Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, March 15, 2011
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PROPOSED RULE CHANGE -

Proposed amendment to Rule No. 12 to the Rules of Procedure of the Metropolitan Council.

- PUBLIC HEARINGS -

RESOLUTION NO. RS2011-1546 (Duvall, Coleman, Wilhoite)
Approved by Public Safety Committee

A resolution exempting Snap Stone’s Restaurant located at 5385 Mt. View Road from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

RESOLUTION NO. RS2011-1557 (Jameson)
Referred to Public Safety Committee

A resolution exempting “No. 308” located at 407 Gallatin Avenue from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

- RESOLUTIONS -

RESOLUTION NO. RS2011-1534 (Crafton)
Referred to Rules Committee

A resolution removing the members of the Metropolitan Board of Fair Commissioners.

RESOLUTION NO. RS2011-1558 (Barry)
Referred to Budget & Finance Committee

A resolution approving an application for a Justice and Mental Health Collaboration Program Grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to reduce recidivism rates among felony offenders with mental health and substance abuse disorders.

RESOLUTION NO. RS2011-1559 (Maynard, Barry)
Referred to Budget & Finance
and Parks Committees

A resolution approving Amendment One to a grant from the Friends of Centennial Park and the Parthenon to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to provide funding for one employee’s salary.

RESOLUTION NO. RS2011-1560 (Maynard, Barry)
Referred to Budget & Finance
and Parks Committees

A resolution approving a grant from Vanderbilt University Medical Center, acting by and through the Vanderbilt Department of Pediatrics, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to collaborate on the Growing Right Onto Wellness (GROW) project to stop obesity in preschoolers before it becomes problematic.

RESOLUTION NO. RS2011-1561 (Holleman, Maynard, Barry)
Referred to Budget & Finance
and Parks Committees

A resolution approving Amendment One to a grant from the Tennessee Stormwater Association to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to assist with the cost of implementing green technology at the McCabe Park Community Center.

RESOLUTION NO. RS2011-1562 (Jameson, Maynard, Barry)
Referred to Budget & Finance
and Parks Committees

A resolution approving an application for the Kirkpatrick Park Summer Enrichment Program Grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to offer children in the neighborhood enrichment activities during the summer.

RESOLUTION NO. RS2011-1563 (Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a Fire Prevention and Safety Grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department.

RESOLUTION NO. RS2011-1564 (Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a PAWS (Pets Adopted Will Survive) Grant from The Memorial Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in conjunction with Animal Control, to build outdoor shelters for animals and a work shed to teach offenders vocational skills.

RESOLUTION NO. RS2011-1565 (Barry)
Referred to Budget & Finance
and Personnel Committees

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to provide skills shortage training to Associated Builders and Contractors, Inc (LW09F109SSSWA10).

RESOLUTION NO. RS2011-1566 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Two to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to protect air quality to achieve established ambient air standards and protect human health.

RESOLUTION NO. RS2011-1567 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Three to a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide direct financial assistance to clinical and social service providers to address the AIDS epidemic.

RESOLUTION NO. RS2011-1568 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Two to a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to enhance access to comprehensive high quality, community-based care for low income individuals and families with HIV disease.

RESOLUTION NO. RS2011-1569 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the U.S. Department of Health and Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the Healthy Start Initiative - Eliminating Racial/Ethnic Disparities to provide a variety of services for pregnant and parenting women.

RESOLUTION NO. RS2011-1570 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a contract with Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to establish responsibilities in complying with the CDC Tuberculosis Trials Consortium Project.

RESOLUTION NO. RS2011-1571 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Meharry Medical College to assure compliance with all Historically Black Community Colleges and Universities Wellness project protocols and requirements.

RESOLUTION NO. RS2011-1572 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a renewal of the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange assistance in planning, development, and delivery of services for individuals affected and infected with HIV/AIDS.

RESOLUTION NO. RS2011-1573 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving contract Amendment Three by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville for the provision of services under the Minority AIDS Initiative (MAI).

RESOLUTION NO. RS2011-1574 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and United Way of Metropolitan Nashville for the provision of an IT Infrastructure Grant to increase the capacity of collection and reporting of client-level data.

RESOLUTION NO. RS2011-1575 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving contract Amendment Nine by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange assistance in the planning, development, and delivery of services for minority individuals affected and infected with HIV/AIDS.

RESOLUTION NO. RS2011-1576 (Forkum, Barry)
Referred to Health, Hospitals & Social Services Committee

A resolution approving a business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Meharry College to provide safeguards to prevent the use or disclosure of protected health information.

RESOLUTION NO. RS2011-1577 (McGuire, Holleman & 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 63 houses located in various floodway and floodplain areas in Davidson County.

RESOLUTION NO. RS2011-1578 (Matthews, Hodge)
Referred to Budget & Finance
and Public Works Committees

A resolution approving amendments to agreements between the Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities.

RESOLUTION NO. RS2011-1579 (Hodge)
Referred to Public Works Committee

A resolution classifying public roads in Davidson County, Tennessee.

RESOLUTION NO. RS2011-1580 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Gary Bernard Sanders asserted against the Metropolitan Government of Nashville and Davidson County for the total amount of $22,500.00, and directing that this amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2011-1581 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing the construction, installation, and maintenance of an aerial encroachment at 420 Broadway for “The Second Fiddle” (Proposal No. 2010M-012EN-001).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-859 (Crafton)

An ordinance amending Section 10.20.340 of the Metropolitan Code to allow persons owning property in Davidson County to utilize the Metropolitan Solid Waste Convenience Centers at the same fee charged to Davidson County residents.

BILL NO. BL2011-865 (Toler, Barry)

An ordinance amending Ordinance No. O95-1379 and Second Substitute Ordinance BL2010-645 and approving an additional extension to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process.

BILL NO. BL2011-866 (Barry, Forkum)

An ordinance approving an agreement between the Metropolitan Government and Hospital Corporation of America concerning the exchange of certain parcels of real property and construction of a new public health center (Proposal No. 2011M-004PR-001).

BILL NO. BL2011-867 (Barry, Hodge)

An ordinance approving a construction agreement with CSX Transportation, Inc.

BILL NO. BL2011-868 (Hodge)
Approved by Planning Commission

An ordinance abandoning 190 feet of an 8 inch sanitary sewer line and a 20 foot public utility easement for Centennial Medical Office properties, located at 2216 and 2222 Murphy Road and 334 23rd Avenue North, in connection to Project 10-SL-176, shown on Map 92-11, Parcel 213, 217, 218, and 227, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-028ES-001).

- BILLS ON SECOND READING -

BILL NO. BL2010-822 (Hollin, Crafton, Craddock)
Referred to Rules Committee

An ordinance amending Section 2.222.020 of the Metropolitan Code to prohibit persons serving on Metropolitan Government boards or commissions from engaging in lobbying activity.

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. BL2011-855 (Crafton)
Referred to Personnel Committee

An ordinance amending Title 3 of the Metropolitan Code to prohibit former Members of the Metropolitan Council from being employed by the Metropolitan Government in the non-classified service for two years after leaving office, and requesting the Civil Service Commission to amend the Civil Service Rules to include such a provision regarding employment in the classified service.

BILL NO. BL2011-860 (Mitchell)
Approved by Planning Commission
Referred to Planning & Zoning Committee

An ordinance adopting a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located along Highway 70 South, all of which is more particularly described herein.

BILL NO. BL2011-861 (Mitchell)
Referred to Planning & Zoning Committee

An ordinance extending the boundaries of the Urban Services District within the jurisdiction of the Metropolitan Government of Nashville and Davidson County to include certain properties located along Highway 70 South, all of which is more particularly described herein.

BILL NO. BL2011-862 (Gilmore)
Referred to Budget & Finance Committee

An ordinance amending Chapter 2.210 of the Metropolitan Code relative to the eligibility requirements for the receipt of Economic and Community Development Incentive Grants.

BILL NO. BL2011-863 (Gilmore)
Referred to Public Safety Committee

An ordinance amending Chapter 7.16 of the Metropolitan Code pertaining to the location restrictions for the sale of liquor by artisan distilleries.

- BILLS ON THIRD READING -

BILL NO. BL2007-71 (Jameson, Cole)
Approved by Planning Commission
Budget & Finance, Health, Hospitals & Social Services
and Planning & Zoning Committees

An ordinance approving the disposition of a certain parcel of surplus property located at 217 South 10th Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-193U-5).

BILL NO. BL2010-754 (Stanley, Duvall)
(As Amended)
Approved by Planning Commission (8-2)
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).

BILL NO. BL2010-827 (Hollin)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Chapters 17.04, 17.08, and 17.16 of the Metropolitan Code by deleting the definitions of “cash advance”, “check cashing”, “pawnshop”, and “title loan”, and deleting such uses from the land use table and the land use development standards (Proposal No. 2010Z-024TX-001).

BILL NO. BL2011-838 (Jameson, Gilmore & others)
(As Amended)
No recommendation by 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. BL2011-842 (Jameson, Langster, Page)
Approved by Planning Commission
Budget and Finance
and Planning & Zoning Committees

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
Historical Commission, ECD Board (8-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees

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)
Disapproved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
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. BL2011-846 (Claiborne)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Approved by Planning Commission (7-1)
Referred to Planning & Zoning Committee
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).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2011-1582 (Barry, Maynard & others)
Referred to Rules Committee

A resolution opposing any state legislation that would remove or inhibit local government powers of self-governance.

RESOLUTION NO. RS2011-1583 (Crafton)
Referred to Parks & Library Committee

A resolution requesting Mayor Karl Dean and the Metropolitan Public Library Board to take the action necessary to relocate the Metropolitan Government Archives to the Ben West Library and to house a Davidson County museum in the Ben West Library.