Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, January 4, 2005


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

The invocation was offered by Councilman Foster.

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

The Minutes of the meeting of December 21, 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, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (39); Absent: McClendon (1).

ELECTIONS AND CONFIRMATIONS

Employee Benefit Board
Appointment of Mr. Charles A. Trost for a term expiring June 30, 2006, Mr. Trost will fill the unexpired term of Mr. Albert Berry. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a voice vote of the Council with Mr. Foster "Abstaining."

Municipal Solid Waste Region Board
Reappointment of Dr. Decatur Rogers for a term expiring December 15, 2010. At the request of the appointee, the nomination was deferred.

Reappointment of Mr. David Wilson for a term expiring December 15, 2010. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Traffic and Parking Commission
Appointment of Mr. Michael Mitchell for a term expiring April 3, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

CONSENT AGENDA RESOLUTIONS

RESOLUTION NO. RS2005-656

A resolution recognizing Governor Phil Bredesen for creating the Governor's Interagency Council on Homelessness to address the issue of homelessness in Tennessee.

RESOLUTION NO. RS2005-657

A resolution recognizing Teresa Evetts Horton upon her retirement with the Metropolitan Government.

RESOLUTION NO. RS2005-658

A resolution recognizing Joe and Joy West for their recycling efforts for the Joelton community.

RESOLUTION NO. RS2005-659

A resolution recognizing Metro Police Officers Angela Page and Torian Cox on being awarded the Judge John L. Draper Joint Nashville Police Odd Fellow Award.

RESOLUTION NO. RS2005-660

A resolution recognizing the Metropolitan Nashville Airport Authority Board of Commissioners, The Arts at the Airport Foundation Board and the management and staff of the Nashville International Airport.

RESOLUTION NO. RS2005-661

A resolution recognizing the John F. Kennedy Middle School football team.

RESOLUTION NO. RS2005-662

A resolution recognizing Stratford High School.

RESOLUTION NO. RS2005-663

A resolution recognizing the 2004 Donelson Christian Academy "Wildcats" football team.

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

RESOLUTIONS

RESOLUTION NO. RS2005-664

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

Without objection, the rules were suspended to accept one (1) late resolution.

RESOLUTION NO. RS2005-665

A resolution requesting Metro Water Services and Nashville Electric Service to include an insert in the next billing for services providing information to customers about sending contributions to the Nashville Area Red Cross, Tennessee Baptist Disaster Relief, the Hindu Cultural Center of Tennessee, and the Sri Ganesha Temple for the tsunami relief effort. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

BILLS ON PUBLIC HEARING

Without objection the rules were suspended for consideration of Bill Nos. BL2004-469 and BL2004-470 at this time.

SUBSTITUTE BILL NO. BL2004-469

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from SCR, AR2a, CN to CL district properties at Old Nolensville Road (unnumbered), 270 Cedarview Drive, 5816 Nolensville Pike #101, 5808 Old Nolensville Pike, Nolensville Pike (unnumbered), 5830 Nolensville Pike, 5840 Nolensville Pike, and 5810 Nolensville Pike, (54.74 acres), all of which is described herein (Proposal No. 2004Z-123U-12). Mr. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-470

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of an existing, partially-completed, Commercial Planned Unit Development district located at Old Nolensville Road (unnumbered), 5808 Old Nolensville Road, 5810 Nolensville Pike and 5816 Nolensville Pike #101, along the east side of Nolensville Pike and directly across from Swiss Avenue (16 acres), all of which is described herein (Proposal No. 15-85-P-12).

The bills were 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 bill, and citizens were heard in favor of and in opposition to passage of the bills. The President declared the public hearing closed. Mr. Toler moved to pass the bills 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. BL2004-224

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 indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-393

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 to MUL district property at 4200 Hillsboro Pike at the southeast corner of Overhill Drive and Hillsboro Pike, (0.43 acres), all of which is described herein (Proposal No. 2004Z-117U-10). The bill was disapproved by the Planning Commission. Mr. Shulman moved to withdraw the bill, the bill being requested by Lineberry Properties, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-431

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that district councilmembers be notified by the planning commission in writing of all requests for modification to planned unit developments prior to the approval of such modifications (Proposal No. 2004Z-023T). 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Greer moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2004-432

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.04.060 to allow business schools to offer four-year degrees and/or graduate degrees (Proposal No. 2004Z-024T). The bill was approved by the Planning Commission. Mr. Loring requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-459

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 to RM15 district property at 1021 9th Avenue N. along the south margin of Phillips Street, (0.20 acres), all of which is described herein (Proposal No. 2004Z-135U-09). 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. The President declared the public hearing closed. Mr. Wallace moved to pass the bill on second reading, which motion was seconded. After discussion, Mr. Isabel 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. BL2004-460

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to MUL district properties located at 1703, 1705, 1709, 1711, 1713, 1715, 1717, and 1719 8th Avenue North and 1702, 1704, and 1706 Nassau Street, (1.8 acres), all of which is described herein (Proposal No. 2004Z-162U-08). The bill was approved by the Planning Commission. Mr. Wallace requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-462

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 MUG district properties at 106 28th Ave. S., 2707, 2613, 2609, and 2611 West End Ave. east side of Natchez Trace, (5.92 acres), all of which is described herein (Proposal No. 2004Z-143U-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 no one came forward to be heard. The President declared the public hearing closed. Ms. Hausser moved to pass the bill on second reading and defer the bill to the first meeting in February, the bill being requested by Margaret L. Behm - Dodson, Parker & Behm, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-463

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development District located at 1900-A 12th Avenue South and 1831 12th Avenue South, at the northwest corner of 12th Avenue South and Acklen Avenue, to permit an existing restaurant an exemption from the minimum distance requirement included in the beer provisions of the Metro Code (0.80 acres), all of which is described herein (Proposal No. 2004P-001U-10). The bill was disapproved 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 moved to pass the bill on second reading and defer the bill indefinitely, which motion was seconded. After discussion, Mr. Ryman 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 failed by a voice vote of the Council.

BILL NO. BL2004-464

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 CS district property at Elm Hill Pike (unnumbered) (0.82 acres), all of which is described herein (Proposal No. 2004Z-147G-14). The bill was approved by the Planning Commission. Mr. Loring requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-465

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 RM9(1.54 acres) and RM20(1.55 acres) district properties at 2113 Cliff Drive and Cliff Drive (unnumbered), east of Clarksville Pike, (3.09 acres), all of which is described herein (Proposal No. 2004Z-146U-03). 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 citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-466

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 Artic Avenue (unnumbered) south side of W. Trinity Lane, (13.59 acres), all of which is described herein (Proposal No. 2004Z-136U-03). The bill was approved by the Planning Commission. Mr. Isabel requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-467 and BL2004-468 were considered together.

BILL NO. BL2004-467

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 to CL district property at 8400 Highway 100, along the west side of Westhaven Drive, (2.95 acres), all of which is described herein (Proposal No. 2004Z-153G-06). The bill was approved by the Planning Commission.

BILL NO. BL2004-468

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development District located at 8400 Highway 100, along the north side of Highway 100 and the west side of Westhaven Drive, to permit 2,550 square feet of new retail uses, a 10,000 square foot banquet hall with 142 parking spaces and 66 deferred spaces, a 2,304 square foot motel with 6 executive suites, and to include the 4,860 square foot existing restaurant and 3,072 square feet of existing retail uses (4.43 acres), all of which is described herein (Proposal No. 2004P-033G-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 bills, 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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-471

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, R6 to CS district a portion of property at 375 Glenrose Avenue east of Nolensville Pike (0.78 acres), all of which is more particularly described herein (Proposal No. 2004Z-128U-11). The bill was approved by the Planning Commission. Ms. Neighbors 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. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-472

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 Commercial Planned Unit Development located at 375 Glenrose Avenue, at Hester Avenue, (1.67 acres), to allow for a 7,200 square foot, 8 bay, automotive repair facility, replacing a 4-story, 32,800 square foot motel, all of which is more particularly described herein (Proposal No. 97P-005U-11). The bill was approved by the Planning Commission. Ms. Neighbors 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. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-473

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 provisions of an existing Commercial Planned Unit Development District located at 3410 Gallatin Pike at the southeast corner of the intersection of Gallatin Pike and Greenfield Avenue, to permit the addition of 21,229 square feet to the existing grocery store (5.37 acres), all of which is described herein (Proposal No. 64-85-P-05). The bill was approved by the Planning Commission. Mr. Hart 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. Hart moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-474

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 to RS10 district property at 6140 Mt. Pisgah Road, along the west side of Bryce Road (5 acres), all of which is described herein (Proposal No. 2004Z-132G-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. BL2004-475

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 property at 6125 Mt. Pisgah Road at the terminus of Bryce Road, (2.06 acres), all of which is described herein (Proposal No. 2004Z-137G-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. BL2004-476

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 MUL district properties at 2122 and 2130 Murfreesboro Pike, south of Franklin Limestone Road (7.46 acres), all of which is described herein (Proposal No. 2004Z-145U-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 no one came forward to be heard. The President declared the public hearing closed. Ms. Wilhoite moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-477

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 Lillian and Shelby Avenue, and between S. 18th Street and S. 20th Street, (13.42 acres), all of which is described herein (Proposal No. 2004Z-131U-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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-478

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 MUL district a portion of properties at 6815 and 6821 Nolensville Pike, along the south side of Concord Road, (4.48 acres), all of which is described herein (Proposal No. 2004Z-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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-479

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 OL district a portion of property at 5427 Edmondson Pike north of Derby Trace (1.8 acres), all of which is described herein (Proposal No. 2004Z-134U-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, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-480 and BL2004-481 were considered together.

BILL NO. BL2004-480

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to RM4 district property at 1501 Chadwell Drive, along the south side of Chadwell Drive east of Port Drive, (9.79 acres), all of which is described herein (Proposal No. 2004Z-149G-02). The bill was approved by the Planning Commission.

BILL NO. BL2004-481

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development District located at 1501 Chadwell Drive, along the south margin of Chadwell Drive, east of Port Drive (9.79 acres), to permit the development of 36 townhouses, all of which is described herein (Proposal No. 2004P-032G-02). The bill was approved by the Planning Commission.

Mr. Craddock 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. Craddock moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-482

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 properties at 5869, 5917, 5937, 5943 Pettus Road and Pettus Road (unnumbered) located 1,500 feet north of Old Hickory Boulevard, (59.15 acres), all of which is described herein (Proposal No. 2004Z-120G-12). The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-483

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 along New Natchez Trace, Sterling Road, Medial Avenue, and Timber Lane, (31.93 acres), all of which is described herein (Proposal No. 2004Z-130U-10). The bill was approved by the Planning Commission. Mr. Shulman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Shulman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Shulman moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2004-484 and BL2004-485 were considered together.

BILL NO. BL2004-484

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 (79.30 acres), R8 (21.32 acres), RM9 (11.08 acres) district property at Burkitt Road (unnumbered) along the south side of Burkitt Road and the east side of Nolensville Pike, (111.7 acres total), all of which is described herein (Proposal No. 2004Z-152G-12). The bill was approved by the Planning Commission.

BILL NO. BL2004-485

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development District located at Burkitt Road (unnumbered) on the south margin of Burkitt Road, approximately 1,000 feet east of Nolensville Pike, to permit 98 townhouse units, 52 duplex lots (104 units) and 243 single-family lots (111.70 acres), all of which is described herein (Proposal No. 2004P-035G-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. BL2004-486

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 to RS20 district various properties along Tower Place , Dale Avenue, Coral Road, Gray Oaks Drive, Lealand Lane, and General Bate Drive, (60.88 acres), all of which is described herein (Proposal No. 2004Z-141U-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. Isabel 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 the following vote: "Ayes" Briley, Craddock, Murray, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Bradley, Williams, (22); "Noes" Neighbors, Isabel, Hart, Wallace, Kerstetter, Tygard (6); "Abstaining" Dozier, Tucker, Dread, Gilmore, Greer, Hausser, Crafton, Alexander, Coleman (8).

BILL NO. BL2004-487

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 to RS10 district property at 4115 Lealand Lane south of Greerland Drive, (1.76 acres), all of which is described herein (Proposal No. 2004Z-140U-10). The bill was disapproved 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 bills. The President declared the public hearing closed. Mr. Shulman moved to defer the bill on second reading, the bill being requested by Scott Morgan and James Halloran, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2004-488

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Chapter 17.16 regarding the required driveway access for day care centers and day care homes (Proposal No. 2004Z-026T). Mr. Alexander moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-489

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.060 regarding applications to amend the Official Zoning Map (Proposal No. 2005Z-001T). Mr. Gotto moved to defer the bill to the March public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-490

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.36.260 regarding locational standards for adult entertainment establishments, all of which is more specifically described herein (Proposal No. 2004Z-025T). Mr. Foster moved to suspend Rule 20 requiring a Planning Commission referral prior to a public hearing and Mr. Ryman objected. The bill was deferred to the March public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-491

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.20.120 to clarify that fees in lieu of sidewalk construction are to be in addition to any funds appropriated by the Metropolitan Government as part of the comprehensive sidewalk program (Proposal No. 2005Z-003T). ). Ms. Neighbors moved to defer the bill to the March public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-492

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 encouraging adaptive reuse of commercial areas within the Urban Services District along arterial and collector streets shown on the Major Street Plan, all of which is more particularly described herein (Proposal No. 2003Z-002T). The bill was approved by the Planning Commission. Mr. Loring requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Loring offered Amendment No. 1 and moved for their adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring offered Amendment No. 2 and moved for their adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Loring moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-493

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 ORI to MUI district properties at 110 31st Avenue South and 3017 Hedrick Street, (0.84 acres), all of which is described herein (Proposal No. 2004Z-155U-10). Ms. 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Whitmore 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. BL2004-494

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to ON district property at 2874 Elm Hill Pike, approximately 350 feet north of Shauna Drive, (0.55 acres), all of which is described herein (Proposal No. 2004Z-093U-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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-495

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 RM9 district property at 6614 Nolensville Pike approximately 140 feet south of Autumn Oaks Drive, (7.7 acres), all of which is described herein (Proposal No. 2004Z-139G-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 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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-496

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development District located on a portion of property at 7121 Highway 70 S, abutting the south side of Highway 70 S, and the north side of Old Harding Pike, to permit a 3,125 square foot fast-food restaurant,(1.10 acres) all of which is described here in (Proposal No. 2004P-027G-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, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2005-505

An ordinance to amend the Metropolitan Code of Laws to prohibit high grass, weeds and debris. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2005-506

An ordinance amending Section 2.44.070 of the Metropolitan Code of Laws to enable meter maids to enforce the Code of Laws provision regarding the removal of dog excrement. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2005-507

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming John Hager Road as "John Hagar Road" (Proposal No. 2004M-019G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-508

An ordinance to amend Metropolitan Code of Laws Section 15.60.180(I) (3) relative to the ammonia surcharge. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2005-509

An ordinance authorizing the Metropolitan Government of Nashville and Davidson County to enter into a Lease Agreement with the Metropolitan Nashville Airport Authority (Proposal No. 2004M-105U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.