Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, August 29, 2006


The Metropolitan Council met in regular session on this date at 6:00 p.m. in Metro City Hall.

The invocation was offered by Councilman Randy Foster.

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: Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard and President Gentry (34); Absent: Dozier, Neighbors, Loring, Hausser, Alexander (5).

The Minutes of the regular meeting of August 15, 2006, were approved.
Councilmember McClendon was acknowledged for her service on the Council, and her letter of resignation was made a part of the record.
August 28, 2006

Vice Mayor Howard Gentry
Metro City Hall
225 Polk Avenue
Nashville, Tennessee 37203

RE: Resignation from the Metropolitan Council

Dear Vice Mayor Gentry:

I offer this letter to you as formal notice of my resignation from the Eleventh Metro Council effective August 30, 2006. I write this letter with a sadness tempered with great anticipation for I shall fulfill a childhood dream when I am sworn in as a Circuit Court Judge on August 31, 2006.

I can say without any reservation that serving in the 10th and 11th Metro Councils has been the most expansive experience I have had to date in my life, and it has been a great honor to serve with so many who give to their communities so selflessly. And we have accomplished so much for the City in the past 7 years!

I shall miss my colleagues in the Metro Council. Each has opened my mind to new possibilities and thoughts on all manner of subjects. As a native Nashvillian I always prided myself on knowing my home well, but now that I have served with such a diverse group of elected representatives I realize that prior to my service in the Council I knew very little of Nashville and all of its residents.

And on a personal note, Mr. Vice Mayor, I want to thank you for the leadership appointments you have made possible during my service.

Once again, I thank you and each member of the Metro Council for your service to our community,

Most Sincerely,

/s/ Amanda McClendon
Circuit Judge-Elect, Division II

- ELECTIONS AND CONFIRMATIONS -

Pro Tempore
The President called for nominations for President Pro Tempore of the Metropolitan Council for a one-year term expiring August 31, 2007. Mr. Isabel nominated Mr. Wallace, which motion was seconded. Mr. Briley nominated Mr. Cole, which motion was seconded. There being no further nominations, the President declared the nominations closed. The vote was taken and announced as follows: Wallace: Dread, Isabel, Hunt, Craddock, Murray, Gotto, White, Wallace, Whitmore, Foster, Wilhoite, Coleman, Tygard (13); Cole: Briley, Jameson, Cole, Forkum, Ryman, Brown, McClendon, Walls, Evans, Summers, Shulman, Adkins, Toler, Williams (14). The President declared the election of Mr. Cole as President Pro Tempore for a one-year term ending August 31, 2007.

Auditorium Commission
Appointment of Ms. Aleah Armstrong for a term expiring June 30, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Marcela Gomez for a term expiring June 30, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Alfred Haislip for a term expiring June 30, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Ms. Adrienne Lippard for a term expiring June 30, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Convention Center Commission
Appointment of Mr. Ken Levitan for a term expiring June 7, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Educational Access Corporation
Appointment of Ms. May Dean Eberling for a term expiring February 5, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Employee Benefit Board
Appointment of Mr. Gary Dowdy for a term expiring June 30, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Historical Commission
Reappointment of Mr. George Cate, Jr., for a term expiring August 10, 2010. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Amelia Edwards for a term expiring August 10, 2010. Without objection, the nomination was deferred.

Appointment of Mr. Francis Guess for a term expiring August 10, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Robert Henderson II for a term expiring August 10, 2010. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Ms. Ann Roos for a term expiring August 10, 2010. Without objection, the nomination was deferred.

Historic Zoning Commission
Appointment of Mr. Brian Tibbs for a term expiring June 1, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Hospital Authority
Reappointment of Dr. Judson Randolph for a term expiring July 11, 2011. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Tourism & Convention Commission
Reappointment of Ms. Pam Martin for a term expiring Jun 30, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Zoning Appeals Board
Appointment of Mr. Charlie Williams for a term expiring February 26, 2011. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2006-1036

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 to MUG zoning properties at 2100 and 2104 Clifton Avenue, at the northwest corner of Clifton Avenue and 21st Avenue North (.63 acres), all of which is described herein (Proposal No. 2006Z-051U-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. BL2006-1083

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS5 to MUL district properties located at 103 and 105 West Trinity Lane, approximately 120 feet west of Dickerson Pike (.48 acres), all of which is described herein (Proposal No. 2006Z-046U-05). The bill was approved by the Planning Commission. Ms. Murray moved to defer the bill to the November public hearing due to insufficient notice, the bill being requested by Chris Dawson - Red River Investments, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1088

An ordinance amending Title 17 of the Metropolitan Code of Laws to clarify different park and recreation uses (Proposal No. 2006Z-096T). Mr. Tygard moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2006-1107 and BL2006-1108 were considered together.

BILL NO. BL2006-1107

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 to MUL zoning property located at 2002 Richard Jones Road, approximately 575 feet east of Hillsboro Pike (3.93 acres), all of which is described herein (Proposal No. 2006Z-090U-10). The bill was disapproved by the Planning Commission.

BILL NO. BL2006-1108

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 Planned Unit Development located at 2002 Richard Jones, all of which is more particularly described herein (Proposal No. 138-82-U-10). The bill was disapproved by the Planning Commission.

Mr. Shulman requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills and citizens were heard in favor of and in opposition to passage of the bills. The President declared the public hearing closed. Mr. Shulman moved to defer the bills on second reading, the bills being requested by Waters's Edge Limited Partnership, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1115

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 RM4 zoning property located at 7874 McCrory Lane, approximately 1,850 feet south of Highway 70 (36.2 acres), all of which is described herein (Proposal No. 2006Z-067G-06). The bill was approved by the Planning Commission. Mr. Tygard requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1116

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to prohibit certain temporary signs on Metropolitan Government property, all of which is more particularly described herein (Proposal No. 2006Z-127T). Mr. Tygard moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1121

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 located on various properties on Lynnwood Boulevard, Harpeth Hills Drive, Wayland Drive, Beacon Drive, Wayland Court and Hemingway Drive between Harding Place and Tyne Boulevard (131.56 acres), all of which is described herein (Proposal No. 2006Z-078U-10). The bill was approved by the Planning Commission. Ms. Williams requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Williams moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1122

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a and R10 to AG district property located at Airpark Drive (unnumbered), McGinnis Drive (unnumbered) and Shadow Lane (unnumbered), at the Cornelia Fort Airport (105.32 acres), all of which is described herein (Proposal No. 2006Z-048U-05). The bill was approved by the Planning Commission. Mr. Cole 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. Cole 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. BL2006-1133 and BL2006-1134 were considered together.

BILL NO. BL2006-1133

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 and RS10 to ON zoning property located at 129 and 131 McGavock Pike, northeast corner of McGavock Pike and Park Drive (0.75 acres), all of which is described herein (Proposal No. 2006Z-089U-14). The bill was disapproved by the Planning Commission.

BILL NO. BL2006-1134

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 zoning, property located at 207 and 209 McGavock Pike, approximately 325 feet south of Crossfield Drive (0.64 acres), all of which is described herein (Proposal No. 2006Z-088U-14). The bill was disapproved by the Planning Commission.

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

BILL NO. BL2006-1135

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 CL zoning property located at 1433 Antioch Pike, approximately 460 feet south of Ezell Road (.28 acres), all of which is described herein (Proposal No. 2006Z-085U-13). The bill was disapproved by the Planning Commission. Without objection the bill was deferred to the November public hearing due to insufficient notice, the bill being requested by Rahim and Shokria Ghafuri.

BILL NO. BL2006-1145

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 zoning various properties located on Castleman Drive, Trimble Road, Trimble Court, Lindawood Drive, Colewood Drive, Estes Road, La Vista Drive, Whitney Place Court, and Wallace Lane, north of Harding Place and west of Hillsboro Pike (101.39 acres), all of which is described herein (Proposal No. 2006Z-139U-10). The bill was approved by the Planning Commission. Ms. Williams requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Williams moved to pass the bill on second reading and defer the bill indefinitely to assure that the affected parties can receive all the information requested, which motion was seconded and adopted by a voice vote of the Council with Mr. Greer voting "No."

BILL NO. BL2006-1146

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 to ORI zoning property located at 1226, 1302 and 1304 16th Avenue South, located at the corner of Horton Avenue and 16th Avenue South (0.74 acres), all of which is described herein (Proposal No. 2006Z-138U-10). The bill was disapproved by the Planning Commission. Mr. Wallace requested a hearing from the public on the bill that has previously been 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 and adopted by a voice vote of the Council.

BILL NO. BL2006-1147

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 SP zoning, property located at 6419 Pettus Road, at the end of Autumn Crossing Way, to permit 61 single-family lots and 45 multi-family units (28.99 acres), all of which is described herein (Proposal No. 2006SP-112G-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 defer the bill on second reading, the bill being requested by Centex Homes, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1148

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 RS15 zoning property located at Earhart Road (unnumbered), approximately 2,000 feet north of John Hager Road (6.88 acres), all of which is described herein (Proposal No. 2006Z-106G-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 favor of and in opposition to passage of the bill. Petitions were filed 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 with Mr. Greer voting "No."

BILL NO. BL2006-1149

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 OR20 zoning a portion of property located at 410 Donelson Pike, at the northwest corner of Donelson Pike and Lakeland Drive (1.5 acres), all of which is described herein (Proposal No. 2006Z-136U-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. BL2006-1150

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to SP zoning on properties located at 1211, 1215, 1217, 1219 and 1229 4th Avenue North, 4th Avenue North (unnumbered), and 407 Monroe Street, located at the southwest corner of 4th Avenue North and Monroe Street, to permit the development of 38 units and 2,775 square feet of commercial space (1.64 acres), all of which is described herein (Proposal No. 2006SP-119U-08). The bill was approved by the Planning Commission. Mr. Wallace moved to defer the bill to the November public hearing due to insufficient notice, the bill being requested by Joel A. Smith, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1151

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 SP zoning on property located at 13545, 13555, and 13563 Old Hickory Boulevard, approximately 1,400 feet west of Cane Ridge Road (83.51 acres), to permit 292 residential units, all of which is described herein (Proposal No. 2006SP-122G-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 a citizen was heard in opposition to passage of the bill. 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. BL2006-1152

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 R20 zoning on property located at 4304 Gray Oaks Drive, at the southeast corner of Gray Oaks Drive and Audubon Road (.5 acres), all of which is described herein (Proposal No. 2006Z-126U-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. BL2006-1153

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 RM15 zoning property located at 8921 Collins Road, approximately 275 feet west of Collinswood Drive (2.5 acres), all of which is described herein (Proposal No. 2006Z-130G-06). Mr. Tygard moved to defer the bill to the November public hearing while awaiting a Planning Commission recommendation, the bill being requested by A.W. Chaffin, Edna L. Chaffin, R.S. Chaffin, Melissa L. Chaffin, Don Einwag and Sherrill D. Einwag, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1154

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 CF to SP zoning on property located at 112 and 108 17th Avenue North, 1600, 1612, 1616 and 1618 West End Avenue, and 121 and 125 16th Avenue North, located between 16th Avenue North, West End Avenue, 17th Avenue North, and Hayes Street, to establish a maximum building height of 400 feet and build-to lines for a mixed-used building complying with all other provisions of the MUI zoning district (3.93 acres), all of which is described herein (Proposal No. 2006SP-114U-10). 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 with Ms. Williams "Abstaining."

Without objection Bill Nos. BL2006-1155 and BL2006-1156 were considered together.

BILL NO. BL2006-1155

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 RM6 zoning property located at Sawyer Brown Road (unnumbered), located immediately south of I-40 (7.88 acres) all of which is described herein (Proposal No. 2006Z-110G-06). The bill was approved by the Planning Commission.

BILL NO. BL2006-1156

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 the west side of Sawyer Brown Road (unnumbered), to allow for the development of 30 townhomes (7.88 acres), all of which is described herein (Proposal No. 2006P-011G-06). The bill was approved by the Planning Commission.

Mr. Crafton moved to defer the bills indefinitely, the bill being requested by Brian Burns and Dale and Associates, respectively, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1157

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 SP zoning property located at 5748 Pettus Road, on the west side of Preston Road, to permit 72 single-family lots (41.44 acres), all of which is described herein (Proposal No. 2004SP-090G-12). The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill to the November public hearing due to insufficient notice, the bill being requested by E. Roberts Alley & Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1158

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 zoning properties located at 501 Broadwell Drive, Trousdale Drive (unnumbered) and Hill Road (unnumbered), south of the intersection of Broadwell Drive and Trousdale Drive (4.42 acres), all of which is described herein (Proposal No. 2006Z-116U-12). The bill was approved by the Planning Commission. Mr. Adkins requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Adkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Greer voting "No."

BILL NO. BL2006-1159

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 a Planned Unit Development district located at 3806 Estes Road, south of Elder Place, to permit 8 single-family lots (2.5 acres), all of which is described herein (Proposal No. 99P-004U-10). The bill was approved by the Planning Commission. Ms. Williams requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Ms. Williams moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1160

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 CL district property located at Murfreesboro Pike (unnumbered), between Kermit Avenue and Jupiter Drive (1.04 acres), all of which is described herein (Proposal No. 2005Z-144U-13). The bill was approved by the Planning Commission. Mr. Burch moved to defer the bill to the November public hearing due to insufficient notice, the bill being requested by Sam Bernhard, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1161

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 SP zoning property located at 1314 7th Avenue North, approximately 300 feet south of Taylor Street, to permit an existing single-family home and an accessory dwelling unit above an existing attached garage (0.14 acres), all of which is described herein (Proposal No. 2006SP-129U-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.

BILL NO. BL2006-1162

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 SP zoning on property located at 1329 7th Avenue North, to permit 5 single-family two-story homes, southwest corner of 7th Avenue North and Taylor Street (.18 acres), all of which is described herein (Proposal No. 2006SP-075U-08). The bill was disapproved by the Planning Commission. Mr. Wallace moved to defer the bill to the November public hearing due to insufficient notice, the bill being requested by Ed Swinger, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2006-1163 and BL2006-1164 were considered together.

BILL NO. BL2006-1163

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 to MUL zoning on property located at 5222 Hickory Hollow Parkway, located at the northeast corner of Hickory Hollow Parkway and Hickory Hollow Place (2.04 acres), all of which is described herein (Proposal No. 2006Z-128U-13). The bill was approved by the Planning Commission.

BILL NO. BL2006-1164

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 Planned Unit Development district located at 5222 Hickory Hollow Parkway (2.04 acres), to permit a religious institution use in the existing building, replacing a retail use, all of which is more particularly described herein (Proposal No. 1-74-U-13). The bill was approved by the Planning Commission.

Mr. Coleman moved to defer the bills to the November public hearing due to insufficient notice, the bills being requested by Abundant Life Christian Center, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2006-1165and BL2006-1166 were considered together.

BILL NO. BL2006-1165

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 zoning property located at 101 Franklin Pike, 8000 and 8011 Brooks Chapel Road, 116 Wilson Pike Circle, 130 Frierson Street and Frierson Street (unnumbered), bounded by Old Hickory Boulevard, Franklin Pike, Wilson Pike, and Frierson Street (6.42 acres), all of which is described herein (Proposal No. 2006Z-111U-10). The bill was approved by the Planning Commission. 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. BL2006-1166

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 an Urban Design Overlay zoning district to properties located at 799 Old Hickory Boulevard, 100 and 101 Franklin Pike, 8000 and 8011 Brooks Chapel Road, 116 Wilson Pike Circle, 130 Frierson Street and Frierson Street (unnumbered), south of Old Hickory Boulevard, and east of Interstate 65, to establish uniform design standards to support a pedestrian oriented town center (7.38 acres), all of which is described herein (Proposal No. 2006UD-001U-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 a citizen was heard in favor of 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 and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2006-1167and BL2006-1168 were considered together.

BILL NO. BL2006-1167

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 and R10 to RM6 zoning property located at 1019 Highland Circle and 1122 Apple Valley Circle, approximately 750 feet west of Hamblen Drive (5.62 acres), all of which is described herein (Proposal No. 2006Z-107G-04). The bill was disapproved by the Planning Commission.

BILL NO. BL2006-1168

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 1019 Highland Circle and 1122 Apple Valley Road, to permit the development of 31 multi-family units, all of which is described herein (Proposal No. 2006P-009G-04). The bill was disapproved by the Planning Commission.

Mr. Ryman requested a public hearing on these bills which had previously been advertised. The President asked if anyone desired to be heard for or against the bills and citizens were heard in favor of and in opposition to passage of the bills. The President declared the public hearing closed. Mr. Ryman moved to pass the bills on second reading, defer the bills indefinitely, and re-refer the bills to the Planning Commission, the bills being requested by Lee Wall and J & M Home Building, respectively, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1169

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 located at Pettus Road (unnumbered), at the terminus of Bison Court, to permit the development of 30 single-family lots, all of which is described herein (Proposal No. 2006P-007G-12). The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill to the November public hearing due to insufficient notice, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1170

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 a Planned Unit Development district located at 2788 Murfreesboro Pike, along the north side of Murfreesboro Pike, originally approved by Metro Council for 264 multi-family units and currently approved for 240 units, all of which is described herein (Proposal No. 24-85-P-13). Ms. Wilhoite requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of and in opposition to passage of the bill. Petitions were filed in favor of the bill. The President declared the public hearing closed. Ms. Wilhoite moved to pass the bill on second reading and defer the bill indefinitely, which motion was seconded and adopted by a roll call vote of the Council: "Ayes" Tucker, Briley, Gilmore, Isabel, Hunt, Murray, Jameson, Ryman, McClendon, Wallace, Whitmore, Evans, Summers, Shulman, Wilhoite, Coleman, Williams (17); "Noes" Dread, Craddock, Cole, Forkum, Brown, Gotto, Burch, White, Crafton, Adkins, Foster, Toler, Tygard (13).

BILL NO. BL2006-1171

An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, by modifying the definition of "family" to include a group of not more than eight unrelated persons being treated for drug and/or alcohol abuse or dependency, all of which is more specifically described herein (Proposal No. 2006Z-146T). The bill was approved by the Planning Commission. Mr. Ryman requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1172

An ordinance amending Section 17.40.120 of Title 17 of the Metropolitan Code, Zoning Regulations, to require all modifications of planned unit developments enacted prior to 1998 that would result in a change in land use or development type beyond that permitted by the specific underlying zoning district be approved by the Metropolitan Council, all of which is more specifically described herein (Proposal No. 2006Z-148T). 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 defer the bill indefinitely, which motion was seconded. Mr. Adkins moved to table the motion to defer, which motion was seconded and failed by a voice vote of the Council. The matter recurred on the motion to defer indefinitely, which motion was adopted by a voice vote of the Council.

BILL NO. BL2006-1173

An ordinance amending Section 17.40.740 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow Members of Council to waive the zoning application fee for rezoning property from a mixed-use district to a residential district, all of which is more specifically described herein (Proposal No. 2006Z-149T). The Planning Commission voted to make no recommendation. 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 defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2006-1471

A resolution recognizing Stephanie B.C. Bailey, M.D., M.S.H.S.A, Director of Health for Nashville and Davidson County on the occasion of her retirement to join the Centers for Disease Control and Prevention as Chief of Public Health Practice.

RESOLUTION NO. RS2006-1472

A resolution recognizing and commending Tommy Bradley for his outstanding public service to Metropolitan Nashville and Davidson County, State of Tennessee.

RESOLUTION NO. RS2006-1473

A resolution recognizing the Honorable John P. Brown on the occasion of his retirement from the Metropolitan General Sessions Court Division V of Davidson County, Nashville, Tennessee

RESOLUTION NO. RS2006-1474

A resolution recognizing the Honorable William J. Faimon on the occasion of his retirement from the Metropolitan General Sessions Court Division III of Davidson County, Nashville, Tennessee.

RESOLUTION NO. RS2006-1476

A resolution recognizing and congratulating Mr. James Briggs on receiving the 2006-2007 Administrator of the Year.

RESOLUTION NO. RS2006-1477

A resolution recognizing William Woodrow Harris on the celebration of his 90th birthday.

RESOLUTION NO. RS2006-1478

A resolution recognizing Henry Thomas Hopton on the celebration of his 90th birthday.

RESOLUTION NO. RS2006-1479

A resolution recognizing James F. Holt, Jr., for his most generous contribution to the Hadley Park Junior Tennis Development Program Inc.

RESOLUTION NO. RS2006-1480

A resolution recognizing and honoring Dr. David C. George upon his retirement as pastor of Immanuel Baptist Church.

RESOLUTION NO. RS2006-1481

A resolution honoring the late Dana Kaye.

RESOLUTION NO. RS2006-1482

A resolution recognizing Opie G. Sory on the occasion of his retirement as Court Officer from the Metropolitan General Sessions Court, Division III of Davidson County and Nashville, Tennessee.

RESOLUTION NO. RS2006-1483

A resolution recognizing Mr. Donald Capparella, Founder and Board Chairman of the Nashville Shakespeare Festival (NSF).

RESOLUTION NO. RS2006-1484

A resolution recognizing the Bellevue Bulldogs 12 and Under Baseball All-Stars for winning the Cal Ripken Babe Ruth District Championship.

RESOLUTION NO. RS2006-1485

A resolution recognizing the Tennessee Team Pride 10U girl's basketball team upon the completion of an extraordinary season.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Adkins moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Greer, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).

- RESOLUTIONS -

RESOLUTION NO. RS2006-1475

A resolution recognizing Dr. Harriette Bias-Insignares for her distinguished work and exceptional service to the people of Davidson County, the State of Tennessee, and the nation. Pursuant to Rule 28 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.

RESOLUTION NO. RS2006-1486

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Greer, Wallace, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).

- BILL ON INTRODUCTION AND FIRST READING -

BILL NO. BL2006-1177

An ordinance amending Section 17.20.120 of Title 17 of the Metropolitan Code, Zoning Regulations, by modifying the basis for calculating a financial contribution in lieu of sidewalk construction, all of which is more specifically described herein (Proposal No. 2006Z-164T). Upon motion 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.

BILL NO. BL2006-1178

An ordinance amending Chapters 17.04, 17.08, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, by designating "Car Wash" as a use permitted with conditions (PC), and adding certain conditions pertaining to car washes, all of which is more specifically described herein (Proposal No. 2006Z-165T). No action was taken on the bill at this time, pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council and the absence of the sponsors.

BILL NO. BL2006-1179

An ordinance amending Section 3.04.010 of the Metropolitan Code of Laws to require all employees of the holders of elected offices authorized or created by the Metropolitan Charter making in excess of $100,000 per year to be residents of Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Relations-Housing Committee by a voice vote of the Council.

BILL NO. BL2006-1180

An ordinance amending section 3.08.110 of the Metropolitan Code of Laws, by authorizing the adoption of other self-insured medical plan design structures. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.

BILL NO. BL2006-1181

An ordinance approving the disposition of a certain parcel of property located at 3315 John Mallette Drive, known as the old Bordeaux Library, by the Director of Public Property (Proposal No. 2006M-079U-03). The bill was approved by the Planning Commission. No action was taken on the bill at this time, pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council and the objection to passage by Mr. Isabel.

BILL NO. BL2006-1182

An ordinance authorizing the Metropolitan Government to participate with Pulte Homes, Tennessee LP, to provide public sewer service in Williamson County to Winterset Woods Section 4B, Project No. 05-SL-174A. 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. BL2006-1183

An ordinance abandoning a 8" sanitary sewer line and easement that will be replaced by a 8" sanitary sewer line, that is shown on Map 132-4, Parcel 011.00, Project 05-SL-0194, Nashville Readiness Center, 3041 Sidco Drive, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-023U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2006-1184

An ordinance abandoning a 12" sanitary sewer line and easement, that is shown on Map 104-14-0-H, Parcel 046.00, Project 06-SG-0034, 423 Prestwick Court, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-049U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.