Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, March 6, 2007


The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilman David Briley.

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

The roll was called and the following members were present during the progress of the meeting: Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard and President Gentry (39); Absent: Neighbors, White (2).

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The Rules-Confirmations-Public Elections Committee recommended deferment of the following two proposed amendments to the Rules of Procedure of the Metropolitan Council:

Rule No. 8.
Amending by adding the following new paragraph:

"When a Member of Council has requested the Council Office or the Planning Commission staff to prepare a resolution or ordinance on a specific subject matter, no other Member of Council may sign the resolution or ordinance without the written consent of the primary sponsor. The foregoing provisions shall not prevent another Member of Council from filing similar legislation."

Rule No. 31
Amending by adding the following new paragraph:

"The foregoing provision shall not prohibit a Member of Council from first making a parliamentary inquiry prior to making a motion to table or a motion for the previous question."

Without objection, the proposed amendments were deferred by a voice vote of the Council.

The Rules-Confirmations-Public Elections Committee recommended approval of the following amendment to the Rules of Procedure of the Metropolitan Council.

Rule No. 14.
Amending by adding the following new paragraph:

"No motion to amend the capital improvements budget for the ensuing fiscal year shall be entertained by the Council unless such amendment has been submitted to the Budget and Finance Committee for a recommendation."

Mr. Ryman moved to adopt the amendment, which motion was seconded and adopted by the following vote: "Ayes" Tucker, Briley, Dread, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Wallace, Walls, Crafton, Evans, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Duvall, Williams, Tygard (31); "Noes" (0); "Abstaining" Whitmore, Summers, Coleman (3).

The following proposed amendments to the Rules of Procedure of the Metropolitan Council were distributed and will be considered at the next regular meeting of Council:

Rule No. 8.
Amending by adding the following new paragraph:

"Once a Member of Council has signed a proposed resolution or ordinance as a sponsor, no other Member
of Council may remove the sponsor's signature from the legislation without his/her written consent."

Rule No. 8.
Amending by adding the following new paragraph:

"Members of Council shall be limited to filing no more than one memorializing resolution, resolution requesting
information, or similar resolution that is not binding legislation during each quarter of the calendar year."

- ELECTIONS AND CONFIRMATIONS -

Arts Commission
Reappointment of Ms. Colleen E Dowd for a term expiring January 1, 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.

Reappointment of Ms. Cindy Steine for a term expiring January 1, 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.

Community Access Television Special Committee
Reappointment of Mr. Tim Garrett for a term expiring March 1, 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 Mr. Inman Otey for a term expiring March 1, 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.

Vegetation Control Board
Reappointment of Mr. George H. Cate, Jr. for a term expiring March 1, 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.

Reappointment of Mr. Hollis Malone for a term expiring March 1, 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.

- BILLS ON PUBLIC HEARING -

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). 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 opposition to passage of the bill. The President declared the public hearing closed. Mr. Tygard moved to pass the bill on second reading and defer the bill to the second meeting in April, the bill being requested by A. W. Chaffin, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1198

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 CS district property located at Una Antioch Pike (unnumbered), along the northeast corner of Una Antioch Pike and Goodwin Drive (0.23 acres), all of which is described herein (Proposal No. 2006Z-030U-13). Mr. Alexander moved to defer the bill to the May public hearing due to insufficient notice, the bill being requested by James A. Rust and Mitchell Whitson et ux, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1301

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 zoning property located at 2908, 2910 and 2912 Felicia Street, at the northwest corner of Felicia Street and 30th Avenue North (0.46 acres), all of which is described herein (Proposal No. 2006Z-184U-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. BL2006-1302

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 OL zoning property located at 222 and 224 McGavock Pike, approximately 260 feet south of Crossfield Drive (1.52 acres), all of which is described herein (Proposal No. 2006Z-172U-14). The bill was disapproved 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 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 a voice vote of the Council.

BILL NO. BL2007-1311

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 east of Highway 100 on Page Road, Heady Drive, West Tyne Drive, Gilman Avenue, Taggart Avenue, Brookfield Avenue, Alton Road, Cheek Road, and Clydelan Court (172.56 acres), all of which is described herein (Proposal No. 2007Z-008U-07). 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. BL2007-1314

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 and R6 to MUG zoning, property located at Hume Street (unnumbered) and 8th Avenue North (unnumbered) (1.52 acres total), all of which is described herein (Proposal No. 2006Z-008U-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. BL2007-1315

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 RM6 zoning, property located at Bell Road (unnumbered), at the northeast corner of Bell Road and Lincoya Bay Drive (17.89 acres total), all of which is described herein (Proposal No. 2006Z-188U-14). The bill was approved by the Planning Commission. Mr. Burch 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. Burch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1332

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 RS15 to RM20 zoning properties located at 7312, 7316 and 7320 Highway 70 South, approximately 1,015 feet east of Cross Timbers Drive (1.69 acres), all of which is described herein (Proposal Nos. 2006Z-175G-06 and 2007Z-036G-06). The bill was disapproved by the Planning Commission. Mr. Crafton requested a suspension of the rules so that a public hearing could be conducted, and no objection was made. 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 citizens were heard in favor of passage of the bill. 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.

BILL NO. BL2007-1333

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 RS10 zoning various properties located west of 35th Avenue North on Geneva Circle and Albion Street (11.29 acres), all of which is described herein (Proposal No. 2007Z-023U-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.

SUBSTITUTE BILL NO. BL2007-1334

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 RS3.75 (10.64 acres), from R6 to RS5 (44.63 acres), and from R6 to RS10 zoning (10.64 acres) various properties located south of Albion Street on 35th Avenue North, 34th Avenue North, 33rd Avenue North, 32nd Avenue North, 31st Avenue North, 30th Avenue North, 29th Avenue North, Clare Avenue, Batavia Street, Clifton Avenue, Torbett Street, and Indiana Avenue (59.09 acres), all of which is described herein (Proposal No. 2007Z-024U-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 citizens were heard in favor of and in opposition to passage of the bill. 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. BL2007-1335

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 RS7.5 (9.83 acres) and from R6 to RS5 (1.56 acres) zoning various properties located south of Dr. Walter S. Davis Boulevard on 40th Avenue North, Clover Street, Gulch Street, Branch Street and College Avenue (11.39 acres), all of which is described herein (Proposal No. 2007Z-022U-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.

SUBSTITUTE BILL NO. BL2007-1336

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 Historic Preservation Overlay district to various properties located on Lower Broadway on 1st Avenue North, 2nd Avenue North, 3rd Avenue North, 4th Avenue North, 5th Avenue North, Opry Place, Shelby Avenue and Symphony Place, zoned CF and CC, (10.38 acres), all of which is described here in (Proposal No. 2007Z-029U-09). 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 citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1337

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 4088 Murfreesboro Pike, approximately 2,680 feet south of Old Hickory Boulevard (3.4 acres), to permit the development of a Landscape Sales/Garden Center to include two 1,000 square foot green houses, 1,290 square feet of office space, a 860 square foot warehouse, and a 500 square foot car garage, all of which is described herein (Proposal No. 2007SP-013G-13). The bill was disapproved 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 citizens were heard in favor of passage of the bill. 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. BL2007-1338

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to CS zoning properties located at 106 Gallatin Pike and Vera Street (unnumbered), at the southern end of Vera Street (0.24 acres), all of which is described herein (Proposal No. 2007Z-010G-04). The bill was approved by the Planning Commission. Mr. Forkum 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. Forkum moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Dozier and Mr. Gotto "Abstaining."

BILL NO. BL2007-1339

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to amend the previously approved SP district on property located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, and 111, 113 and 115 Kenner Avenue, approximately 550 feet east of Harding Pike (2.58 acres), to add land area (.23 acres) to the original SP district and to permit 34 multifamily units and 3 single-family lots, all of which is described herein (Proposal No. 2005SP-168U-10). The bill was approved by the Planning Commission. Mr. Summers 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. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1340

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 portion of the Planned Unit Development district located at 7727, 7739, 7745 Old Harding Pike, 8020, 8024, 8036 Highway 100, Old Harding Pike (unnumbered), and Highway 100 (unnumbered), previously approved for 74 townhomes, 26,700 square feet of office/library, 87,900 square feet of retail/restaurant/bank uses, and to amend by allowing for 101,677 square feet of retail/restaurant/bank uses, 20,000 square feet of office, and to allow for a new ingress/egress along Highway 100, all of which is more particularly described herein (Proposal No. 2005P-008G-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. BL2007-1341

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 RM40 to SP zoning on property located at 1700 18th Avenue South, northeast corner of 18th Avenue South and Wedgewood Avenue (.54 acres), to permit 38 multi-family condominium units and a parking garage, all of which is described herein (Proposal No. 2007SP-015U-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.

BILL NO. BL2007-1342

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 IWD to CS zoning property located at 924 8th Avenue South, approximately 175 feet north of Archer Street (0.44 acres), all of which is described herein (Proposal No. 2007Z-004U-10). The bill was approved by the Planning Commission. Mr. Greer requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1343

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 SP zoning property located at 541 and 551 Stewarts Ferry Pike, approximately 1,130 feet west of Lauer Drive (4.57 acres), to permit the development of 20 townhomes and 4,000 square feet of warehouse space, all of which is described herein (Proposal No. 2007SP-019U-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, at the request of the sponsor, moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1345

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 portions of the Institutional Overlay district located between Granny White Pike and Belmont Boulevard, approved for 1,621,300 square feet of various institutional uses to add an additional 27,085 square feet for a total of 1,648,386 square feet and add conference center, performing arts center, academic building, art department buildings, revise residence halls from dormitories to apartments, and add an additional 293 parking spaces, all of which is more particularly described herein (Proposal No. 2006IN-001U-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.

Without objection Bill Nos. BL2007-1346 and BL2007-1347 were considered together.

BILL NO. BL2007-1346

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 property located at 2911 Stokers Lane (2.71 acres) to permit a 32-unit assisted-living facility, all of which is described herein (Proposal No. 2007P-001U-03). The bill was approved by the Planning Commission.

BILL NO. BL2007-1347

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 RM4 zoning property located at 2911 Stokers Lane (2.71 acres), all of which is described herein (Proposal No. 2007Z-016U-03). The bill was approved by the Planning Commission.

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

BILL NO. BL2007-1348

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 SP zoning property located at 2849 Logan Street, approximately 505 feet north of Thompson Lane (0.31 acres), to permit the development of a 7,500 square foot automobile repair facility, all of which is described herein (Proposal No. 2007SP-026U-11). The bill was approved by the Planning Commission. Ms. Page 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. Page moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1349

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 RM4 to SP zoning a portion of property located at Nolensville Pike (unnumbered), between Sunnywood Drive and Culbertson Road (10.07 acres), to permit the development of 40 townhomes, all of which is described herein (Proposal No. 2007SP-012G-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. BL2007-1352

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 1160 Barnes Road, approximately 1,380 feet east of Barnes Cove Drive (19.33 acres), to permit the development of 77 single-family homes, all of which is described herein (Proposal No. 2005SP-139G-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 to the first meeting in April, the bill being requested by Ragan-Smith and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1353

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 SP zoning property located at Sawyer Brown Road (unnumbered), opposite Williamsburg Court (7.8 acres), to permit the development of 31 townhomes, all of which is described herein (Proposal No. 2007SP-007G-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.

BILL NO. BL2007-1354

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 Clarksville Pike (unnumbered), approximately 770 feet north of Ed Temple Boulevard (11.5 acres), to permit the development of a 96 unit multi-family complex, all of which is described herein (Proposal No. 2007SP-027U-03). The bill was approved by the Planning Commission. Mr. Whitmore moved to withdraw the bill at the request of the developer, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2007-1355 and BL2007-1356 were considered together.

BILL NO. BL2007-1355

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 RM15 zoning a portion of properties located at Lombardia Court (unnumbered), south of Old Hickory Boulevard (2.0 acres), all of which is described herein (Proposal No. 2007Z-005G-04). The bill was approved by the Planning Commission.

BILL NO. BL2007-1356

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan of the Planned Unit Development District located abutting the south margin of Old Hickory Boulevard at Lombardia Lane, classified RM15 and CS with the portion zoned CS proposed for RM15 district (11.96 acres), to permit additional land area to the PUD overlay district to include 18 additional condominium units for a total of 40 condominium, all of which is more particularly described herein (Proposal No. 95-85-P-04). The bill was approved by the Planning Commission.

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

BILL NO. BL2007-1358

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 portion of the Planned Unit Development district located on the south side of Central Pike, to allow for the development of 35,200 square foot of medical office, replacing 31,920 square foot of office and retail space, all of which is more particularly described herein (Proposal No. 189-73-G-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 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, which motion was seconded. Mr. Coleman moved to defer the bill, which motion was seconded. After discussion, Mr. Isabel called for the previous question, which motion was seconded and failed by a roll call vote of the Council. Mr. Loring moved to table the motion to defer, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to defer, which motion was adopted by the following vote: "Ayes" Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Murray, Jameson, Cole, Page, Hausser, Wallace, Walls, Evans, Summers, Shulman, Adkins, Alexander, Wilhoite, Coleman, Duvall, Williams (22); "Noes" Dozier, Craddock, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Whitmore, Crafton, Foster, Hodge, Toler, Tygard (15).

SUBSTITUTE BILL NO. BL2007-1360

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 Urban Design Overlay district to add property located at 3821 Green Hills Village Drive to the Green Hills UDO, located along the east side of Cleghorn Avenue, south of Crestmoor Road (3.79 acres), to require all provisions of the UDO to apply to this property, all of which is more particularly described herein, (Proposal No. 2002UD-001U-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. BL2007-1361

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 portion of the Urban Design Overlay district located in the Green Hills commercial area along Hillsboro Drive, Bandywood Drive, portions of Hillsboro Pike, Abbott Martin Road, Hillsboro Circle, Hobbs Road, Richard Jones Road, and Warfield Drive, to require the on-site sign provisions of the UDO to become mandatory for any change in signage (new tenant, new sign face or any type of sign change), all of which is more particularly described herein (Proposal No. 2002UD-001U-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 and defer the bill to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1362

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 CS zoning a portion of property located at Whites Creek Pike (unnumbered), approximately 190 feet south of Knight Drive (.11 acres), all of which is described herein (Proposal No. 2006Z-198-03). The bill was approved by the Planning Commission. Mr. Hunt moved to defer the bill to the May public hearing, due to insufficient notice, the bill being requested by Margie Binkley, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1363

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 SP zoning property located at 3714 Benham Avenue, approximately 290 feet north of Glen Echo Road (0.85 acres), to permit the development of 6 single-family dwelling units, all of which is described herein (Proposal No. 2006SP-177U-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 passage of the bill. The President declared the public hearing closed. Mr. Shulman moved to defer the bill on second reading while neighborhood discussions continue, the bill being requested by Gresham Smith and Partners, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1369

An ordinance to amend sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to permit the transfer of development rights from Historic Landmark Districts and Historic Preservation Districts in Downtown Nashville as "sending" sites to designated "receiving" sites, which is more particularly described herein (Proposal No 2007Z-042T). 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.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2007-1794

A resolution recognizing the Reverend Enoch Fuzz as a public servant to the citizens and communities of Nashville, Tennessee.

RESOLUTION NO. RS2007-1795

A resolution recognizing State Senator Thelma M. Harper for her honorable and astute service to the people of Tennessee.

RESOLUTION NO. RS2007-1796

A resolution recognizing Ms. Betty Chiles Nixon of Nashville, Tennessee, on the occasion of her retirement.

Pursuant to Rule 23 of the Rules of Procedure of the Metropolitan Council, Resolution Nos. RS2007-1794, RS2007-1795 and RS2007-1796 were deferred.

RESOLUTION NO. RS2007-1797

A resolution recognizing and congratulating Susanne Frensley on being named 2007 Tennessee Teacher of the Year.

RESOLUTION NO. RS2007-1798

A resolution recognizing and congratulating Mrs. Laura Karkau as being chosen the 2007-2008 "Teacher of the Year" at Lakeview Elementary Design Center.

RESOLUTION NO. RS2007-1799

A resolution recognizing and congratulating Mrs. Essie Perkins as being chosen the 2007-2008 "Teacher of the Year" at Una Elementary.

RESOLUTION NO. RS2007-1800

A resolution recognizing the work Mr. Earl Jordan has done for the City of Nashville.

RESOLUTION NO. RS2007-1801

A resolution recognizing Pastor Glenda Gleaves-Sutton upon receiving the President's Volunteer Service Award.

RESOLUTION NO. RS2007-1802

A resolution recognizing Police Officer Danita Marsh of the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2007-1803

A resolution recognizing and congratulating Deputy District Attorney Tom Thurman, Police Sergeant Pat Postiglione and Detective Bill Pridemore on being named the Nashville Scene's 2006 "Nashvillian (s) of the Year".

RESOLUTION NO. RS2007-1804

A resolution recognizing and congratulating the Hattie Cotton Elementary PTO on the occasion of being named 2006 National Parent Group of the Year.

RESOLUTION NO. RS2007-1805

A resolution recognizing and honoring the Hillsboro High School Football Team on their Class 4A State Runner-up Title.

RESOLUTION NO. RS2007-1806

A resolution honoring the 2006-2007 John Overton High School Marching Band.

RESOLUTION NO. RS2007-1807

A resolution recognizing and congratulating the members of the 2006-07 Nashville Youth Leadership program.

RESOLUTION NO. RS2007-1808

A resolution proclaiming March 2007 as Kidney Disease Prevention Month and declaring March 8, 2007, as World Kidney Day.

Consent agenda Resolution Nos. RS2007-1797 through RS2007-1808 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" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (38); "Noes" (0).

- RESOLUTION -

RESOLUTION NO. RS2007-1809

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" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Evans, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (38); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2007-1382

An ordinance amending Title 2 of the Metropolitan Code of Laws to implement standards of conduct for Metropolitan Government elected officials, employees, and members of boards and commissions. Mr. Isabel objected to passage of the bill on first reading and the bill was deferred, pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council.

BILL NO. BL2007-1383

An ordinance amending Section 2.40.100 of the Metropolitan Code to further limit the authority of the Metropolitan Attorney to settle claims against the Metropolitan Government without approval of the Metropolitan Council. 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. BL2007-1384

An ordinance amending Chapter 15.64 of the Metropolitan Code, Stormwater Management, to prohibit certain activities involving the disposal or use of excavated fill material that occur within the drainage area of a Class II designated Scenic River under The Tennessee Scenic Rivers Act of 1968. Mr. Cole moved to pass the bill on first reading and refer the bill to the Public Works Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1385

An ordinance amending Chapter 16.24 of the Metropolitan Code to prohibit exterior openings of buildings or structures from being boarded-up for more than sixty days. 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. BL2007-1386

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of County Hospital Road between John Mallette Drive and Briley Parkway to "Bordeaux Boulevard" (Proposal No. 2007M-020U-03). 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. BL2007-1387

An ordinance naming the roundabout right-of-way, located at the intersection of Division Street, 16th Avenue South, Music Square East, and Demonbreun Street, "Buddy Killen Circle" (Proposal No. 2007M-019U-10). Mr. Wallace moved to pass the bill on first reading and refer to the bill to the Planning Commission: Emergency Communications District Board; Board of Parks and Recreation: Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees, which motion was seconded and adopted by a voice vote of the Council.


Upon motion duly seconded, the meeting was adjourned.