Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, August 3, 2010
5:30 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Electric Power Board
Appointment of Ms. Yanika Smith-Bartley for a term expiring July 1, 2015.

Employee Benefit Board
Reappointment of Ms. Ann Butterworth for a term expiring June 30, 2013.

Tourism & Convention Commission
Reappointment of Ms. Amy Atkinson for a term expiring June 30, 2013.

Transportation Licensing Commission
Reappointment of Ms. Mary Griffin for a term expiring April 30, 2012.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1318 (Ryman, Tygard)
Referred to Charter Revision Commission
and Charter Revision Committee

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

RESOLUTION NO. RS2010-1320 (Steine)
Referred to Budget & Finance
and Personnel Committees

A resolution approving the Benefit Board’s waiver of repayment of disability pension benefit overpayments for Lisa Baggett under Section 3.08.230 of the Metropolitan Code.

RESOLUTION NO. RS2010-1321 (Baker, Steine)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Department of Children’s Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to provide community-based case management and probation services to children at high risk of state custody.

RESOLUTION NO. RS2010-1322
(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, to make resources available to Bedrug to support its new and existing employees and to create 47 new jobs (LW09P083FTSWA09).

RESOLUTION NO. RS2010-1323 (Steine)
Referred to Budget & Finance
and Personnel Committees

A resolution approving Amendment One to the American Recovery and Reinvestment Act Grant to establish and participate in the Tennessee Economic Recovery Training 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 offer training to upgrade current worker skills (LW09ST92SSSWA09).

RESOLUTION NO. RS2010-1324 (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 make resources available for Asurion to support its new and existing employees as well as create new jobs (LW09F106FTSWA10).

RESOLUTION NO. RS2010-1325 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide personal care services and homemaker services to eligible clients under the options program.

RESOLUTION NO. RS2010-1326 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide home delivered meals, personal care, and homemaker services to eligible clients.

RESOLUTION NO. RS2010-1327 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines, transportation services, and meal delivery services to eligible seniors.

RESOLUTION NO. RS2010-1328 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Two to a contract by and between the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University Medical Center for the training of Vanderbilt medical residents in the Tuberculosis Elimination Program.

RESOLUTION NO. RS2010-1329 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide rapid HIV testing services to at risk individuals in a clinical setting.

RESOLUTION NO. RS2010-1330 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the Healthy Start Program to provide family support services to eligible Davidson County residents (34347-13911).

RESOLUTION NO. RS2010-1331 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to protect air quality to achieve established ambient air standards and protect human health.

RESOLUTION NO. RS2010-1332 (Tygard, Steine)
Referred to Health, Hospitals & Social Services Committee

A resolution approving a business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Matthew Walker Comprehensive Health Center to provide safeguards to prevent the use or disclosure of protected health information.

RESOLUTION NO. RS2010-1333 (Steine)
Referred to Budget & Finance
and Parks Committees

A resolution approving Amendment One to a grant from the State of Tennessee, Tennessee Heritage Conservation Trust Fund to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to protect 290 acres in the Beaman to Bells Bend Corridor through the execution of five conservation easements.

RESOLUTION NO. RS2010-1334 (Steine)
Referred to Budget & Finance
and Parks 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 Metropolitan Parks Department, to provide funding to help replace supplies and equipment depleted during response efforts of the Bellevue Community Center related to the May 2010 flood.

RESOLUTION NO. RS2010-1335 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Hospitality Management Advisors, Inc. to install, construct and maintain an aerial encroachment at 315 4th Avenue North for DoubleTree Hotel (Proposal No. 2010M-003EN-001).

RESOLUTION NO. RS2010-1336 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle James Webster’s property damage claim against the Metropolitan Government for $21,435.53 from the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

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).

BILL NO. BL2010-732 (Steine)

An ordinance approving Tennessee Code Annotated Section 67-5-606(c) which permits proration of the annual personal property tax assessments of certain personal property affected by a disaster certified by the Federal Emergency Management Agency (“FEMA”).

BILL NO. BL2010-733 (McGuire, Steine)

An ordinance declaring surplus and approving the disposition by the Director of Public Property of real property known as Walter Stokes School (Proposal No. 2010M-006PR-001).

BILL NO. BL2010-734 (Jameson, Cole)

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for free parking for environmentally friendly vehicles in parking meter zones.

BILL NO. BL2010-735 (Page)

An ordinance amending Section 16.24.330 of the Metropolitan Code to require watercraft stored on single or two-family residential property to be fully operational and licensed by the Tennessee Wildlife Resources Agency.

BILL NO. BL2010-736 (Hollin, Jameson & others)
Approved by Planning Commission (7-0)
Map & Parcel No./Owner:
72-10; 72-13; 72-14; 83-01, 83-05 Various Parcels, Various Owners
Requested by: 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 amending portions of the Gallatin Pike Improvement District Specific Plan for properties located along Main Street, Gallatin Pike and Gallatin Avenue between Chicamauga Avenue and Greenwood Avenue and between Cahal Avenue and Burchwood Avenue (27.41 acres), by deleting the Mixed Housing land use category and replacing with the Mixed Use land use category of the Gallatin Pike SP, all of which is described herein (Proposal No. 2007SP-122-005).

BILL NO. BL2010-737 (Hunt)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner:
49 Part of Parcel 185 Pinnacle National Bank
Requested by: Tenn. Contractors, 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 canceling the Parmley Commercial Planned Unit Development District Overlay located on a portion of property at 3705 Whites Creek Pike, approximately 2,450 feet north of Green Lane, approved for an 80,000 square foot office and retail development, zoned SCN (12.07 acres), and proposed for RS10 zoning, all of which is described herein (Proposal No. 88-042P-001).

BILL NO. BL2010-738 (Hunt)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner:
49 Part of Parcel 185 Pinnacle National Bank
Requested by: Tenn. Contractors, 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 SCN, RS15 and RS20 to RS10 zoning for property located at 3705 Whites Creek Pike, including the Parmley Commercial PUD, approximately 2,450 feet north of Green Lane (38.39 acres), all of which is described herein (Proposal No. 2010Z-011PR-001).

BILL NO. BL2010-739 (Page)
Approved by Planning Commission (8-1)
Map & Parcel No./Owner/Requested by:
119-10-209 Lilian Richardson

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 OL to SP zoning for property located at 2901 Dobbs Avenue, at the southwest corner of Dobbs Avenue and Thompson Lane (0.33 acres), to permit an existing office building to be used as a personal care service use, all of which is described herein (Proposal No. 2010SP-008-001).

BILL NO. BL2010-740 (Stanley)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner/Requested by:
86-14-11, 12 Kathy & Keith Sawyer

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 400 and 404 Wisteria Lane, at the northwest corner of Wisteria Lane and Central Pike (0.46 acres), zoned R8, all of which is described herein (Proposal No. 2010NL-003-001).

BILL NO. BL2010-741 (Hunt)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner:
39-277, 320; 48-159 Winston Templet
Requested by: Wamble & Associates, 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 AR2a and CL to SP zoning for properties located at 5000, 5010 and 5012 Clarksville Pike, approximately 2,350 feet north of Lloyd Road (32.15 acres), to permit up to 215 residential units, 7,500 square feet of commercial/retail use, and 7,500 square feet of office use, all of which is described herein (Proposal No. 2010SP-002-001).

BILL NO. BL2010-742 (McGuire)
Map & Parcel No./Owner:
131-2-013 Reza Farazmand et ux
Requested by: Emad Eshak

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 OR20 to SP zoning for property located at 4101 Hillsboro Circle, opposite Hillsboro Drive and located within the Green Hills Urban Design Overlay District and partially within the Floodplain Overlay District (0.17 acres), to permit general retail, convenience retail and all uses permitted by OR20, all of which is described herein (Proposal No. 2010SP-014-001).

BILL NO. BL2010-743 (Hunt)
Map & Parcel No./Owner:
59-86, 87 Pamela L. Franck
Requested by: Pactrucking 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 R10 to ON zoning for properties located at 3200 Knight Drive, approximately 230 feet north of Briley Parkway (1.13 acres), all of which is described herein (Proposal No. 2010Z-017PR-001).

BILL NO. BL2010-744 (Mitchell)
Map & Parcel No./Owner:
126-85 John Gregory Jones
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 SP to AR2a zoning for property located at 7874 McCrory Lane and partially within the Floodplain Overlay District, approximately 1,850 feet south of Highway 70 S (36.2 acres), all of which is described herein (Proposal No. 2010Z-019PR-001).

BILL NO. BL2010-745 (Dominy)

An ordinance amending Chapter 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow recreation centers as a special exception use in the AG and AR2a zoning districts (Proposal No. 2010Z-015TX-001).

BILL NO. BL2010-746 (Page)

An ordinance amending Section 17.16.290 of Title 17 of the Metropolitan Code, Zoning Regulations, to require that a resident of the dwelling on which a residential amateur radio antenna is located possess a current, valid FCC license (Proposal No. 2010Z-016TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2009-601 (Jernigan)
Approved by Traffic & Parking Commission (7-0)
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. BL2010-650 (Gotto, Jernigan)
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. BL2010-718 (Hunt, Steine)
Referred to Budget & Finance
and Public Works Committees

An ordinance to delete in its entirety Chapter 10.20 “Solid Waste Collection and Disposal” of the Metropolitan Code of Laws and replace it with a new Chapter 10.20 “Waste Management.”

BILL NO. BL2010-726 (Claiborne, Steine, Cole)
Referred to Budget & Finance
and Convention & Tourism Committees

An ordinance appropriating two hundred thousand dollars ($200,000) to the Nashville Convention & Visitors Bureau to assist in post-flood tourism development and promotion efforts in the Music Valley area.

BILL NO. BL2010-727 (Claiborne, Cole, Steine)
Referred to Budget & Finance
and Convention & Tourism Committees

An ordinance appropriating and designating certain funds and hotel occupancy tax revenues to Gaylord Entertainment Co. to assist in flood recovery efforts of the Grand Ole Opry House resulting from the May 2010 flood.

BILL NO. BL2010-728 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

An ordinance accepting a donation from Police Explorers, Post 911 to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Nashville Police Department.

BILL NO. BL2010-729 (Gotto, Evans)
Referred to Planning & Zoning Committee

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes.

BILL NO. BL2010-730 (Steine, Coleman, Baker)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committees

An ordinance approving a license agreement between The Metropolitan Government of Nashville and Davidson County and the Tennessee Emergency Management Agency for the use of space on the Cane Ridge communications tower (Proposal No. 2008M - 181).

BILL NO. BL2010-731 (Evans, Tygard & others)
Referred to Budget & Finance
and Public Works Committees

An ordinance appropriating an amount not to exceed $200,000 from the unappropriated fund balance of the General Fund of the General Services District to the Department of Water and Sewerage Services for the purpose of providing limited economic recovery credits to customers that were directed to cease using public drinking water for plant nursery stock and washing cars during the period of mandatory water conservation following the May 2010 flooding of the K.R. Harrington water treatment plant.

- BILLS ON THIRD READING -

BILL NO. BL2010-659 (Page)
Disapproved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
105-16-258, 259 STS Property Group, 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 R6 to CS zoning for properties located at 336 Vivelle Avenue and Vivelle Avenue (unnumbered), approximately 195 feet east of Nolensville Pike (0.34 acres), all of which is described herein (Proposal No. 2010Z-009PR-001).

BILL NO. BL2010-698 (Holleman)
Approved by Planning Commission (7-0)
and Planning & Zoning Committee
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. BL2010-710 (Jameson)
Approved by Public Safety Committee

An ordinance amending the Metropolitan Code pertaining to the location restrictions for the issuance of permits to sell beer within certain areas of downtown Nashville.

BILL NO. BL2010-711 (Stanley, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning a 20 foot water and sanitary sewer easement in connection with Project 10-AB-0002, Hermitage Commons III LLC, Old Hickory Boulevard, 5231 and 5215 Old Hickory Boulevard, shown on Map 086, Parcels 764, 020, and 018 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-016ES-001).

BILL NO. BL2010-712 (Todd, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning a 10 foot public utility easement in connection with Project 09-WG-0004, 915 Otter Creek Road, shown on Map 146-13, Parcel 001.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-013ES-001).

BILL NO. BL2010-713 (Ryman, Crafton & others)
(As Amended)
Approved by Budget & Finance
and Codes Committees

An ordinance amending Ordinance No. BL2010-689 to extend the deadline for the waiver of permit fees when obtaining a permit for repairing or rebuilding property damaged as a result of the May 2010 flooding.

BILL NO. BL2010-715 (Jernigan)
Approved by Budget & Finance
and Public Safety Committees

An ordinance amending Title 6 of the Metropolitan Code pertaining to the documentation and storage of vehicles at automobile repair and service establishments.

BILL NO. BL2010-719 (Steine, Hunt)
Approved by Budget & Finance
and Public Works Committees

An ordinance approving amendments to agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities.

BILL NO. BL2010-720 (Steine)
Approved by Budget & Finance Committee

An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to LKQ Corporation/Keystone Automotive.

BILL NO. BL2010-721 (Page, Steine, LaLonde)
Approved by Planning Commission
Budget & Finance, Education
and Planning & Zoning Committees

An ordinance approving a lease agreement between the State of Tennessee and the Metropolitan Government for use of portions of the facilities located on the campus of the Tennessee Preparatory School (Proposal No. 2010M-002PR-001).

BILL NO. BL2010-722 (Steine)
Approved by Budget & Finance Committee

An ordinance accepting a donation of funds and vehicles to The Metropolitan Government of Nashville and Davidson County by Volkswagen Group of America, Inc., for the use and benefit of the Department of General Services.

BILL NO. BL2010-723 (Steine, Hunt)
Approved by Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with John Ring to provide public sewer service in Williamson County to Fountainbrooke, Section 10 Property, Project No. 07-SL-83.

BILL NO. BL2010-724 (Forkum)
Approved by Planning Commission
Traffic & Parking Commission (6-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Councilman Forkum

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 Lena Belle Avenue and an unnumbered alley (Proposal No. 2010M-009AB-001).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2010-1317 (Bennett)
Referred to Parks Committee

A resolution requesting the Mayor and the Metropolitan Board of Parks and Recreation to consider planting a live evergreen tree at Public Square Park for use as the annual official Metropolitan Government Christmas tree.

RESOLUTION NO. RS2010-1319 (Steine)
Referred to Budget & Finance Committee

A resolution memorializing the Council’s intent to approve Tennessee Code Annotated Section 67-5-606(c) which permits proration of the annual personal property tax assessments of certain personal property affected by a disaster certified by the Federal Emergency Management Agency (“FEMA”).