Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, January 19, 2010
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
Nominations to fill one (1) vacancy; election on February 2, 2010.

Metropolitan Development & Housing Agency
Appointment of Mr. Arnett Bodenhamer for a term expiring November 5, 2015.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1088 (Steine, Cole)
Referred to Budget & Finance
and Convention & Tourism Committees

A resolution approving the issuance of Tourism Tax Revenue Bonds by the Convention Center Authority of The Metropolitan Government of Nashville and Davidson County, Tennessee and the execution and delivery of an Intergovernmental Project Agreement (Convention Center Project) by and among The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Development and Housing Agency of The Metropolitan Government of Nashville and Davidson County, Tennessee and the Convention Center Authority of The Metropolitan Government of Nashville and Davidson County, Tennessee.

RESOLUTION NO. RS2010-1089 (Crafton)
Referred to Budget & Finance
and Convention & Tourism Committees

A resolution calling a county-wide referendum election to ascertain the will of the people regarding the issuance of bonds by the Convention Center Authority to be secured by any revenues of the Metropolitan Government for the construction of a new Downtown Convention Center, and appropriating an amount not to exceed Three Hundred Thousand Dollars from the tourism taxes in the Convention Center Fund to provide the necessary funds for the referendum.

RESOLUTION NO. RS2010-1090 (Steine)
Referred to Budget & Finance Committee

A resolution approving an application for an Energy Efficiency and Conservation Block Grant from the United States Department of Energy to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville General Services Department, to assist eligible entities in reducing fossil fuel emissions and total energy use and to improve energy efficiency in the building and transportation sectors.

RESOLUTION NO. RS2010-1091 (Steine)
Referred to Budget & Finance Committee

A resolution approving an application for a Cities of Service Leadership Grant from the Cities of Service to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Mayor’s Office, to support the position of Chief Service Officer to lead local efforts to develop and implement a comprehensive service plan on behalf of the Mayor.

RESOLUTION NO. RS2010-1092 (Steine)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution approving Amendment One to a grant agreement from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to perform Section 106 environmental review necessary for development proposals using federal funds to determine potential adverse effects to historic properties.

RESOLUTION NO. RS2010-1093 (Steine, Gotto)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution appropriating $180,000 in grant funds from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Planning Commission, to provide transportation and planning activities to support development of state and local land use strategies.

RESOLUTION NO. RS2010-1094 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, to provide homes for dogs at Metro Animal Control and vocational training for offenders.

RESOLUTION NO. RS2010-1095 (Baker, Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the Staffing for Adequate Fire and Emergency Response Program (SAFER) Grant from the U. S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, for the recruitment and hiring of eighty new firefighters.

RESOLUTION NO. RS2010-1096 (Baker, Steine)
Referred to Budget & Finance Committee

A resolution approving Amendment One to the American Recovery and Reinvestment Act of 2009 Byrne Justice Assistance Grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County to add additional staff to provide supervision and treatment services to non-violent felony offenders with substance abuse problems.

RESOLUTION NO. RS2010-1097 (Steine)
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. RS2010-1098 (Steine)
Referred to Budget & Finance Committee

A resolution approving a grant from the National Center for Civic Innovation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Finance Department, to enable the expenditure of unspent funds from its government performance reporting trailblazer program.

RESOLUTION NO. RS2010-1099 (Steine)
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 Program funds to establish programs in assisting older youth in Wilson County (LW09F105SSSWA10).

RESOLUTION NO. RS2010-1100 (Steine)
Referred to Budget & Finance
and Personnel Committees

A resolution approving Amendment One to 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 Skill Shortage Administrative funds for Local Union 572 and TRW Automotive - Lebanon (09-09-FY9-5MN-STATE).

RESOLUTION NO. RS2010-1101 (Steine)
Referred to Budget & Finance
and Personnel Committees

A resolution approving Amendment One to 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 Skill Shortage Program funds for Plumber and Pipefitter Local Union 572 and TRW Automotive - Lebanon (08-09-FY8-3SS-RSPNC).

RESOLUTION NO. RS2010-1102 (Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a Community Services Block Grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission, for the receipt of funds from The American Recovery and Reinvestment Act of 2009 to assist low income individuals in meeting their basic needs.

RESOLUTION NO. RS2010-1103 (Steine, Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution to appropriate American Recovery and Reinvestment Act funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Early Head Start Program by funding a comprehensive child development program.

RESOLUTION NO. RS2010-1104 (Steine, Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract and business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Meharry Medical College to provide training experiences for MSPH students of Meharry.

RESOLUTION NO. RS2010-1105 (Steine, Hunt, Jernigan)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with the Old Hickory Utility District for the acceptance and treatment by the Metropolitan Government of Nashville and Davidson County of sewage flow from the Old Hickory Utility District’s sewage collection system.

RESOLUTION NO. RS2010-1106 (Jameson, Steine & others)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville & Davidson County for improvements on the Shelby Avenue Continuation/Gateway Boulevard/Korean Veterans Boulevard from 4th to 8th Avenues South, Pin No. 113441.00.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-616 (Page)

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 24, 2009.

BILL NO. BL2010-617 (Jameson)

An ordinance amending Chapter 7.16 of the Metropolitan Code pertaining to the location restrictions for the issuance of a certificate of compliance to sell liquor within certain areas of downtown Nashville.

BILL NO. BL2010-618 (Harrison)
Approved by Planning Commission
and Traffic & Parking Commission
Requested by: T. Pool Manager, 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 Alley No. 1609 (Proposal No. 2009M-008AB-001).

BILL NO. BL2010-619 (Gilmore)
Approved by Planning Commission

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 McLemore Street to “YMCA Way” (Proposal No. 2009M-004SR-001).

BILL NO. BL2010-620 (Gilmore)

An ordinance naming Music Square East between Grand Avenue and Buddy Killen Circle as “Patsy Cline Boulevard” (Proposal No. 2010M-001SR-001).

- BILLS ON SECOND READING -

BILL NO. BL2009-600 (Jernigan)
Referred to Public Safety Committee

An ordinance amending Chapter 7.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a Caterer’s Beer Permit, a Special Events Beer Permit, or a Temporary Beer Permit.

BILL NO. BL2009-601 (Jernigan)
Referred to Traffic & Parking Commission
and Traffic & Parking Committee

An ordinance amending Section 12.40.070 of the Metropolitan Code to allow parking on both sides of certain narrow streets in the Old Hickory area.

BILL NO. BL2009-602 (Claiborne)
Referred to Codes Committee

An ordinance amending Chapter 16.08 of the Metropolitan Code to prohibit the issuance of a permit to move a house, building, or structure if the applicant or owner has been found guilty within the past twelve months of violating the Code provisions pertaining to the moving of houses.

BILL NO. BL2009-605 (Jameson, Hunt)
Approved by Planning Commission
and Planning & Zoning Committee
Referred to Public Works Committee

An ordinance abandoning a 15 foot public utility easement which contains private sanitary sewer lines in connection with Project 09-SL-0029, East River Apartments Abandonment shown on Map 082-12, Parcel 013.00, 714 Ramsey Street, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-057ES-001).

BILL NO. BL2009-606 (Bennett)
Referred to Health, Hospitals & Social Services Committee

An ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to the outdoor sale or gifting of animals.

BILL NO. BL2009-607 (Gotto, Steine)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committees

An ordinance granting a franchise to Access Fiber Group, Inc., to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2009M-003FR-001).

BILL NO. BL2009-608 (Steine, Hunt)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7393, Metro Water Services (MWS) Project Nos. 04-SG-097 and 04-WG-0083, with the State of Tennessee, Department of Transportation, Project No. 19021-2244-94, to relocate certain facilities, located on the public highway right-of-way, located in Davidson County.

BILL NO. BL2009-609 (Toler, Hunt)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning a 10 inch public utility drainage easement in connection with Project 009-AB-0002, Forest Acres Abandonment, shown on Map 172, Parcel 133.00 and authorizing the execution of the documents to carry out said abandonment (Proposal No. 2009M-083ES-001).

BILL NO. BL2009-610 (Moore, Hunt)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning an 8 inch sanitary sewer line and easement and accepting a relocated 8 inch sanitary sewer line and easement in connection with Project 08-SL-0100, Morning Star Missionary Baptist Church, shown on Map 105, Parcel 008.00, 19 Hart Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-079ES-001).

BILL NO. BL2010-611 (Mitchell, Wilhoite)
Referred to Budget & Finance
and Convention & Tourism Committees

An ordinance amending Chapter 4.12 of the Metropolitan Code to establish best value contracting, minority participation, and local construction and maintenance contracts as the required method of procurement for contracts related to new Convention Center and Hotel facilities on real property owned by the Metropolitan Government or any of its agencies.

BILL NO. BL2010-612 (Baker, Dominy)
Referred Public Safety Committee

An ordinance amending Section 12.40.200 of the Metropolitan Code pertaining to the starting of parked vehicles.

BILL NO. BL2010-613 (Claiborne)
Referred to Codes Committee

An ordinance amending Title 16 of the Metropolitan Code pertaining to the moving of houses and other buildings or structures.

BILL NO. BL2010-614 (Steine, Claiborne)
Referred to Budget & Finance
and Personnel-Public Information Committees

An ordinance amending Chapters 6.08 and 6.10 of the Metropolitan Code of Laws pertaining to the organizational structure governing the provision of education, community, and arts television programming.

BILL NO. BL2010-615 (Craddock, Hunt)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the assumption and takeover by The Metropolitan Government of Nashville and Davidson County of all public functions, rights, duties, property, assets, and liabilities connected with Madison Suburban Utility District and assuming service jurisdiction.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2007-30 (Duvall)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
164-43 D.L. Buttrey, et ux
Requested by: Digidata Corporation

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 district located at 3214 Murfreesboro Road, approximately 1,590 feet north of Mt. View Road and located within the Hamilton Hills Urban Design Overlay district (9.6 acres), to permit 126 flat units and 39 townhome units, all of which is described herein (Proposal No. 2007Z-157U-13).

BILL NO. BL2009-586 (Jameson, Gilmore)
(As Amended)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee

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 modify Title 17 relative to the creation of a new zoning district called the “Downtown Code” (DTC), all of which is more particularly described herein (Proposal No. 2009Z-031TX-001).

BILL NO. BL2009-587 (Jameson, Gilmore)
Approved by Planning & Zoning Committee

An ordinance to amend Titles 7, 11 and 13 of the Metropolitan Code relative to the creation of a new zoning district called the “Downtown Code” (DTC), which will replace the zoning district “Commercial Core” (CC) that is currently referenced in multiple Titles within the Metropolitan Code.

BILL NO. BL2009-588 (Jameson, Gilmore)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
Various Maps, Various Owners
Requested by: Metropolitan Government, Metro Planning Dept.

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 CC, CF, CS, IG, IR, MUI, MUL, MUN, IWD, and OR20 to DTC for various properties located north of I-40 and south of Jefferson Street (823.92 acres), all of which is described herein (Proposal No. 2009Z-030PR-001).

BILL NO. BL2009-589 (Moore)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
106-6-1 Lineage Realty Co, Inc.
Requested by: Tennessee Motors of Murfreesboro, 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 SP zoning for property located at 570 Murfreesboro Pike, approximately 820 feet east of Fesslers Lane (1.28 acres), to permit an existing structure to be utilized for auto sales (used), auto repair, and vehicular leasing, all of which is described herein (Proposal No. 2009SP-028-001).

SUBSTITUTE BILL NO. BL2009-590 (Harrison)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
81-2-123; 81-6-283, 285, 286, 287, 288, 289,480, 485; 81-6-B-1, 2, 3 T. Pool Manager, LLC & Emerald Estock LLC
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 IWD and CS to SP zoning for properties located at 404, 2404, 2406, 2408, 2410, 2412 and 2418 Clarksville Pike, 2111, 2113 and 2113-B 24th Avenue North, 2104 25th Avenue North and 25th Avenue North (unnumbered), at the northwest corner of Clarksville Pike and 24th Avenue North (2.25 acres), all of which is described herein (Proposal No. 2009SP-027-001).

BILL NO. BL2009-591 (Moore)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
105-8-242 Sawa Saber

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 1535 4th Avenue South, approximately 200 feet north of Moore Avenue (0.3 acres), to permit automobile sales (used), automobile service, and retail, all of which is described herein (Proposal No. 2009SP-030-001).

BILL NO. BL2009-592 (Matthews)
Approved by Planning Commission (5-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
58 Part of Parcel 181 Word of Life Christian Center, 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 CS zoning for a portion of property located at 4100 Clarksville Pike, approximately 1,300 feet south of Kings Lane (0.16 acres), all of which is described herein (Proposal No. 2009Z-039PR-001).

BILL NO. BL2009-593 (Moore)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
106-6-73 Joslin Sign & Maintenance Co.

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 630 Murfreesboro Pike, at the northwest corner of Murfreesboro Pike and Transit Avenue (2.65 acres), to permit auto sales, vehicular leasing, vehicular sales and services, limited, heavy equipment sales and service, auto repair, a car wash, and all other uses permitted by CS zoning, all of which is described herein (Proposal No. 2009SP-029-001).

BILL NO. BL2009-594 (Harrison)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
69-16-54 Mark Driver
Requested by: Civil Design Consultants, 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 RS10 to SP zoning property located at 3605 Hydes Ferry Pike, at the southwest corner of Hydes Ferry Pike and E. Stewarts Lane (5.43 acres), to permit 21 multi-family units and a community clubhouse, all of which is described herein (Proposal No. 2009SP-017-001).

BILL NO. BL2009-596 (Coleman)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
164 Part of Parcel 201; 164-272 Belz-McDowell Properties
Requested by: Civil Site Design Group, PLLC

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 and AR2a to SP zoning for property located at Old Hickory Boulevard (unnumbered) and a portion of property located at Murfreesboro Pike (unnumbered), at the southeast corner of Murfreesboro Pike and Hobson Pike (12.91 acres), to permit the development of 112 residential dwelling units and 20,000 square feet of retail or office uses in 2 structures, all of which is described herein (Proposal No. 2009SP-024-001).

BILL NO. BL2009-598 (Duvall, Dominy)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
150-00-364 Nashville Venture No. One L.P.
Requested by: CPH Engineers, 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 approval for the Nashville Corners Shopping Center Commercial Planned Unit Development for property located at Murfreesboro Pike (unnumbered), approximately 750 feet south of Hamilton Church Road (2.6 acres), zoned CS, to permit 21,250 square feet of restaurant and retail space and to allow access directly to Murfreesboro Pike, all of which is described herein (Proposal No. 2009P-004-001).

BILL NO. BL2009-599 (Moore, Langster, Gilmore)
Approved by Federal Grants Review Committee

An ordinance authorizing the Metropolitan Mayor to submit a five year Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

BILL NO. BL2009-603 (Hunt)
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. 2009M-0030T-001).

BILL NO. BL2009-604 (Coleman, Steine, Matthews)
(As Amended)
Approved by Planning Commission
Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of three tracts of real property located West of Old Hickory Boulevard, in the vicinity of Murfreesboro Road and Hobson Pike, further described as being a portion of Tax Map 175, land to be donated for the use and benefit of the Metropolitan Board of Parks and Recreation (Proposal No. 2009M-023PR-001).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2009-1067 (Stanley)
Referred to Budget & Finance Committee

A resolution requesting the Mayor and the Director of Public Property Administration to retain possession and control of property located at the corner of the Lebanon Pike and Stewart’s Ferry Pike intersection until the appropriate use for the property is determined.

RESOLUTION NO. RS2010-1107 (Stanley)
Referred to Codes
and Health, Hospitals & Social Services Committees

A resolution encouraging Mayor Karl Dean to include appropriate funding for the Excessive Vegetation Growth Program as part of the proposed fiscal year 2010-2011 operating budget for the Metropolitan Government.