Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, February 2, 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
Election of one (1) member to fill a vacancy for a term expiring August 23, 2013.
Nominees: Ms. Natasha Blackshear, Mr. Carnell Scruggs, Mr. Geric Smith.

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

- RESOLUTIONS -

RESOLUTION NO. RS2010-1108 (Hodge, Gotto, Gilmore)
Referred to Rules Committee

A resolution electing one member to the Board of Directors of the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2010-1109 (Tygard, Steine)
Referred to Budget & Finance
Health, Hospitals & Social Services
and Personnel Committees

A resolution approving an Intergovernmental Agreement Amendment by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Nashville Hospital Authority to change the Metropolitan Nashville Hospital Authority employee benefits system.

RESOLUTION NO. RS2010-1110 (Steine)
Referred to Budget & Finance Committee

A resolution approving an application for a Major Cultural Institution grant from the Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2010-1111 (Steine)
Referred to Budget & Finance Committee

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Pitney Bowes for the lease of a postal mail metering system.

RESOLUTION NO. RS2010-1112 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an Intergovernmental Agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the City of Cookeville, Tennessee, for the distribution of state grant funds to assist with investigations of internet crimes against children.

RESOLUTION NO. RS2010-1113 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an Intergovernmental Agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and Dickson County, Tennessee, for the distribution of state grant funds to assist with investigations of internet crimes against children.

RESOLUTION NO. RS2010-1114 (Steine, Hunt)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing the Metropolitan Government of Nashville and Davidson County to participate with the Williamson County Government to improve the public sewer service to the Town of Nolensville Fire Hall located at 7347 Nolensville Road in Williamson County by extending Metro’s sewer main along Nolensville Road (Project No. 09-SG-0046).

RESOLUTION NO. RS2010-1115 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle Paul Young’s claims against the Metropolitan Government of Nashville and Davidson County for the amount of $9,000.00, and directing that this amount be paid from the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-621 (Ryman)

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to prohibit holders of revoked licenses or permits from operating within Davidson County even on an occasional basis and require approval of the Metropolitan Transportation Licensing Commission prior to performance of nonconsent tows.

BILL NO. BL2010-622 (Jernigan)

An ordinance amending Chapter 16.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a permit for the erection of a temporary structure.

BILL NO. BL2010-623 (Holleman)
Approved by Planning Commission
and Traffic & Parking Commission (6-1)
Requested by: Montgomery Bell Academy

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 Brighton Road (Proposal No. 2009M-009AB-001).

BILL NO. BL2010-624 (Toler, Hunt)
Approved by Planning Commission

An ordinance abandoning a 10 foot 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. BL2010-625 (Langster, Gilmore & others)
Approved by Planning Commission

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2855 Logan Street, 2050 Lucas Lane, Lucas Lane, 1st Avenue North, 2nd Avenue North, 1512 2nd Avenue North, 234 B Davenport Drive, 3183 Hamilton Church Road, Century Boulevard, 1318 Baptist World Center Drive, 1715 Broadway, 4200 Kenilwood Drive, 7102 Highway 70 South, 1007 Murfreesboro Pike, 331 Great Circle Road, 201 North 8th Street, 714 Ramsey Street, 2300 Patterson Street, 3822 Cleghorn Avenue, 2126 Abbott Martin Road, 5144 Hickory Hollow Parkway, 19 Hart Street, 6604 Charlotte Pike, and 100 Airpark Center East.

BILL NO. BL2010-626 (Forkum)
Map & Parcel No./Owner:
43-11; 43-14; 43-15; 52-2; 52-3; 52-6 Various Parcels, Various Owners
Requested by: Councilman Forkum

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 RS7.5 to RS20 zoning for various properties along Larchmont Drive between State Route 45 and N. Dupont Avenue (7.39 acres), and from RS10 to RS40 zoning for various properties along Hillcrest Drive, Neelys Bend Road, and Randy Road (103.91 acres), all of which is described herein (Proposal No. 2010Z-003PR-001).

BILL NO. BL2010-627 (Gilmore)
Map & Parcel No./Owner/Requested by:
105-1 Part of Parcel 233 Villa Properties Joint Venture 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 making applicable the provisions of a preliminary approval for the Taco Mamacita Planned Unit Development for a portion of property located at 1200 Villa Place, at the southeast corner of Villa Place and Edgehill Avenue, zoned RS5 (1.07 acres), to permit the sale of beer for on-premises consumption in an existing 4,443 square foot restaurant thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-005-001).

BILL NO. BL2010-628 (Toler)
Approved by Planning Commission (10-0)
Map & Parcel No./Owner:
172-32 Regent Parkside LLC
Requested by: Anderson, Delk, Epps & Assoc.

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 Parkside Specific Plan District located at 5940 Mt. Pisgah Road, approximately 830 feet east of Edmondson Pike, (10.2 acres), zoned SP, to permit 31 single-family dwelling units where 30 were previously approved, all of which is more particularly described herein (Proposal No. 2007SP-057-001).

BILL NO. BL2010-629 (Bennett)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
61-11-156 Russell B. Johns
Requested by: William J. Evans

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 RS7.5 to SP zoning for property located at 1022 Virginia Avenue, approximately 180 feet west of Gallatin Pike (0.13 acres), to permit a general office use within a single-family dwelling unit, all of which is described herein (Proposal No. 2009SP-034-001).

BILL NO. BL2010-630 (Baker)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner/Requested by:
91-12-54 Toni J. Rothfuss

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 OR20 zoning for property located at 4400 Indiana Avenue, at the northwest corner of Indiana Avenue and 44th Avenue North (0.28 acres), all of which is described herein (Proposal No. 2009Z-041PR-001).

BILL NO. BL2010-631 (Duvall)
Map & Parcel No./Owner:
Map 150-14-0-C Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31
Map 164-196, Part of Parcel 193 Various Owners
Requested by: Councilman Duvall

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 an Urban Design Overlay (UDO) district to be known as the "Fawn Crossing UDO" to properties located at 6052 Mt. View Road and at Hamilton Church Road (unnumbered) and for properties located along Shady Tree Lane and Apple Orchard Trail, zoned RS10 (107.69 acres), to apply building design standards to all residential lots within the proposed and already-developed sections of the Fawn Crossing Subdivision, all of which is more particularly described herein (Proposal No. 2010UD-001-001).

BILL NO. BL2010-632 (Toler)
Map & Parcel No./Owner/Requested by:
173-58 Matthew & Cynthia Grace

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 1101 Barnes Road, approximately 250 feet north of Barnes Bend Drive (3.0 acres), all of which is described herein (Proposal No. 2010Z-002PR-001).

BILL NO. BL2010-633 (McGuire)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner:
118-9-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 & 900 Various Owners
Requested by: Councilman McGuire & James U. Rust IV

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 SP zoning for property located at 1112 Clifton Lane, at the northeast corner of Clifton Lane and Granny White Pike, to permit 25 existing dwelling units where 20 dwelling units were legally approved by the Codes Administration Department (2.09 acres), all of which is described herein (Proposal No. 2009SP-032-001).

BILL NO. BL2010-634 (Hunt, Toler)

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County relative to “Construction/Demolition Landfill” in Nashville and Davidson County (Proposal No. 2010Z-003TX-001), all of which is more particularly described herein.

BILL NO. BL2010-635 (Hunt, Toler)

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 the definitions, land use table, and development standards to add a new land use “Construction/Demolition Waste Processing (project-specific)” as a use permitted with conditions (PC) in Nashville and Davidson County (Proposal No. 2010Z-004TX-001), all of which is more particularly described herein.

- BILLS ON SECOND READING -

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. BL2010-614 (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. BL2010-616 (Page)
Referred to 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 24, 2009.

BILL NO. BL2010-617 (Jameson)
Referred to Public Safety Committee

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
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
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
and ECD Board (6-0)
Referred to 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 changing the name of McLemore Street to “YMCA Way” (Proposal No. 2009M-004SR-001).

- BILLS ON THIRD READING -

BILL NO. BL2009-586 (Jameson, Gilmore)
(As Amended)
Approved by Planning Commission (6-0)
and 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)
and 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. BL2009-605 (Jameson, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

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)
Approved by 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
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)
(As Amended)
Approved by 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. BL2009-610 (Moore, Hunt)
Approved by Planning Commission
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. BL2010-613 (Claiborne)
Approved by Codes Committee

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

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2010-1107 (Stanley)
Approved by Codes Committee
Referred to Health, Hospitals & Social Services Committee

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.