Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, April 7, 2009
6:30 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Industrial Development Board
Election to fill one vacancy. Nominees: Mr. Richard Fulton, Mr. Geric Smith, Mr. Frank Stevenson.

Educational Access Corporation
Reappointment of Mr. Richard Tennent for a term expiring February 5, 2012.
Reappointment of Mr. T. C. Weber for a term expiring February 5, 2012.

Board of Equalization
Appointment of Ms. Connie Hardin for a term expiring April 1, 2010.
Ms. Hardin will fill the unexpired term of Mr. Preston Balthrop and represent the General Services District.

Traffic & Parking Commission
Reappointment of Mr. Feller Brown for a term expiring April 3, 2014.

Zoning Appeals Board
Appointment of Mr. David Harper for a term expiring February 26, 2014.
Appointment of Mr. Richard P.King for a term expiring February 26, 2014.

- RESOLUTIONS -

RESOLUTION NO. RS2009-684 (Forkum)
Referred to Budget & Finance Committee

A resolution approving the plan for the reappraisal and equalization of assessments in Davidson County as submitted by the Metropolitan Assessor of Property, and approving receipt of state funds to assist in the cost of the reappraisal.

RESOLUTION NO. RS2009-685 (Forkum, Bennett)
Referred to Budget & Finance
and Public Safety Committees

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

RESOLUTION NO. RS2009-686 (Hunt, Forkum)
Referred to Budget & Finance
and Parks Committees

A resolution accepting a grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to construct a new playground, playground safety surface, picnic pavilion, and community center renovation for the Metro Park located on Morgan Road in Joelton.

RESOLUTION NO. RS2009-687 (Matthews, Forkum, Gotto)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution appropriating $125,000.00 to the Metropolitan Planning Commission pursuant to a grant from Bells Landing Partners, LLC, to fund studies required for the proposed May Town Center Development Project.

RESOLUTION NO. RS2009-688 (Forkum)
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 UCW, Incorporated.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-417 (Murray, Cole)

An ordinance amending Chapter 6.72 of the Metropolitan Code of Laws in its regulation of taxicab companies to require both a physical place of business within Davidson County and twenty-four hour call and dispatch services.

BILL NO. BL2009-418 (Bennett, Duvall)

An ordinance amending Section 8.12.030 of the Metropolitan Code of Laws to define the appropriate length of outdoor pet tethers.

BILL NO. BL2009-419 (Burch)

An ordinance amending Section 12.08.150 of the Metropolitan Code pertaining to the impoundment and/or booting of vehicles illegally parked within the area of Metropolitan Government.

BILL NO. BL2009-420 (Gilmore, Cole)

An ordinance authorizing the Metropolitan Mayor to submit an Amendment to the Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

BILL NO. BL2009-421 (Forkum)
Approved by Planning Commission

An ordinance approving six leases between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Juvenile Court, and the Metropolitan Development and Housing Agency for space to be used for the Truancy Reduction Program (Proposal No. 2009M-004PR-001).

BILL NO. BL2009-422 (Mitchell)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
156-7, 8 Eric & Beth Lewis

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 RS40 to AR2a zoning for properties located at 7978 and 7984 Highway 100, approximately 700 feet east of Temple Road (6.97 acres), all of which is described herein (Proposal No. 2009Z-011PR-001).

BILL NO. BL2009-423 (Gilmore)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
92-7-378 Artmas L. Worthy

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 RM20 zoning for property located at 1817 Jo Johnston Avenue, approximately 430 feet west of Dr. D.B. Todd, Jr. Boulevard (0.13 acres), all of which is described herein (Proposal No. 2009Z-016PR-001).

BILL NO. BL2009-424 (Hunt)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
32-9, 136, 146 Reinhold Holtkamp et ux

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 AR2a zoning for properties located at 4370 and 4412 Brick Church Pike and Brick Church Pike (unnumbered), at the southwest corner of Brick Church Pike and Jackson Road (84.51 acres), all of which is described herein (Proposal No. 2009Z-012PR-001).

BILL NO. BL2009-425 (Gilmore)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
82-9-327,328, 329, 330, 331, 332, 334 R & S Allen Family Limited Partnership
Requested by: MRK Development, 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 MUN zoning for properties located within the Phillips-Jackson Street Redevelopment District and Germantown Historic Preservation District at 312 Madison Street, 1200, 1208, 1210, 1214, 1216, and 1218 4th Avenue North, at the northeast corner of 4th Avenue North and Madison Street (1.38 acres), all of which is described herein (Proposal No. 2009Z-009PR-001).

BILL NO. BL2009-426 (Barry)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
104-8-64, 66, 67 Vanderbilt University

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 MUL to MUI zoning for properties located within the Hillsboro Village Urban Design Overlay at 1501, 1505, and 1507 21st Avenue South, at the southwest corner of 21st Avenue South and Pierce Avenue (1.27 acres), all of which is described herein (Proposal No. 2009Z-013PR-001).

BILL NO. BL2009-427 (Mitchell)
Map & Parcel No./Owner
127 Part of Parcels 2, 249, 269 Edward Underwood et ux, Sydney Rogers, Sydney Bennett
Requested by: Councilman Mitchell

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 R80 to AR2a zoning for a portion of properties located at 7554 and 7578 Buffalo Road and Buffalo Road (unnumbered), approximately 2,800 feet north of Highway 70 (8.27 acres), all of which is described herein (Proposal No. 2009Z-020PR-001).

BILL NO. BL2009-428 (Gilmore)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
93-14-499 John & Gayle Horrell

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CF to SP zoning for property located at 809 5th Avenue South, approximately 150 feet south of Ash Street (0.69 acres), to permit wrecker service, auto repair and all other uses permitted in the CF zoning district, all of which is described herein (Proposal No. 2009SP-004-001).

BILL NO. BL2009-429 (Murray, Dominy)
Approved by Planning Commission (7-0-1)
Map & Parcel No./Owner/Requested by:
82-8-137 C.R. & Sheridath Blackwood

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 RM15 zoning for property located within the Greenwood Neighborhood Conservation Overlay at 837 Cleveland Street, approximately 115 feet west of McFerrin Avenue (0.28 acres), all of which is described herein (Proposal No. 2009Z-010PR-001).

BILL NO. BL2009-430 (Holleman, Dominy)
Map & Parcel No./Owner
103-16 Various Parcels, Various Owners
116-4, Various Parcels, Various Owners
Requested by: 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 changing from R40 to RS40 zoning along Ensworth Place and from R40 to RS40 zoning along Ensworth Avenue which is also located in the Woodlawn West Neighborhood Conservation Overlay District (48.34 acres), all of which is described herein (Proposal No. 2009Z-021PR-001).

BILL NO. BL2009-431 (Jernigan, Gotto)
Map & Parcel No./Owner/Requested by:
65-13-39 Harold Lanier et ux

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 CS zoning for property located at 4801 Big Horn Drive, at the southeast corner of Big Horn Drive and Shshone Drive (0.38 acres), all of which is described herein (Proposal No. 2009Z-019PR-001).

BILL NO. BL2009-432 (Dominy)

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 add the land use “Historic Bed and Breakfast Homestay” as a special exception (SE) and a use permitted by right (P) rather than a classification of the historic overlay districts, all of which is more particularly described herein (Proposal No. 2009Z-004TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2008-352 (Crafton)
Referred to Budget & Finance
and Public Works Committees

An ordinance amending Chapters 15.20 and 15.36 of the Metropolitan Code pertaining to the amount of water and sewer capacity charges.

BILL NO. BL2009-401 (Gotto)
Approved by Planning Commission (8-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
86 Part of Parcel 215 JAI Ganesha LLC
Requested by: Civil and Environmental 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 amending a portion of the Commercial Planned Unit Development district located at 3887 Central Pike, approximately 700 feet east of Old Hickory Boulevard, zoned CS, (1.46 acres), to permit a 4-story, 67 room hotel where a 2-story, 47 room hotel was previously approved, all of which is more particularly described herein (Proposal No. 6-74-G-14).

BILL NO. BL2009-404 (Murray)
Referred to Rules Committee

An ordinance amending Chapter 2.64 of the Metropolitan Code pertaining to the employment of former members of Metropolitan Government boards and commissions.

BILL NO. BL2009-415 (Garrett, Gotto & others)
Referred to Health, Hospitals & Social Services Committee

An ordinance amending Title 10 of the Metropolitan Code pertaining to the posting and dissemination of calorie information on restaurant menus and menu boards.

- BILLS ON THIRD READING -

BILL NO. BL2008-351 (Gotto)
Referred to Budget & Finance Committee
Disapproved by Codes
and Public Works Committees

An ordinance amending Chapter 12.76 of the Metropolitan Code to provide maintenance standards for bridges owned or maintained by railroad companies.

BILL NO. BL2009-405 (Forkum)
Approved by Budget & Finance
and Personnel Committees

An ordinance amending Title 3 of the Metropolitan Code by authorizing in-line-of-duty medical treatment for Metropolitan Government employees who are not regularly employed.

BILL NO. BL2009-408 (Bennett)
(As Amended)
Approved by Planning Commission
Budget & Finance, Public Safety
and Planning & Zoning Committees

An ordinance approving a license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, and Gaylord Entertainment Company for the use of a boat ramp on the Cumberland River (Proposal No. 2009M-001OT-001).

BILL NO. BL2009-409 (Barry, Toler)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning an 8 inch water line and easement, and accepting a replacement 8 inch water line and easement, as shown on Map 104-12, Parcels 352 and 353, Project 08-WL-0080, Belmont University School of Pharmacy, 1510 Acklen Avenue and 1515 Wedgewood Avenue and authorizing the execution of any documents needed to execute the abandonment (Proposal No. 2008M-207U-10).

BILL NO. BL2009-412 (McGuire, Hunt)
Approved by Codes Committee
Referred to Public Safety Committee

An ordinance amending Chapter 6.04 of the Metropolitan Code to prohibit the placement and distribution of unauthorized advertisements in publications.

BILL NO. BL2009-413 (Barry, Bennett)
Approved by Budget & Finance
and Public Safety Committees

An ordinance approving a memorandum of understanding between The Metropolitan Government of Nashville and Davidson County and Belmont University to create a Joint Information Center on the Belmont University campus in the event of a major disaster.

BILL NO. BL2009-414 (Forkum, Langster & others)
Approved by Planning Commission
Budget & Finance
and Planning & Zoning Committees

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-WW and described below (Proposal No. 2009M-005PR-001).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2009-649 (Crafton, Claiborne)
Referred to Budget & Finance
and Convention & Tourism Committees

A resolution expressing the Metropolitan Council’s intent that the construction of the proposed downtown convention center and convention hotel be funded solely by revenue bonds that are not backed by the full faith and credit of the Metropolitan Government.

RESOLUTION NO. RS2009-681 (Crafton, Holleman)
Referred to Education Committee

A resolution expressing the Metropolitan Council’s desire that a fund be established to accept private donations for the purpose of funding English language classes at Cohn Adult Learning Center.

RESOLUTION NO. RS2009-689 (Maynard, Tygard)
Referred to Budget & Finance
and Education Committees

A resolution requesting the Mayor, the Director of Finance, and the Metropolitan Board of Public Education to examine the financial viability and market practices of selling naming rights to government-owned buildings and infrastructure, as well as advertising opportunities on government vehicles.

RESOLUTION NO. RS2009-690 (Mitchell)
Referred to Budget & Finance Committee

A resolution expressing the Metropolitan Council’s intent that federal economic stimulus funds received by the Metropolitan Government be used to purchase goods or services from United States companies.

RESOLUTION NO. RS2009-691 (Duvall, Gotto, Dominy)
Referred to Planning & Zoning Committee

A resolution expressing the Metropolitan Council’s desire that the Metropolitan Planning Commission notify adjacent counties whenever a subdivision request or zoning application is filed for property located on the county line.

RESOLUTION NO. RS2009-692 (Duvall, Wilhoite, Dominy)
Referred to Codes Committee

A resolution supporting SB0467/HB1562 currently pending in the Tennessee General Assembly that would allow local governments to enact more stringent blasting standards than the state law requirements.

RESOLUTION NO. RS2009-693 (Dominy)
Referred to Public Works Committee

A resolution requesting the Tennessee Department of Transportation to promote, encourage, and allow the growth of trees and vegetation within and along interstate rights-of-way to the maximum extent permitted under Federal Highway Administration regulations.

RESOLUTION NO. RS2009-694 (Dominy)
Referred to Education Committee

A resolution in support of the Fresh Fruits and Vegetables for Healthier Children Program.