Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, June 1, 2010
6:30 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PROPOSED RULE CHANGE -

Proposed amendment to add a new Rule No. 47 to the Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Airport Authority
Reappointment of Ms. Juli Mosley for a term expiring April 6, 2014.

Board of Equalization
Reappointment of Mr. Melvin Lowe for a term expiring April 1, 2012.
Reappointment of Ms. Christy Wilson for a term expiring April 1, 2012.

Human Relations Commission
Reappointment of Ms. Iris Buhl for a term expiring April 18, 2013.
Reappointment of Mr. Hal Cato for a term expiring April 18, 2013.

Board of Parks & Recreation
Reappointment of Mr. Stan Fossick for a term expiring April 30, 2015.

Planning Commission
Appointment of Ms. Ana Escobar for a term expiring March 31, 2014.
Reappointment of Mr. Phil Ponder for a term expiring March 31, 2014.

Traffic & Parking Commission
Appointment of Mr. John Green for a term expiring April 3, 2014.
Reappointment of Mr. Richard Morin for a term expiring April 3, 2015.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2010-683 (Steine)
Referred to Budget & Finance Committee

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2011.

BILL NO. BL2010-688 (Steine)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committees

An ordinance adopting the Capital Improvements Budget and Program 2010-2011 through 2015-2016 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2010-2011.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1213 (Matthews, Steine)
Referred to Budget & Finance Committee
Approved by Federal Grants Review
and Parks Committees

A resolution approving a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the purpose of providing a summer enrichment program for the neighborhood children of the Cleveland Park Community Center.

RESOLUTION NO. RS2010-1227 ( Steine, Jameson, Moore)
Referred to Federal Grants Review Committee

A resolution approving the appropriation of $310,000 of income in the Capitol Mall Urban Development Action Grant (UDAG) to the Metropolitan Development and Housing Agency for the creation of a Shared Services Center for Loews Hotels.

RESOLUTION NO. RS2010-1228 (Barry, Steine & others)
Referred to Budget & Finance
and Personnel Committees

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County, excluding employees of the Board of Health, Board of Education and the Police and Fire Departments, approved under Resolution No. RS2005-872, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

RESOLUTION NO. RS2010-1229 (Barry, Steine & others)
Referred to Budget & Finance
and Personnel Committees

A resolution amending the pay plan for the employees of the Metropolitan Departments of Fire and Police, approved under Resolution No. RS2005-873, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

RESOLUTION NO. RS2010-1230 (Maynard, Barry & others)
Referred to Budget & Finance
and Personnel Committees

A resolution amending the pay plan for employees of The Metropolitan Board of Health, approved under Resolution No. RS2005-874, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

RESOLUTION NO. RS2010-1231 (McGuire)
Approved by Executive Committee

A resolution approving a contract for the continued employment of Donald W. Jones as part time Special Counsel for the Metropolitan County Council.

RESOLUTION NO. RS2010-1232 (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 establish programs and deliver services to prepare youth for re-entry into the labor force (LW09P101YOUTH11).

RESOLUTION NO. RS2010-1233 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the submission of an application by the Metropolitan Government as Grantee for Foreign Trade Zone # 78 to request Subzone Status with Manufacturing Authority for Hemlock Semiconductor, L.L.C.

RESOLUTION NO. RS2010-1234 (Steine)
Referred to Budget & Finance Committee

A resolution accepting a grant from Dollar General Literacy Foundation to The Metropolitan Government of Nashville and Davidson County, to provide partial funding for one employee’s salary in the Mayor’s Office of Children and Youth.

RESOLUTION NO. RS2010-1235 (Steine)
Referred to Budget & Finance Committee

A resolution approving an Energy Efficiency and Conservation Block Grant (EECBG) from the U.S. 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. RS2010-1236 (Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the Sheriff’s Alcohol Awareness for Everyone Program (SAAFE) Grant from The Cal Turner Family Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, to provide funding for one year.

RESOLUTION NO. RS2010-1237 (Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a State JAG TAP Summer Camp Grant from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2010-1238 (Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a Forensic Science Improvement Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2010-1239 (Tygard & Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a 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 Metropolitan Board of Health, to enhance access to comprehensive high quality, community-based care for low income individuals and families with HIV disease.

RESOLUTION BILL NO. RS2010-1240 (Gotto & Steine)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution accepting a grant 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. RS2010-1241 (Toler, Hunt, Steine)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing the financing for the construction of a sewage treatment works project, Mill Creek Parallel Sewer Project, Project No. 07-SG-0182, including the execution of applications, contractual agreements, and other necessary documents in order to obtain a loan from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, and making certain representations regarding financing for loan repayment.

RESOLUTION NO. RS2010-1242 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Charles L. Townsend, Sr. against The Metropolitan Government of Nashville and Davidson County in the amount of $6,500.00, and that said amount be paid out of the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-695 (Mitchell, Steine)

An ordinance approving Tennessee Code Annotated Section 67-5-603(d) which permits proration of the annual real property tax assessments of certain properties affected by a disaster certified by the Federal Emergency Management Agency (“FEMA”).

BILL NO. BL2010-696 (Barry)
Approved by Planning Commission
and Traffic & Parking Commission (4-0)
Requested by: Littlejohn Engineering Assoc.

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 Acklen Avenue and a portion of Alley No. 436 (Proposal No. 2010M-007AB-001).

BILL NO. BL2010-697 (Jameson, Hunt)
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 abandoning a portion of Shelby Avenue (Proposal Number 2010M-008AB-001).

BILL NO. BL2010-698 (Holleman)
Map & Parcel No./Owner:
103-8-72 James W. Sovine
Requested by: Daniel Barton

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 4414 Westlawn Drive, approximately 200 feet north of Sloan Road (0.18 acres), to permit single-family residential, medical and general office uses within an existing single-family structure not to exceed 1,999 square feet in floor area, all of which is described herein (Proposal No. 2010SP-004-001).

BILL NO. BL2010-699 (Stanley)
Map & Parcel No./Owner:
97; 97-02-A Various Parcels, Various Owners
Requested by: Councilman Stanley

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 Villages of Riverwood Urban Design Overlay District, located at the southwest corner of Hoggett Ford Road and Dodson Chapel Road (219.8 acres) classified RM9 and MUN, to modify the conditions of approval in the adopted Council Ordinance BL2004-325 to require an updated Traffic Impact Study with the submittal of each Final Site Plan submittal to the Planning Commission and to also require the applicant to comply with any new requirements of the new Traffic Impact Study, all of which is more particularly described herein (Proposal No. 2004UD-002-002).

BILL NO. BL2010-700 (Tygard)
Map & Parcel No./Owner/Requested by:
142-66 Julee Jones & Victor Scoggin

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 Neighborhood Landmark District for property located at 358 Bellevue Road, approximately 310 feet east of Old Harding Pike (0.76 acres), zoned RS15, all of which is described herein (Proposal No. 2010NL-001-001).

BILL NO. BL2010-701 (Duvall)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
163-98, 262 Jerry D. Cupit
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 R15 to SP zoning properties located at 1282 and 1300 Rural Hill Road, approximately 600 feet west of Bell Road (8.96 acres), to permit an 89 unit multi-family residential development, all of which is described herein (Proposal No. 2009SP-018-001).

BILL NO. BL2010-702 (Forkum)
Map & Parcel No./Owner/Requested by:
43-14-35, 36 Lonnie Jones

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 Neighborhood Landmark District for properties located at 108 and 112 Leena Belle Avenue, at the northwest corner of Leena Belle Avenue and E. Maple Street (1.26 acres), zoned RS5, all of which is described herein (Proposal No. 2010NL-002-001).

BILL NO. BL2010-703 (Toler)
Map & Parcel No./Owner:
180-23 Thomas & Donna Sirmeyer
Requested by: Councilman 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, by canceling the Rosedown Residential Planned Unit Development district located at 6515 Holt Road, approximately 1,500 feet east of Redmond Lane, zoned RS10 and proposed for AR2a, (6.6 acres), approved for 17 single-family lots, all of which is described herein (Proposal No. 2004P-023-001).

BILL NO. BL2010-704 (Toler)
Map & Parcel No./Owner:
180-23 Thomas & Donna Sirmeyer
Requested by: Councilman 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, by changing from RS10 to AR2a zoning for property located within the Rosedown Residential Planned Unit Development Overlay at 6515 Holt Road, approximately 1,500 feet east of Redmond Lane (6.6 acres), all of which is described herein (Proposal No. 2010Z-016PR-001).

BILL NO. BL2010-705 (Barry)
Approved by Planning Commission (7-0)
Map & Parcel No./Owner/Requested by:
104-11-170, 171 Glenn A. Ferguson Revocable Living Trust

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 canceling the Dinwiddie Square Residential Planned Unit Development District Overlay on properties located at 2401 Fairfax Avenue and at Fairfax Avenue (unnumbered), at the southwest corner of Fairfax Avenue and 24th Avenue South, approved for seven multi-family dwelling units (0.64 acres), zoned RS7.5, all of which is described herein (Proposal No. 286-84P-002).

BILL NO. BL2010-706 (Jernigan)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
75-24 PMFA H-View I 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 R10 to SP zoning properties located at 4243 and 4301 Hermitage Road, approximately 2,100 feet north of Lebanon Pike (8.32 acres), to permit an assisted living facility, an independent living facility and/or multifamily uses with a maximum floor area ratio (FAR) of 0.65 (or 235,579.5 square feet), all of which is described herein (Proposal No. 2010SP-007-001).

BILL NO. BL2010-707 (Cole)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
83-4-285; 84-1-22 Woodland Street Partners, 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 R10 to SP zoning for properties located at Solon Drive (unnumbered) and at Rosebank Avenue (unnumbered), approximately 200 feet north of Carter Avenue (3.99 acres), to permit 15 single-family dwelling units, all of which is described herein (Proposal No. 2010SP-006-001).

BILL NO. BL2010-708 (Harrison)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
70-13-86, 87 Margaret A. Wall

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 RM9 and RM20 to R8 zoning for properties located at 2113 Cliff Drive and Cliff Drive (unnumbered), approximately 625 feet north of Clarksville Pike (3.09 acres), all of which is described herein (Proposal No. 2010Z-012PR-001).

BILL NO. BL2010-709 (Jernigan, Jameson)

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 definitions and regulations pertaining to floodplain development and associated application reviews, all of which is more particularly described herein (ProposalNo.2010Z-013TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2010-650 (Gotto)
Referred to Traffic & Parking Commission
Budget & Finance, Public Works
and Traffic & Parking Committees

An ordinance amending Chapters 12.44 and 13.40 of the Metropolitan Code to provide notice to disabled drivers of the state law prohibition on parking charges.

BILL NO. BL2010-679 (Ryman)
Referred to Codes Committee

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending portions of the adopted building and mechanical codes.

BILL NO. BL2010-680 (Steine, Ryman)
Referred to Budget & Finance
and Codes Committees

An ordinance approving a license agreement between Vanderbilt University Medical Center and The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers’ Market, for certain real property located at 201 25th Avenue South, Nashville, Tennessee, 37240, commonly known as the courtyard between Langford Auditorium and Vanderbilt University Medical Center, Nashville, Tennessee.

BILL NO. BL2010-681 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County and the Tennessee Sheriffs’ Association to provide enhanced victim notification services.

BILL NO. BL2010-682 (Baker)
Approved by Traffic & Parking Commission (7-0)
Referred to Planning Commission
Public Works, Traffic & parking
and Planning & Zoning Committees
Requested by: Councilman Baker

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 43rd Avenue North and a portion of Alley No. 1203 (Proposal No. 2010M-003AB-001).

BILL NO. BL2010-684 (Steine)
Referred to Budget & Finance Committee

An ordinance establishing the tax levy in the General Services District for the Fiscal Year 2010-2011, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to section 6.07 of the Metropolitan Charter.

BILL NO. BL2010-685 (Steine)
Referred to Budget & Finance, Convention & Tourism
Public Safety and Transportation Committees

An ordinance creating and enacting Chapter 6.74 of the Metropolitan Code of Laws to regulate motorized, non-taxi passenger vehicles for hire.

BILL NO. BL2010-686 (Steine)
Referred to Budget & Finance Committee

An ordinance establishing a litter fee for certain individuals convicted of driving under the influence.

BILL NO. BL2010-687 (Steine)
Referred to Budget & Finance
and Public Safety Committees

An ordinance amending Section 2.56, Article VIII, of the Metropolitan Code to create a separate traffic safety school and DUI school.

BILL NO. BL2010-689 (Ryman, Steine)
Referred to Budget & Finance
and Codes Committees

An ordinance waiving the first one thousand, three hundred dollars, ($1,300) of fees for building permits from the Codes Department of the Metropolitan Government, for up to one hundred thousand dollars ($100,000) of repairs or rebuilding, when sought for repairing or rebuilding property damaged as a result of the severe weather from May 1 to May 2, 2010, if such permits are obtained on or before July 30, 2010.

BILL NO. BL2010-690 (Steine, Cole)
Referred to Budget & Finance
and Convention & Tourism Committees

An ordinance abolishing the Metropolitan Government’s Convention Center Commission by repealing Chapter 2.124 of the Metropolitan Code of Laws and approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the Convention Center Authority of the Metropolitan Government for administrative, financial, operational, and management services and appropriating compensation to the Finance Department.

BILL NO. BL2010-691 (Hollin)
Referred to Public Safety Committee

An ordinance amending the Metropolitan Code of Laws to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits.

BILL NO. BL2010-692 (Matthews, Maynard)
Approved by Planning Commission
Referred to Parks
and Planning & Zoning Committees

An ordinance authorizing the Director of Parks and Recreation to accept, execute and record an agreement for grant of easement in favor of the Metropolitan Government for use in connection with development of the Harpeth River Greenway (Proposal No. 2010M-024ES-001).

BILL NO. BL2010-693 (Jameson, Hunt)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
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 Peabody Street (Proposal Number 2010M-006AB-001).

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2010-637 (Hunt, Toler)
Approved by Planning Commission (8-0)
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 relative to “Recycling Facility” in Nashville and Davidson County (Proposal No. 2010Z-007TX-001), all of which is more particularly described herein.

BILL NO. BL2010-652 (Jameson, Dominy)
Approved by Codes Committee

An ordinance amending Section 16.24.380 of the Metropolitan Code to allow the use of alternative forms of lighting in the common halls and stairways of residential occupancies.

BILL NO. BL2010-676 (Baker, Langster)
Approved by Budget & Finance
and Public Safety Committees

An ordinance approving a donation agreement between Rhonda A. Martocci and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the donation of one Tennessee Walking Horse, The Autobahn.

BILL NO. BL2010-677 (Baker, Hunt, Langster)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance repealing BL2009-453 in its entirety and adopting an ordinance abandoning a 21 inch sanitary sewer line and easement and accepting a relocated 21 inch sanitary sewer line and easement and three manholes in connection with Project 08-SL-0093, Hill Center, 6604 and 6616 Charlotte Pike, shown on Map 102, Parcels 33 and 53, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-229U-7).

BILL NO. BL2010-678 (Hunt)
Approved by Public Works Committee

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