31st Avenue to Acklen Avenue, (36.31 acres), all of which is described herein (Proposal No. 2004Z?075U?10). The bill was approved by the Planning Commission. Ms. Hausser requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Hausser moved to pass the bill on second reading, which motion was seconded. After discussion Mr. Shulman called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-272

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 district at various properties within Council District 5, west of Dickerson Road and west of Gallatin Pike (260.75 acres), all of which is described herein (Proposal No. 2004Z-078U-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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-273

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 properties located at Route 1 Old Hickory Boulevard (unnumbered), north of Whittemore Lane and south of Legacy Drive (34.08 acres), all of which is described herein (Proposal No. 2004Z?045G-12). The bill was approved by the Planning Commission. The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-274

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 district various properties located between Warfield Drive and Temple Avenue and between Lone Oak Road and Belmont Park Terrace, (17.48 acres), all of which is described herein (Proposal No. 2004Z-027U-10). The bill was approved by the Planning Commission. Mr. Shulman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Shulman moved to pass the bill on second reading, which motion was seconded. After discussion Ms. Wilhoite called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-275

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS5 district, various parcels located along Treutlan, Berry, Grace, Hancock, Arrington, Wilburn, and Cleveland Streets, and between North 2nd Street and North 6th Street, (100.28 acres), all of which is described herein, (Proposal No. 2004Z-043U-05). Ms. Murray moved to withdraw the bill, the bill being a duplication of Bill No. BL2004-234, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-276

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RS10 district various properties located between Frances Avenue and Glenwood Avenue and between Parkview Circle and Hillcrest Avenue, (19.13 acres), all of which is described herein (Proposal No. 2004Z-026U-10). The bill was approved by the Planning Commission. Mr. Shulman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Shulman moved to pass the bill on second reading, which motion was seconded. After discussion Mr. Adkins called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-277

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Neighborhood Conservation Overlay District to various properties between Douglas and Sharpe Avenue, (25.19 acres), all of which is described herein (Proposal No. 2004Z-060U-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 a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-278 and BL2004-279 were considered together.

BILL NO. BL2004-278

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 property at 3200 Earhart Road, at the northwest corner of Earhart Road and John Hager Road, (117.92 acres), all of which is described herein (Proposal No. 2004Z-046G-14). The bill was approved by the Planning Commission.

BILL NO. BL2004-279

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 at 3200 Earhart Road, abutting the west side of Earhart Road and the north side of John Hager Road (117.92 acres), classified AR2a and proposed for R15, the provisions of a Planned Unit Development District, to permit the development of 192 single-family detached lots and 98 duplex lots (Proposal No. 2004P-009G-14). The bill was approved by the Planning Commission.

Mr. Dozier requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and no one came forward to be heard. The President declared the public hearing closed. Mr. Dozier moved to defer the bills on second reading while unresolved sidewalk and other issues are being addressed, the bills being requested by Lose & Associates and Frank C. Batson Homes, respectively, which motion was seconded and adopted by a voice vote of the Council with Mr. Gotto abstaining.

BILL NO. BL2004-280

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Historic Landmark Overlay District to the West End Middle School at 3529 West End Avenue (12.70 acres), Hume Fogg Magnet School at 700 Broadway (1.95 acres), Martin Luther King, Jr. Magnet School at 613-17th Avenue North (6.82 acres), and East Literature Magnet School at 112 Gallatin Avenue (24.92 acres), all of which is described herein (Proposal Nos. 2004Z-062U-10, 2004Z-071U-09, 2004Z?072U-08, and 2004Z-073U-05). The bill was approved by the Planning Commission. Mr. Wallace requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-281 and BL2004-282 were considered together.

BILL NO. BL2004-281

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 SCC (30.15 acres), RM9 (28.94 acres), and R15 (16.2 acres) districts property at 6682 Nolensville Pike, approximately 700 feet north of Pettus Road, (75.29 acres total), all of which is described herein (Proposal No. 2004Z-057G-12). The bill was approved by the Planning Commission.

BILL NO. BL2004-282

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 side of Nolensville Pike, opposite Concord Road (75.29 acres), the provisions of a Planned Unit Development District, to permit 45 single-family lots, 248 townhomes, and 236,851 square feet of retail, restaurant, and gas station uses, (Proposal No. 2004P-013G-12). The bill was approved by the Planning Commission.

Mr. Toler requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and no one came forward to be heard. The President declared the public hearing closed. Mr. Toler moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-283

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 property located at 4005 Dodson Chapel Road, north of Central Pike, along the east side of Dodson Chapel Road (0.50 acres), all of which is described herein (Proposal No. 2004Z?050G-14). The bill was disapproved 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 citizens were heard in favor of passage of the bill. Petitions were filed in support of the bill. The President declared the public hearing closed. Mr. White moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-284

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 to MUL district property at 230 West Trinity Lane, west of I-65 (8.26 acres), all of which is described herein (Proposal No. 2004Z-048U-03). The bill was approved by the Planning Commission. Ms. Gilmore, 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 a citizen in opposition to the bill was heard. The President declared the public hearing closed. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-285

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 RM9 district to AR2a district property at 625 Bell Road, approximately 600 feet west of Rice Road, (15.0 acres), all of which is described herein (Proposal No. 2004Z-064U-13). The bill was approved by the Planning Commission. Mr. Bradley 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. Bradley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-286

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 property at 5961 and 5975 Mt. Pisgah Road, abutting the southern terminus of Christiansted Lane (10.3 acres), all of which is described herein (Proposal No. 2002Z-085G-12). The bill was approved by the Planning Commission. Mr. Toler requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-287

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 portion of a Residential Planned Unit Development District approved for 130 multi-family units, located near the west side of Tulip Grove Road, north of Central Pike, classified RM15, (23.95 acres), all of which is described herein (Proposal No. 154-73-G-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 citizens were heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-288

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 adding a new land use “Public Facility” (2004Z-014T), all of which is more particularly described herein. The bill was approved by the Planning Commision. 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 defer the bill on second reading so that existing questions can be addressed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-289

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 Chapter 17.20 relative to the Provision of Sidewalks (Proposal No. 2004Z-015T), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Dread 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. Dread moved to pass the bill on second reading, which motion was seconded. After discussion Mr. Crafton called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. BL2004-290

An ordinance to amend Title 17, the Zoning Code, of the Metropolitan Code of Laws of the Metropolitan Government of Nashville and Davidson County, by amending Section 17.12.020 District Bulk Tables, Proposal No. 2004Z-013T, all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Ms. Hausser moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-291

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 at 203 North 11th Street, abutting the east margin of North 11th Street, 50 feet north of Forrest Avenue, classified MUL, (.20 acres), the provisions of a Planned Unit Development District, to permit an existing restaurant an exemption from the minimum distance requirement included in the beer provisions of the Metro Code (Proposal No. 2004P-008U-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 a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-292 and BL2004-293 were considered together.

BILL NO. BL2004-292

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to RM6 district property located at 2621 Airwood Drive, west of the terminus of Airwood Drive, south of Woodberry Drive (8.66 acres), all of which is described herein (Proposal No. 2004Z-070U-14). The bill was disapproved by the Planning Commission.

BILL NO. BL2004-293

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 preliminary plan for a portion of the Planned Unit Development located abutting the west margin of Hibbitts Road and the terminus of Airwood Drive, (8.66 acres), to permit the development of 42 townhouse units, replacing the undeveloped 98 townhouse units, all of which is more particularly described herein, (Proposal No. 148-83-U-14). The bill was disapproved by the Planning Commission.

Mr. Loring 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 citizens were heard in favor of and in opposition to passage of the bills. The President declared the public hearing closed. Mr. Loring moved to pass the bills on second reading and to defer the bills indefinitely, the bills being requested by McKinney Engineering, which motion was seconded. After discussion Ms. Wilhoite called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-298

An ordinance requiring the Department of Finance every three years to review all fees charged by the Metropolitan Government and to submit a report to the Metropolitan Council. Upon motion duly seconded duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2004-299

An ordinance approving a donation of equipment from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, Police Department, to be used for law enforcement and investigation purposes. Upon motion duly seconded duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2004-300

An ordinance changing the effective date of the fee increase applicable to traffic school and certain zoning applications. Upon motion duly seconded duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2004-301

An ordinance amending Section 13.24.130 of the Metropolitan Code of Laws to prohibit dogs within the area of Sevier Park. Mr. Greer moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-302

An ordinance amending Chapter 8.04 of the Metropolitan Code of Laws to require dog owners to cleanup and remove excrement left by their dogs on public or private property. Mr. Greer moved to pass the bill on second reading, which motion was seconded. Mr. Coleman moved to defer the bill, which motion was seconded. There being objection to passage of the bill on first reading, the bill was deferred pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council.

BILL NO. BL2004-303

An ordinance designating certain responsibility to the Metropolitan Department of Public Works regarding the signage of public and private streets and roads. Upon motion duly seconded duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2004-304

An ordinance approving a lease agreement (Planning Commission No. 2004M-058U-03) between the Metropolitan Government of Nashville and Davidson County and the Metropolitan Hospital Authority for Nashville and Davidson County, for certain real property located at 1010 Camilla Caldwell Lane, commonly known as the J.B. Knowles Home for the Aged, and authorizing the transfer of all functions, operations, and obligations of the Knowles Home to the Hospital Authority. Upon motion duly seconded duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning and Historical Committees by a voice vote of the Council with Mr. Whitson abstaining..

BILL NO. BL2004-305

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 district a portion of property at 1176 Stones River Road, west of the Central Pike and Lebanon Pike intersection, (91.63 acres), all of which is described herein (Proposal No. 2004Z-084G-14). Upon motion duly seconded duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.