Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, February 1, 2011
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Solid Waste Region Board
Appointment of Mr. Aso Hawrami for a term expiring December 15, 2016.

Wastewater Hearing Authority
Reappointment of Mr. John Barnes for a term expiring October 1, 2012.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1484 (Coleman, Barry, Duvall)
Referred to Budget & Finance
and Planning & Zoning Committees

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed One Million Dollars.

RESOLUTION NO. RS2011-1525 (Page)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution amending the Capital Improvements Budget and Program 2010-2011 through 2015-2016 (Ordinance No. 2010-688) to add a Finance Department project to acquire property and construct facilities for Nashville State Community College.

RESOLUTION NO. RS2011-1526 (Barry, Wilhoite)
Referred to Budget & Finance
and Codes Committees

A resolution appropriating to certain accounts for the benefit of the Codes Demolition Fund in the amount of One Hundred Fifty Thousand Dollars ($150,000) from undesignated fund balances of the General Fund of the General Services District.

RESOLUTION NO. RS2011-1527 (Harrison, Page & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County and authorizing the acquisition and removal of 41 houses in the lower Richland Creek and lower Whites Creek drainage basins which lie in repetitively flooded areas of Davidson County.

RESOLUTION NO. RS2011-1528 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the provision of immunization program activities and staffing to monitor and assess the delivery of services by providers in Davidson County.

RESOLUTION NO. RS2011-1529 (Forkum, Page)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the State of Tennessee, Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide HIV/AIDS prevention, surveillance and sexually transmitted disease program services.

RESOLUTION NO. RS2011-1530 (Page, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide food safety services to Davidson County residents and to conduct surveys as required.

RESOLUTION NO. RS2011-1531 (Barry, Maynard, Langster)
Referred to Budget & Finance
and Parks Committees

A resolution approving an application for a Big Band Dances grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks and Recreation Department.

RESOLUTION NO. RS2011-1532 ( Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against John Hooper.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-842 (Jameson, Langster, Page)

An ordinance approving an amendment to the lease between the Metropolitan Government and Square Investment Holdings, LP for space in the Washington Square Building located at 222 Second Avenue North (Proposal No. 2011M-002PR-001).

BILL NO. BL2011-843 (Harrison)
Approved by Planning Commission
and Historical Commission

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 Summitt Avenue to “West Summitt Avenue” (Proposal No. 2010M-002SR-001).

BILL NO. BL2011-844 (Langster)
Map & Parcel No./Owner:
92-6-279, 280 Lenette Birdsong
Requested by: Renita Anthony

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 MUN zoning for properties located at 2733 and 2737 Herman Street, at the southeast corner of Herman Street and 28th Avenue North (0.17 acres), all of which is described herein (Proposal No. 2010Z-015PR-001).

BILL NO. BL2011-845 (Stanley)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner:
86-137 Ralph & Dorothy Gleaves Fitzpatrick
Requested by: Faran Derdowsi

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 MUN zoning for property located at 3954 Dodson Chapel Road, approximately 230 feet south of Central Pike (1.43 acres), all of which is described herein (Proposal No. 2010Z-029PR-001).

BILL NO. BL2011-846 (Claiborne)
Map & Parcel No./Owner:
96-13-154 Signature Hospitality
Requested by: T-Square Engineering

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 for property located at 2724 Elm Hill Pike, approximately 900 feet west of Donelson Pike (1.28 acres), to permit hotel and restaurant uses, all of which is described herein (Proposal No. 2011SP-001-001).

BILL NO. BL2011-847 (Langster)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner/Requested by:
91-4-15 Timothy Patton

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 ON zoning for property located at 1101 38th Avenue North, approximately 180 feet north of John L. Driver Avenue (0.17 acres), all of which is described herein (Proposal No. 2010Z-026PR-001).

BILL NO. BL2011-848 (Ryman)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
26-12-4 CarMax Auto Superstores Inc.
Requested by: Littlejohn Engineering Associates

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 for property located at 2353 Gallatin Pike, approximately 400 feet east of Riverchase Boulevard (15.04 acres), to permit an expansion to an existing auto sales facility for auto sales (new and used), auto service, auto repair, car wash, private fuel storage and dispensing, auto parts sales, and auto storage, all of which is described herein (Proposal No. 2010SP-022-001).

BILL NO. BL2011-849 (Hollin)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
82-7-113 Robert Soloman
Requested by: Urban Housing Solutions, Inc.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to MUN zoning for property located at 307 Wilburn Street, approximately 200 feet east of Meridian Street (0.28 acres), all of which is described herein (Proposal No. 2010Z-031PR-001).

BILL NO. BL2011-850 (Langster)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner/Requested by:
92-11-92 Charlotte 2300 LLC

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 MUL zoning for property located at 2300 Charlotte Avenue, at the northwest corner of Charlotte Avenue and 23rd Avenue North (1.1 acres), all of which is described herein (Proposal No. 2010Z-027PR-001).

BILL NO. BL2011-851 (Coleman)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner:
174-185 Richard Nelson
Requested by: Dale & Associates

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 zoning for property located at 5700 Cane Ridge Road, opposite Blairfield Drive (5.49 acres), all of which is described herein (Proposal No. 2010Z-028PR-001).

BILL NO. BL2011-852 (Matthews)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
14-10 Betsy Beard
Requested by: Joe F. Gillespie, Jr.

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 MUN zoning for property located at 7000 Harper Road, at the southeast corner of Clarksville Pike and Harper Road (3.9 acres), all of which is described herein (Proposal No. 2010Z-030PR-001).

BILL NO. BL2011-853 (Moore)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner:
105-04-9 Bruce Carlock, Trustee
Requested by: Gary Wynn

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 for property located at 24 Lincoln Street, at the northwest corner of Lincoln Street and Perkins Street (0.26 acres), to permit an existing one-story brick structure to be used as five apartment units, all of which is described herein (Proposal No. 2010SP-020-001).

BILL NO. BL2011-854 (Hollin)
Map & Parcel No./Owner:
82-8-307 Brinkman Holding LLC
Requested by: Design House 1411 LLC

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 MUN zoning for property located at 731 McFerrin Avenue, at the southeast corner of McFerrin Avenue and Chicamauga Avenue within the Greenland Neighborhood Conservation Overlay (0.32 acres), all of which is described herein (Proposal No. 2010Z-033PR-001).

- BILLS ON SECOND READING -

BILL NO. BL2010-731 (Evans, Tygard & others)
No recommendation by Budget & Finance Committee
Referred to Public Works Committee

An ordinance appropriating an amount not to exceed $200,000 from the unappropriated fund balance of the General Fund of the General Services District to the Department of Water and Sewerage Services for the purpose of providing limited economic recovery credits to customers that were directed to cease using public drinking water for plant nursery stock and washing cars during the period of mandatory water conservation following the May 2010 flooding of the K.R. Harrington water treatment plant.

BILL NO. BL2010-808 (Wilhoite)
Referred to Rules Committee

An ordinance amending Section 2.222.020 of the Metropolitan Code to allow Members of the Metropolitan Council to act as a non-compensated representative for constituents before Metropolitan Government departments, agencies, boards and commissions.

BILL NO. BL2010-811 (Jameson)
Referred to Codes
and Public Safety Committees

An ordinance amending Section 11.12.070 of the Metropolitan Code to prohibit the use of personal sound amplification equipment on the public rights-of-way within downtown Nashville.

BILL NO. BL2011-832 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing Bristol Development Group to install, construct, and maintain an underground encroachment for the property located at 1700 State Street (Proposal No. 2010M-006EN-001).

BILL NO. BL2011-833 (Tygard, Toler & others)
Referred to Rules Committee

An ordinance naming the auditorium at the Howard Office Building in honor of Sonny West.

BILL NO. BL2011-834 (Forkum)
Referred to Budget & Finance
and Planning & Zoning Committees

An ordinance amending Chapters 2.128, 4.20, and 11.24 of the Metropolitan Code pertaining to prospecting and the preservation of historic sites and artifacts found on Metropolitan Government property.

BILL NO. BL2011-835 (Crafton)
Referred to Budget & Finance
Convention & Tourism, Public Safety
and Transportation & Aviation Committees

An ordinance amending Section 6.74.025 of the Metropolitan Code to eliminate the minimum charge for livery services.

BILL NO. BL2011-836 (Ryman, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

An ordinance amending Section 10.56.240 of the Metropolitan Code to exempt certain newer vehicles from the emissions testing requirements.

BILL NO. BL2011-837 (Crafton)
Referred to Budget & Finance
and Codes Committees

An ordinance requiring the Board of Fair Commissioners to issue a Request for Proposals for the privatization and continued operation of the fairgrounds functions.

BILL NO. BL2011-838 (Jameson, Gilmore, Hollin)
Referred to Budget & Finance
and Personnel Committees

An ordinance amending Chapter 4.28 of the Metropolitan Code to prohibit Metropolitan Government contractors from discriminating on the basis of sexual orientation or gender identity through their employment practices.

BILL NO. BL2011-839 (Holleman, Hodge)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning all public utility easements in connection with Project 10-WL-61 and 10-SL-133, Brighton Road, and Project No. 10-SL-165 sewer on MBA campus, shown on Map 103-16, Parcels 52, 66, and 29, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-029ES-001).

BILL NO. BL2011-840 (Page)
Disapproved by Planning Commission
Approved by Traffic & Parking Commission (8-0)
Referred to Public Works, Traffic and Parking
and Planning & Zoning Committees
Requested by: Ralph James Corrin III

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 1863 (Proposal No. 2010M-012AB-001).

BILL NO. BL2011-841 (Langster)
Referred to Planning Commission
Traffic & Parking Commission
Public Works, Traffic and Parking
and Planning & Zoning Committees
Requested by: ABP TN (Nashville) LLC

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of 28th Avenue North right-of-way (Proposal No. 2011M-001AB-001).

- BILLS ON THIRD READING -

BILL NO. BL2010-754 (Stanley)
(As Amended)
Re-referred to Planning Commission
Referred to Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.16.250 pertaining to cosmetology and barber shops as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2009Z-032TX-001).

SUBSTITUTE BILL NO. BL2010-803 (Gotto)
Re-referred to Planning Commission
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
86-355 Davco-O.H. Blvd Properties
Requested by: Anderson, Delk, Epps & Associates

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM9 to SP zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), to permit a mixture of commercial and/or medical uses along with a possible assisted-living facility and active senior living, all of which is described herein (Proposal No. 2010SP-019-001).

BILL NO. BL2010-805 (Maynard)
Approved by Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
164-041 Vastland Starwood Development, LLC
Requested by: R. Chris Magill Consulting, LLC

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 SP District (adopted with Council Bill BL2008-137) for the previously approved Starwood Commons Specific Plan District, for property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to allow all previously approved uses associated with the Starwood Amphitheater to be temporarily permitted, all of which is described herein (Proposal No. 2008SP-002-002).

SUBSTITUTE BILL NO. BL2010-806 (Barry)
Approved by Budget & Finance Committee

An ordinance amending Title 2 of the Metropolitan Code of Laws relative to Economic and Community Development Incentive Grants.

BILL NO. BL2010-820 (Moore, Barry & others)
(As Amended)
Approved by Budget & Finance
Codes and Parks Committees

An ordinance amending Chapter 2.78 of the Metropolitan Code to require the Board of Fair Commissioners of the Metropolitan Government of Nashville and Davidson County to hold a state fair on the fairgrounds property in 2011, to continue operating the expo center at the fairgrounds until a suitable relocation site has been identified, and to oversee the demolition of the existing racetrack facilities for use as a public park.

BILL NO. BL2010-821 (Hollin)
Approved by Budget & Finance
and Rules Committees

An ordinance amending Section 2.196.040 of the Metropolitan Code to increase the annual filing fee for the registration of lobbyists.

BILL NO. BL2010-824 (Wilhoite, Barry)
Approved by Budget & Finance
and Codes Committees

An ordinance amending Ordinance No. BL 2010-689 to extend the deadline for the waiver of certain permit fees when obtaining a permit for repairing or rebuilding property damaged as a result of the May 2010 flooding.

BILL NO. BL2010-826 (Adkins)
Approved by Rules Committee

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before August 17, 2010.

BILL NO. BL2010-828 (Hodge, Barry, Matthews)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of properties or easements by negotiation or condemnation for use in public projects of the Metropolitan Government of Nashville and Davidson County, Project Number 93-SC-34, Whites Creek Wastewater Pumping Station Improvements, on properties at Ashland City Highway and East Stewarts Lane (Proposal No. 2010M-021ES-001).

BILL NO. BL2010-829 (Gotto, Hodge)
Approved by Planning Commission
Public Works and
Planning & Zoning Committees

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2010M-002OT-001).

BILL NO. BL2010-830 (Todd)
Approved by Planning Commission
Traffic & Parking Commission (6-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: French Christianson Patterson & Associates

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 unnamed right-of-way (Proposal No. 2007M-237U-10).

BILL NO. BL2010-831 (Page)
Approved by Planning Commission
Traffic & Parking Commission (6-0)
Public Works and Planning & Zoning Committees
Referred to Traffic & Parking Committee
Requested by: Dale & Associates for Churches of Christ Disaster Relief Effort, Inc.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of Alley No. 1916 and an Unnumbered Alley (Proposal No. 2009M-005AB-001).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2011-1533 (Wilhoite, Gilmore, Moore)
Referred to Rules Committee

A resolution proclaiming Friday, February 4, 2011, as National Wear Red Day.