Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, September 6, 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 Councilmember Brenda Gilmore.

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: Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (38); Absent: Dozier, Crafton (2).

The Minutes of the meeting of August 16, 2005, were approved.

- ELECTIONS AND CONFIRMATIONS -

President Pro Tempore
The President called for nominations for President Pro Tempore of the Metropolitan Council for a one-year term expiring August 31, 2006. Mr. Alexander nominated Mr. Kerstetter, which motion was seconded. Ms. Neighbors nominated Mr. Ryman, which motion was seconded. There being no further nominations, the President declared the nominations closed. The vote was taken and announced as follows: Kerstetter: Hart, Gotto, Burch, White, Greer, Wallace, Walls, Whitson, Summers, Shulman, Foster, Alexander, Kerstetter, Toler, Coleman, Williams, Tygard (17); Ryman: Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Loring, Hausser, Whitmore, Adkins, Wilhoite, Bradley (19). The President declared the election of Mr. Ryman as President Pro Tempore for a one-year term ending August 31, 2006.

Planning, Zoning and Historical Committee Chair
The President called for nominations to elect a chair of the Planning, Zoning and Historical Committee for a two-year term expiring August 31, 2007. Mr. Brown nominated Mr. Loring for the position. There being no further nominations, the President declared the nominations closed. Ms. Tucker moved to elect Mr. Loring by acclamation as chair of the Planning, Zoning and Historical Committee, which motion was seconded and adopted by a unanimous vote of the Council.

Traffic and Parking Committee Chair
The President called for nominations to elect a chair of the Traffic and Parking Committee for a two-year term expiring August 31, 2007. Mr. Gotto nominated Mr. White for the position. There being no further nominations, the President declared the nominations closed. Mr. Loring moved to elect Mr. White by acclamation as chair of the Traffic and Parking Committee, which motion was seconded and adopted by a unanimous vote of the Council.

Audit Committee
The names of Mr. Bradley and Mr. Craddock were submitted as nominees to the Audit Committee for one-year terms expiring August 31, 2006. There being no further nominations, the President declared the nominations closed. Mr. Loring moved to elect Messrs. Bradley and Craddock by acclamation to the Audit Committee for one year terms, which motion was seconded and adopted by a unanimous vote of the Council.

Agricultural Extension Board
Reappointment of Mr. Carol McCasland Edwards for a term expiring July 5, 2010. At the request of the appointee, the nomination was withdrawn.

Reappointment of Mr. William Strasser for a term expiring August 1, 2008. 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.

Community Corrections Advisory Board
Reappointment of Mr. Don Aaron for a term expiring July 30, 2007. 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.

Reappointment of Mr. David Collins for a term expiring September 1, 2007, the nomination being submitted pursuant to state law by Trial Courts Presiding Judge Thomas Brothers. 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.

Convention Center Commission
Appointment of Ms. Donna Eskind for a term expiring June 7, 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.

Reappointment of Ms. Irwin Fisher for a term expiring June 7, 2008. 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.

Farmers Market Board
Reappointment of Mr. Warren Jasper for a term expiring July 5, 2010. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and failed by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Murray, Jameson, Cole, Forkum, McClendon, Greer, Hausser, Walls, Whitmore, Shulman, Adkins, Foster, Toler, Coleman, Bradley (20); "Noes" Craddock, Hart, Ryman, Brown, Gotto, Burch, White, Whitson (8); "Abstaining" Loring, Alexander, Wilhoite, Kerstetter, Williams, Tygard (6).

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2005-892

A resolution recognizing Greg Rodriguez, founder of the Tennessee Hispanic Chamber of Commerce.

RESOLUTION NO. RS2005-941

A resolution recognizing Carl L. Brown, Sr., for his service to the community.

RESOLUTION NO. RS2005-942

A resolution recognizing and congratulating Tonya Jones on being named 2005 Tennessee Small-Business Champion.

RESOLUTION NO. RS2005-943

A resolution recognizing Matthew Kennedy for musical excellence.

RESOLUTION NO. RS2005-944

A resolution recognizing Kwadjo Tillman.

RESOLUTION NO. RS2005-945

A resolution recognizing Michael Christman, Patrick Dailey, Charlie Dowdy, and Christopher Waters.

RESOLUTION NO. RS2005-946

A resolution recognizing and honoring the members of the First Baptist Church Joelton celebrating 90 years
of ministry.

RESOLUTION NO. RS2005-947

A resolution recognizing the Davidson County Sheriff's Office Correctional Services program.

RESOLUTION NO. RS2005-948

A resolution recognizing the 2005 Tennessee State Fair on celebrating the 100th Fair.

RESOLUTION NO. RS2005-949

A resolution recognizing Watkins College of Art & Design for its commitment to the Metro Center area.

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" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

- RESOLUTION -

RESOLUTION NO. RS2005-950

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 moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

- BILLS ON PUBLIC HEARING -

Without objection Bill Nos. BL2005-609 and BL2005-692 were considered together.

BILL NO. BL2005-609

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 OL district property at 36 Hart Street and Hart Street (unnumbered), (0.28 acres), all of which is described herein (Proposal No. 2005Z-038U-11). The bill was approved by the Planning Commission.

BILL NO. BL2005-692

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 Hart Street (unnumbered), and 36, 38 and 40 Hart Street (0.56 acres), to permit a parking lot, all of which is described here in (Proposal No. 2005P-014U-11). The bill was approved by the Planning Commission.

Mr. Greer moved to withdraw the bills, the bills being requested by Morningstar Missionary Baptist Church, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-648

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to permit signs with graphics or electronic displays along a four-lane or controlled access highway, all of which is more specifically described herein (Proposal No. 2005Z-056T). At the request of the sponsor, Mr. Ryman moved to defer the bill to the November public hearing and to re-refer the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-712

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.12.020C Mixed Use and Nonresidential Districts to modify impervious surface ratio and building height standards within selected mixed-use and adopted Redevelopment Districts and by amending Section 17.24.190 to modify buffer yard standards along public alleys (2005Z-105T). 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.

SUBSTITUTE BILL NO. BL2005-713

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending section 17.40.060 to prohibit the acceptance of a zoning application if the Metropolitan Government has a lien on the property or if the property owner is delinquent in the payment of property taxes (Proposal No. 2005Z-107T). 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. BL2005-726

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.280 to require rural bed and breakfast homestays, day care centers and day care homes to be approved by a resolution adopted by the Metropolitan Council prior to the public hearing by the Board of Zoning Appeals, all of which is more specifically described herein (Proposal No. 2005Z-093T). The bill was disapproved by the Planning Commission. Mr. Gotto requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Gotto moved to defer the bill indefinitely so that interested parties could be brought together to address remaining issues, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2005-740 and BL2005-741 were considered together.

BILL NO. BL2005-740

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 SCN to CL district property located at 5843 Nolensville Pike, approximately 1200 feet south of Swiss Avenue (1.08 acres), all of which is described herein (Proposal No. 2005Z-015U-12). The bill was approved by the Planning Commission.

BILL NO. BL2005-741

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Residential and Commercial Planned Unit Development district located at 5843 Nolensville Pike, approximately 1200 feet south of Swiss Avenue, to permit a 10,200 square foot, 2-story, retail and office building, replacing a 2,800 square foot food service use, all of which is more particularly described herein (Proposal No. 78-86-P-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. BL2005-742

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to RS40 district various properties along both sides of Graybar Lane between Benham Avenue and Granny White Pike (60.88 acres), all of which is described herein (Proposal No. 2005Z-118U-10). The bill was approved by the Planning Commission. Mr. Shulman requested a hearing from the public on the 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 and adopted by a voice vote of the Council.

BILL NO. BL2005-743

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to RS20 district property located at 1809 Graybar Lane (1.02 acres), located at the southeast corner of Graybar Lane and Benham Avenue, all of which is described herein (Proposal No. 2005Z-104U-10). The bill was approved by the Planning Commission. Mr. Shulman requested a hearing from the public on the 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 defer the bill on second reading so that a meeting can occur to address remaining issues, the bill being requested by Dr. Jian Huang, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-744

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 to MUI district property located at 712 4th Avenue North (0.18 acres), all of which is described herein (Proposal No. 2005Z-078U-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, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2005-745 and BL2005-746 were considered together.

BILL NO. BL2005-745

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 properties located at 7751, 8042, 8050, and 8100 Highway 100, and 7821, 7749, and 7751 Old Harding Pike (10.57 acres), all of which is described herein (Proposal No. 2004Z-116G-06). The bill was approved by the Planning Commission.

BILL NO. BL2005-746

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 7751, 8042, 8050, and 8100 Highway 100, and 7821, 7749, and 7751 Old Harding Pike, to permit a 3000 square foot bank, two restaurants totaling 9,300 square feet, 34,500 square feet of retail and 12,000 square feet of office space, all of which is described herein (Proposal No. 2005P-017G-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. BL2005-749

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 and R20 to RS15 and RS20 district various properties along both sides of Kirtland Avenue, Farrar Avenue, Hood Avenue, and Castleman Drive between Hillsboro Pike and Lone Oak Road (55.58 acres), all of which is described herein (Proposal No. 2005Z-119U-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 and adopted by a voice vote of the Council.

BILL NO. BL2005-750

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 to RS7.5 district property located at 4211-A Farrar Avenue (.45 acres), all of which is described herein (Proposal No. 2005Z-112U-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 bill. The President declared the public hearing closed. Mr. Shulman 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. BL2005-751and BL2005-752 were considered together.

BILL NO. BL2005-751

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 located at 3681 Hamilton Church Road, east of Hobson Pike (17.37 acres), all of which is described herein (Proposal No. 2005Z-070G-13). The bill was approved by the Planning Commission.

BILL NO. BL2005-752

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 3681 Hamilton Church Road, east of Hobson Pike (17.37 acres), to permit 46 single-family lots, all of which is described herein (Proposal No. 2005P-016G-13). The bill was approved by the Planning Commission.

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

BILL NO. BL2005-753

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 RS40 district property located at 13877 Old Hickory Boulevard, located along the southern margin of Old Hickory Boulevard at the intersection of Legacy Drive (4.88 acres), all of which is described herein (Proposal No. 2005Z-018G-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. BL2005-754

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 properties located at McCrory Lane (unnumbered), on the east margin of McCrory Lane, approximately 800 feet north of Newsom Station Road (43.70 acres), all of which is described herein (Proposal No. 2005Z-101G-06). The bill was disapproved 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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-755

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 RM20 district property located at 1396 Rural Hill Road, approximately 1,000 feet north of Mt. View Road (4.71 acres), all of which is described herein (Proposal No. 2005Z-085U-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. BL2005-756

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 RS20 district property located at 8779 McCrory Lane and McCrory Lane (unnumbered) (58.38 acres), all of which is described herein (Proposal No. 2005Z-103G-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 a citizen was heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-757

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 to amend a portion of the Commercial Planned Unit Development district located at 4319 Sidco Drive along the west side of Sidco Drive, north of Harding Place, and along the west side of Interstate 65, to permit a 8,656 square foot addition to the existing 8,837 square foot retail use (1.33 acres), all of which is described herein (Proposal No. 155-79-U-11). The bill was approved by the Planning Commission. Ms. McClendon requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-758

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 IWD district property located at Old Hickory Boulevard (unnumbered), approximately 2,300 feet north of I-24 West (64.23 acres), all of which is described herein (Proposal No. 2005Z-082G-13). The bill was approved by the Planning Commission. Mr. Coleman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-759

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 zoning at 900, 902, 906, 908, 916 and 1002 Tower Place (3.03 acres), all of which is described herein (Proposal No. 2005Z-109U-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 moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-760

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 property located at 4031, 4036, 4043, 4101, 4102, 4105, 4106, and 4108 Lealand Lane (6.19) acres, all of which is described herein (Proposal No. 2005Z-108U-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 moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-761

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, The Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, relative to the placement and design of two-family dwelling units, all of which is more particularly described herein (Proposal No 2004Z-020T). The bill was approved by the Planning Commission. Mr. Loring requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Loring moved to pass the bill on second reading and defer it to the first meeting in October, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-762

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by adding a new zoning district called "Specific Plan" (SP), all of which is more particularly described herein (Proposal No. 2005Z-073T). 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. BL2005-763

An ordinance amending Title 2 and Title 17 of the Metropolitan Code of Laws by amending Sections 2.104.040, 17.24.020, 17.24.030, 17.24.050, 17.24.080, 17.24.100, 17.24.150, 17.24.160, 17.24.210, 17.24.220, 17.24.230, 17.24.240 and 17.24.250 relating to tree topping and landscaping, buffering, and tree replacement, all of which is more particularly described herein (Proposal No. 2005Z-122T). Mr. Loring requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Murray, Jameson, Cole, Ryman, Brown, Loring, McClendon, Walls, Whitson, Summers, Shulman, Adkins, Wilhoite, Williams (16); "Noes" Dread, Isabel, Craddock, Forkum, Gotto, Burch, White, Greer, Wallace, Whitmore, Foster, Toler, Bradley, Tygard (14); "Abstaining" Gilmore, Kerstetter, Coleman (3).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2005-776

An ordinance amending Section 2.04.080 of the Metropolitan Code of Laws to prohibit Members of the Metropolitan Council from accepting gratuitous meals from organizations and agencies. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2005-777

An ordinance amending Section 5.04.070 of the Metropolitan Code of Laws to require nonprofit organizations seeking grant funding from the Metropolitan Government to make their request not later than April 15th, and to restrict the amount of any grant made by the Metropolitan Government to a nonprofit organization based on the organization's total operating budget. Upon motion 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. BL2005-778

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Temple Road, between Marler Road and Templegate Drive, as "Claxton Court" (Proposal No. 2005M-105G-06). The bill was approved by the Planning Commission and Emergency Communications District Board. 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.

BILL NO. BL2005-779

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning an approximately 19-foot wide section of Garfield Street right-of-way extending from 8th Avenue North to Nassau Street (Proposal No. 2005M-111U-08). The bill was approved by Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-780

An ordinance to amend the Geographical Information Systems Map for The Metropolitan Government of Nashville and Davidson County, by naming the private drive in the Noel Cove Development, Noel Cove Circle (Proposal No. 2005M-110G-14). The bill was approved by Planning Commission and Emergency Communications District Board. 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.

BILL NO. BL2005-781

An ordinance authorizing Christ Church Cathedral located at 900 Broadway to construct, install, and maintain two light poles in the sidewalk at the curb to improve visibility (Proposal No. 2005M-143U-09). The bill was approved by 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. BL2005-782

An ordinance authorizing the Metropolitan Government to participate with Cates-Kottas Development to provide public sewer service in Williamson County to Bennington Subdivision, Phase One, Project No. 04-SL-85B. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2005-783

An ordinance authorizing the Metropolitan Government to participate with Waggoner Development, LLC to provide public sewer service in Williamson County to Galestone Subdivision, Phase One-E, Project No. 04-SL-85A. The bill was approved by Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2005-784

An ordinance approving and authorizing the Mayor to execute a contract with the State of Tennessee Department of Transportation regarding the installation and maintenance of one or more traffic signals at SR-6 (US 31E, Ellington Parkway) southbound off-ramp at Cleveland Street. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Traffic and Parking Committees by a voice vote of the Council with Mr. Adkins "Abstaining."

BILL NO. BL2005-785

An ordinance approving and authorizing the Mayor to execute a contract with the State Department of Transportation for replacement of the bridge on Westlawn Drive over Branch (LM 0.41) in accordance with Federal Project No. BRZE-9312(68), and providing for approval of future related agreements by Resolution of Council. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council with Mr. Adkins "Abstaining."

BILL NO. BL2005-786

An ordinance approving and authorizing the Mayor to execute a contract with the State Department of Transportation for replacement of the bridge on Battery Lane over Brown's Creek (LM 4.31) in accordance with Federal Project No. BRZE-9312(69), and providing for approval of future related agreements by Resolution of Council. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council with Mr. Adkins "Abstaining."

BILL NO. BL2005-787

An ordinance approving and authorizing the Mayor to execute a contract with CSX Transportation Inc. and the State of Tennessee regarding the Demonbreun Street Bridge project, and providing for approval of future contracts by Resolution of Council. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council with Mr. Adkins "Abstaining."

BILL NO. BL2005-788

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before May 17, 2005. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

A quorum call was made and the following persons were present at the conclusion of Announcements and Extraordinary Matters: Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (26).

There being no quorum present for the conduct of additional business, the meeting was adjourned.