Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, March 16, 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 member to fill a vacancy for a term expiring August 23, 2011.
Nominee: Rachel L. Bell

Action Commission
Reappointment of Ms. Adinah Robertson for a term expiring February 2, 2013.

Arts Commission
Reappointment of Mr. Joseph Presley for a term expiring January 1, 2014.

Fire and Building Code Appeals Board
Reappointment of Mr. Thomas Lipscomb for a term expiring March 1, 2014.

Nashville Education, Community, and Arts Television Corporation (NECAT)
Appointment Ms. Colleen Curtis for a term expiring February 5, 2012.
Appointment Mr. Jesse Goldberg for a term expiring February 5, 2013.
Appointment Mr. Gary Gullberg for a term expiring February 5, 2011.
Appointment Mr. Tony Pratt for a term expiring February 5, 2011.
Appointment Mr. Joel Sullivan for a term expiring February 5, 2011.

Board of Zoning Appeals
Appointment of Ms. Mercedes Jones for a term expiring February 26, 2015.

- RESOLUTIONS -

SUBSTITUTE 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. RS2010-1121 (Steine)
Approved by Parks & Library; Personnel-Public Information
and Public Works Committees
Referred to Budget & Finance; Health, Hospitals & Social Services
and Public Safety Committees

A resolution appropriating the amount of $10,917,600.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2010-1139 (Steine)
Referred to Budget & Finance Committee

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County (Tennessee) in an aggregate principal amount of not to exceed Seventeen Million Dollars.

RESOLUTION NO. RS2010-1140 (Steine)
Referred to Budget & Finance Committee

A resolution calling the Metropolitan Board of Equalization into regular session beginning June 1, 2010, and special session beginning June 21, 2010.

RESOLUTION NO. RS2010-1141 (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, to coordinate resources to prevent duplication and ensure the effective and efficient delivery of workforce services in Workforce Development Area No. 9 (33710-66810).

RESOLUTION NO. RS2010-1142 (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 Skills Shortage Program funds (LW09F105SSSWA10).

RESOLUTION NO. RS2010-1143 (Steine, Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution appropriating funds from 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, to assist residents of Nashville and Davidson County with Adult Basic Education and GED Instruction to help clients achieve self-sufficiency.

RESOLUTION NO. RS2010-1144 (Tygard, Steine)
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 for the provision of services under the Minority AIDS Initiative (MAI).

RESOLUTION NO. RS2010-1145 (Steine, Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for breast and cervical cancer screenings.

RESOLUTION NO. RS2010-1146 (Steine)
Referred to Budget & Finance Committee

A resolution approving an application for a Community Corrections Grant from the Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services.

RESOLUTION NO. RS2010-1147 (Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving two Highway Safety Grants from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the benefit of the Davidson County Sheriff’s Office.

RESOLUTION NO. RS2010-1148 (Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the Offender Reentry 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 Davidson County Drug Court and Davidson County Sheriff’s Office, in a collaborative program to assist non-violent adult felony offenders with a successful reentry back into the community.

RESOLUTION NO. RS2010-1149 (Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a donation from Fred’s Inc. to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Nashville Fire Department for public fire safety education.

RESOLUTION NO. RS2010-1150 (Cole, Steine)
Referred to Budget & Finance
and Parks & Library Committees

A resolution approving an application for the Recreation Trails Program 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 Nashville Parks and Recreation Department, for the Riverside Drive Connector Trail.

RESOLUTION NO. RS2010-1151 (Steine)
Referred to Budget & Finance
and Parks & Library Committees

A resolution accepting a grant from the State of Tennessee, Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, for the acquisition of equipment, supplies, and furnishings to house, keep, preserve, and make available permanently-valuable records of the State of Tennessee.

RESOLUTION NO. RS2010-1152 (Steine)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution accepting a $3,000 grant from TRANSTRIA, LLC, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Planning Department, to provide funding for planning purposes and specifically to review Metro Nashville/Davidson County's experience with the Robert Wood Johnson Foundations' "Active Living by Design" grant, which ended in 2008. The funding is to be used for continuing training and education for Planning Commissioners and staff in sustainable development and design.

RESOLUTION NO. RS2010-1153 (Steine, Hunt)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a State Aid Contract from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the resurfacing of Fesslers Lane, Project No. 19-960-8404-04.

RESOLUTION NO. RS2010-1154 (Steine, Hunt)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a State Aid Contract from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County for the resurfacing of Tulip Grove Road, Project No. 19-947-8476-04.

RESOLUTION NO. RS2010-1155 (Stanley)
Referred to Public Works
and Planning & Zoning Committees

A resolution approving the property at 3518 Central Pike to be used for a waste transfer facility.

RESOLUTION NO. RS2010-1156 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Anthony T. McCoy against The Metropolitan Government of Nashville and Davidson County for $95,000.00.

RESOLUTION NO. RS2010-1157 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Dave Quartey against The Metropolitan Government of Nashville and Davidson County for $16,000.00.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-645 (Steine, Claiborne)

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

BILL NO. BL2010-646 (Langster, Hunt)
Approved by Planning Commission

An ordinance abandoning a 19.5 foot public utility easement, a 20 foot sanitary sewer easement, and a 4,491.74 total square foot public utility easement in connection to Project 10-AB-0001, 2312 Clifton Avenue, shown on Map 92-11, Parcel 386.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-015ES-001).

BILL NO. BL2010-647 (Jernigan)

An ordinance amending Chapters 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to designate “manufacturing, medium” as a used permitted with conditions, all of which is more specifically described herein (Proposal No. 2010-009TX-001).

BILL NO. BL2010-648 (Jernigan)

An ordinance amending Section 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow inflatable advertising figures in commercial districts (Proposal No. 2010-008TX-001).

- BILLS ON SECOND READING -

SUBSTITUTE BILL NO. BL2009-568 (Tygard,Duvall)
Referred to Budget & Finance Committee

An ordinance amending Chapter 5.10 of the Metropolitan Code, Public Art Financing, to require that a portion of the general obligation bond proceeds designated for public art be expended throughout the geographic area of the Metropolitan Government.

BILL NO. BL2010-617 (Jameson, Garrett, Steine)
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. BL2010-622 (Jernigan)
Referred to Codes Committee

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
Traffic & Parking Commission (6-1)
and Planning & Zoning Committee
Referred to Public Works and Traffic & Parking Committees
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. BL2010-638 (Hunt)
Referred to Public Works Committee

An ordinance amending Chapter 15.04 and Chapter 15.60 of the Metropolitan Code of Laws relating to industrial waste discharges.

BILL NO. BL2010-639 (Hunt)
Referred to Budget & Finance
and Public Works Committees

An ordinance amending Chapter 15.64 of the Metropolitan Code of Laws relating to storm water management, rules and regulations.

BILL NO. BL2010-640 (Jameson, Hunt, Gotto)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: MDHA

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 Shelby Avenue (Proposal Number 2010M-001AB-001).

BILL NO. BL2010-641 (Duvall, Mitchell)
Referred to Public Safety Committee

An ordinance amending Section 12.40.200 of the Metropolitan Code pertaining to unattended motor vehicles.

BILL NO. BL2010-642 (Ryman, Steine)
Referred to Budget & Finance
and Codes Committees

An ordinance amending Title 2 of the Metropolitan Code of Laws by amending Sections 2.76.130, 2.80.090, 2.84.120 and 2.92.120 relating to the filing fees for appeals to various boards and amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.12.240, 16.16.400, 16.16.480, 16.20.250, 16.20.260, 16.24.650, 16.28.110 and 16.28.140 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, examination of plans, refunds, as well as administrative fees and other fees charged by the Department of Codes Administration.

BILL NO. BL2010-643 (Langster, Moore, Steine)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committees

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-C (Proposal No.2010M-001PR-001).

BILL NO. BL2010-644 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing Ace Hospitality Inc., d/b/a Spring Hill Suites and Residence Inn, to install, construct, and maintain an aerial and underground encroachment over the public sidewalk and over Alley No. 382 at 1800 and 1806 West End Avenue and at 1801 and 1807 Hayes Avenue (Proposal Number 2009M-015EN-001).

- BILLS ON THIRD READING -

BILL NO. BL2009-575 (Mitchell)
Approved by Planning Commission, ECD Board (6-0)
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 Old River Road Pike between River Road Pike and River Road Pike just southeast of Biggs Road, as “Horton Hollow Lane” (Proposal No. 2009M-003SR-001).

BILL NO. BL2010-621 (Ryman)
Approved by Public Safety Committee

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. BL2010-624 (Toler, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

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
Public Works
and Planning & Zoning Committees

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)
Approved by Planning Commission
Referred to Planning & Zoning Committee
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)
Approved by Planning Commission (6-2)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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. BL2010-632 (Toler)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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. BL2010-635 (Hunt, Toler)
Approved by Planning Commission
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 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.

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2010-1158 (Stanley)
Referred to Education Committee

A resolution requesting Governor Phil Bredesen, the Davidson County Delegation to the Tennessee General Assembly, and the State Department of Finance and Administration to transfer title to a portion of the Clover Bottom Developmental Center land to Metropolitan Nashville and Davidson County for the construction of a public high school.

RESOLUTION NO. RS2010-1159 (Cole, Steine, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support efforts to institute a hospital coverage fee in lieu of cuts to the TennCare program that would negatively affect the Metropolitan Hospital Authority’s funding for fiscal year 2011 and beyond.