Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, January 15, 2008
6:30 p.m. Council Chamber
Metropolitan Courthouse


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Reappointment of Ms. Linda Lively for a term expiring November 5, 2009.

- RESOLUTIONS -

RESOLUTION NO. RS2007-64 (Hunt, Evans & others)
Approved by Planning Commission
Public Works and Planning & Zoning Committees

A resolution authorizing Access Fiber Group, Inc. to install, construct and maintain fiber optic cable as an aerial encroachment along an existing pole line within Davidson County (Proposal No. 2007M-210).

SUBSTITUTE RESOLUTION NO. RS2007-78 (Crafton, Mitchell, Tygard)
Referred to Budget & Finance Committee

A resolution approving an Economic Impact Plan for the Bellevue Center Development Area.

RESOLUTION NO. RS2007-92 (Cole)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $ 25,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Juvenile Court of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-93 (Cole)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $ 200,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the County Clerk of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-94 (Cole)
Referred to Budget & Finance
and Public Safety Committees

A resolution appropriating the amount of $ 750,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Fire Department of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-95 (Cole)
Referred to Budget & Finance
and Public Safety Committees

A resolution appropriating the amount of $ 1,430,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Police Department of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-96 (Cole)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $ 55,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metropolitan Clerk of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-97 (Cole)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $ 40,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Finance of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-98 (Cole)
Referred to Budget & Finance
and Parks & Library Committees

A resolution appropriating the amount of $ 1,250,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Public Library of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-99 (Cole)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $ 85,900.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Information Technology Services Department of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-100 (Cole)
Approved by Health, Hospitals & Social Services Committee
Referred to Budget & Finance Committee

A resolution appropriating the amount of $ 61,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Health of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-101 (Cole)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $ 1,022,500.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the General Services Department of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2007-102 (Cole)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $ 65,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Law Department of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2008-126 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County by and through the Metropolitan Social Services Commission to provide personal care, homemaker, meal delivery, and caregiver support services.

RESOLUTION NO. RS2008-127 (Cole)
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 to make resources available to the Accredo Company to establish programs that enhance productivity (08-09-FY8-2FT-STATE).

RESOLUTION NO. RS2008-128 (Cole)
Referred to Budget & Finance Committee

A resolution approving a grant from The Supreme Court of Tennessee, Administrative Office of the Courts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for the purchase of hardware and software for the conversion of analog courtroom recording to digital courtroom recording.

RESOLUTION NO. RS2008-129 (Cole, Craddock)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a grant for three fire prevention and awareness programs 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. RS2008-130 (Cole, Craddock)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a Gang Resistance Education and Training Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2008-131 (Cole, Craddock)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the National Association of Drug Diversion Investigators, Inc. to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the investigation of prescription drug diversion cases.

RESOLUTION NO. RS2008-132 (Cole, Craddock)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an amendment to a grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County to support the implementation of Buffer Zone Plans outside the perimeter of identified critical infrastructures.

RESOLUTION NO. RS2008-133 (Adkins, Cole, Evans)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

A Resolution approving the exercise of fee simple acquisition option for the purchase of various flood prone property, for Metro Water Services Project No. 02-D-149 (Proposal No. 2002M-111U-12).

RESOLUTION NO. RS2008-134 (Cole, Craddock)
Referred to Budget & Finance Committee

A resolution authorizing The Metropolitan Department of Law to compromise and settle the recovery claim of The Metropolitan Government of Nashville and Davidson County against Hamlin Mooreland.

- BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2008-112 (Stanley, Cole)
Approved by Planning Commission

An ordinance approving the disposition of certain parcels of surplus property by the Director of Public Property listed as Davidson County Tax Map 086, Parcels 754 and 755 (Proposal No. 2007M-122G-14A-B).

BILL NO. BL2008-113 (Cole, Craddock)

An ordinance accepting a donation to The Metropolitan Government of Nashville and Davidson County by Cornerstone Church for the use and benefit of the Metropolitan Nashville Police Department and the Nashville Fire Department.

BILL NO. BL2008-114 (Holleman)
Map & Parcel No./Owner:
91-16-6; 91-13-160, 161 Charlotte Avenue Church of Christ
Requested by: Metro Historic Zoning Commission for Councilman Holleman

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 applying a Historic Landmark Overlay to property located at 4508 Charlotte Avenue, 4509 Alabama Avenue, and 4511 Alabama Avenue for the Charlotte Avenue Church of Christ (.72 acres), all of which is described herein (Proposal No. 2007Z-182U-07).

BILL NO. BL2008-115 (Tygard)

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of “two-family” structure to include two detached dwelling units, all of which is more particularly described herein (Proposal No. 2006Z-022T).

- BILLS ON SECOND READING –

BILL NO. BL2007-101 (Ryman, Toler & others)
Referred to Budget & Finance
and Personnel Committees

An ordinance amending Title 3 of the Metropolitan Code pertaining to medical care benefits for retired or disabled employees.

BILL NO. BL2007-102 (Dominy)
Approved by Planning Commission
Referred to ECD Board
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 the Luna Court between Cherokee Hills Drive and Gasser Drive as “Luna Circle” (Proposal No. 2007M-211U-13).

BILL NO. BL2007-103 (Page)
Approved by Planning Commission
and Traffic & Parking Commission (6-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Car Sum, 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 the right-of-way for Alley No. 1893 (Proposal No. 2007M-242U-11).

BILL NO. BL2007-104 (Gilmore)
Disapproved by Planning Commission
Approved by Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Kennedy Capital Group, 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 the right-of-way for Alley No. 236 (Proposal Number 2007M-179U-10).

BILL NO. BL2007-105 (Coleman)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing Olive Branch Baptist Church to install, construct and maintain a sign encroachment, consisting of warning traffic beacons in the right-of-way, at 5988 Cane Ridge Road (Proposal No. 2007M-239G-12).

BILL NO. BL2007-106 (Toler, Cole, Evans)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 2E, Project No. 06-SL-70.

BILL NO. BL2007-107 (Cole, Evans)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Turnberry Homes to provide public sewer service in Davidson and Williamson County to Catalina Phase 1, Project No. 07-SL-6.

BILL NO. BL2007-108 (Harrison, Jameson & others)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 1525 Natchez Trace, 200 West Maplewood Lane, 1700 18th Avenue South, 7689 Highway 70 South, Sidco Drive, 4044 Andrew Jackson Way, 1900 Eastland Avenue, 1136 Myatt Boulevard, 714 Stewarts Ferry Pike, 322 Hermitage Avenue, 2050 and 2054 Rosa L Parks Boulevard, Temple Road, Hurricane Creek Boulevard, 1501 Chadwell Drive, 1413, 1415, 1411 4th Avenue North, 4th Avenue North, and 501 Church Street.

BILL NO. BL2008-111 (Tygard, Ryman & others)
Referred to Budget & Finance
and Personnel Committees

An ordinance amending Title 3 of the Metropolitan Code pertaining to health insurance benefits for members of the Metropolitan Council, all of which is more particularly described herein.

- BILLS ON THIRD READING –

BILL NO. BL2007-45 (Holleman, Jameson & others)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Section 17.40.410 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow the Historic Zoning Commission to determine the maximum building size and the building area within which a building can be located, including setbacks and height, for properties within historic overlay districts, all of which is more specifically described herein (Proposal No. 2007Z-113T).

BILL NO. BL2007-66 (Hunt, Claiborne, Hodge)
(As Amended)
Approved by Public Safety Committee

An ordinance amending Chapter 12 of Article 11 of the Metropolitan Code to prohibit aggressive panhandling and certain other panhandling activities.

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. BL2007-80 (Evans, Cole)
Approved by Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Wells Property to provide public sewer service in Williamson County to Wells Property, Project No. 07-SL-187.

BILL NO. BL2007-81 (Evans, Cole)
Approved by Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Cates-Kottas Development, to provide public sewer service in Williamson County to Benington Subdivision, Section 4, Project No. 06-SL-183.

BILL NO. BL2007-82 (Craddock, Cole)
Approved by Budget & Finance
and Public Safety Committees

An ordinance accepting a donation of equipment to The Metropolitan Government of Nashville and Davidson County by Vanderbilt University for the use and benefit of the Metropolitan Nashville Police Department.

BILL NO. BL2007-83 (Evans, Toler & others)
Approved by Planning Commission
Public Works and Planning & Zoning Committees

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 0 and 13105 Old Hickory Boulevard, 2708 Wortham Avenue, 218 Crestview Drive, 112 Harding Place, 100 White Bridge Pike, 0 and 7107 Carothers Road, 1100 Russell Street, 5725, 5729, 5733, 5737, 5741, 5745, 5749, 5753, 5757, 5761, 5765, 5769, 5773, 0 Maudina Avenue, 4900 Centennial Boulevard, 8672 Burkitt Place Drive, 2827 Murfreesboro Pike, 468 Ponder Place, 870 Murfreesboro Pike, 8100 Highway 100, 1000 Church Street, and 0 McCrory Lane.

BILL NO. BL2007-84 (Claiborne)
Disapproved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
96-1-10 Harwell Motor Company, Inc.
Requested by: Metro Planning Department

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 approved by Ordinance No. BL2007-1410 for property located at 2730 Lebanon Pike, approximately 260 feet west of Old Lebanon Pike, approved for an "automobile repair" use and all other uses permitted by the CS zoning district (1.49 acres), to require the installation of sidewalks along Lebanon Pike, all of which is described herein (Proposal No. 2007SP-064U-14).

BILL NO. BL2007-87 (Jameson)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
93-11-252 RMH Land Investment LLC
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 CF to SP district and final site plan approval for property located at Middleton Street (unnumbered), between Middleton Street and Rolling Mill Hill Road (.48 acres), zoned CF and within the Rutledge Hill Redevelopment District, to permit no maximum height at the property line for the "District Building", all of which is described herein (Proposal No. 2007SP-186U-09).

BILL NO. BL2007-88 (Craddock)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
42-013 Cornerstone Church

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 RS20 to CS district property located at 335 Boyd's Hilltop Drive, abutting the east margin of I-65 and north of Old Hickory Boulevard (1.06 acres), all of which is described herein (Proposal No. 2008Z-001G-04).

BILL NO. BL2007-90 (Mitchell)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
126-147 & 565 Trinity Land Group LLC
Requested by: Civil Site Design Group

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS10 zoning property located at 7972 McCrory Lane and a portion of property located at Beautiful Valley (unnumbered), approximately 1,735 feet north of I-40 (2.87 acres), all of which is described herein (Proposal No. 2007Z-149G-06).

BILL NO. BL2007-91 (Ryman)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
34-6-23 Arles Scotty Green, et al
Requested by: Richard Binkley

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 CS property located at Spring Branch Drive (unnumbered), approximately 250 feet east of Myatt Drive (1.47 acres), all of which is described herein (Proposal No. 2007Z-177G-04).

BILL NO. BL2007-93 (Mitchell)
Disapproved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
102-78 West Harpeth Funeral Home, LLC
Requested by: William Gregory

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 CS property located at 6962 Charlotte Pike, approximately 860 feet west of I-40 (2.08 acres), all of which is described herein (Proposal No. 2007Z-179U-06).

BILL NO. BL2007-97 (Harrison, Cole)
Approved by Planning Commission (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
81-4-239 Apartment Development Services LTD
Requested by: American Realty Trust, 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 CS to RM15 zoning property located on Athens Way approximately 510 feet south of Metrocenter Boulevard (5.62 acres), all of which is described herein (Proposal No. 2007Z-077U-08).

BILL NO. BL2007-98 (Harrison, Coleman)
Approved by Planning Commission (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
81-4-239 Apartment Development Services LTD
Requested by: American Realty Trust, 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 making applicable the provisions of a preliminary PUD approval for property located at Athens Way (unnumbered), approximately 510 feet south of Metrocenter Boulevard (5.62 acres), to permit a 64 unit multi-family complex in 4 buildings, all of which is described herein (Proposal No. 2007P-002U-08).

BILL NO. BL2007-99 (Harrison)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
81-4-226 Bernard L. Weinstein & Associates
Requested by: American Realty Trust, 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 amending the Parc at Metro Center Residential Planned Unit Development district located abutting the north side of Dominican Drive and the west side of Athens Way, (6.25 acres), to increase from 98 to 118 multi-family units in Phase 2, all of which is described herein (Proposal No. 2003P-009U-08).

BILL NO. BL2007-100 (Toler)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow vehicular rental/leasing as a permitted use in the SCR district, all of which is more specifically described herein (Proposal No. 2008Z-004T).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2007-38 (Crafton)
Referred to Education
and Public Safety Committees

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to consider tying driving privileges for persons under twenty-one years to progress toward high school graduation.

RESOLUTION NO. RS2008-135 (Crafton, Todd & others)
Referred to Rules Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require voter verified paper ballot systems for all elections.

RESOLUTION NO. RS2008-136 (Maynard, Matthews & others)
Referred to Budget & Finance Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to impose restrictions on the amount of fees state chartered banks can charge for cashing checks and for insufficient funds.

RESOLUTION NO. RS2008-137 (Crafton)
Referred to Education Committee

A resolution requesting the Commissioner of the Tennessee Department of Education to make a recommendation as to whether it is appropriate that the Metropolitan Nashville Director of Schools be removed by the Tennessee Board of Education.