Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, October 5, 2010
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Community Education Commission
No nominations were received for a non-profit adult literacy organization representative.

Auditorium Commission
Appointment of Mr. Randy Rayburn for a term expiring June 30, 2013.

Charter Revision Commission
Reappointment of Ms. Eileen Beehan for a term expiring September 4, 2014.
Reappointment of Mr. C. Dewey Branstetter Jr. for a term expiring September 4, 2014.

Farmers Market Commission
Appointment of Mr. Joshua Smith for a term expiring May 5, 2011.
Mr. Smith will fill the unexpired term of Mr. Bill Coke.

Gas/Mechanical Examiners Appeals Board
Reappointment of Mr. Kenny Watson for a term expiring August 21, 2014.

Historical Commission
Reappointment of Ms. Lula Brooks for a term expiring August 10, 2014.
Reappointment of Mr. George H. Cate, Jr. for a term expiring August 10, 2014.
Reappointment of Ms. Linda Wynn for a term expiring August 10, 2014.

Human Relations Commission
Appointment of Mr. Fred Gill for a term expiring April 18, 2013.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1345 (Bennett, Steine, Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Financial Marketing Concepts, Incorporated to provide a discount prescription card at no cost to the Metropolitan Government.

RESOLUTION NO. RS2010-1397 (Forkum, Barry)
Referred to Budget & Finance, Personnel
and Health, Hospitals & Social Services 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. RS2010-1398 (Barry)
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 provide funding for the administrative costs of programs and services to assist dislocated workers, adults, and youth facing barriers to employment (LW09P101MNSWA11).

RESOLUTION NO. RS2010-1399 (Barry)
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 support training needs for dislocated workers to prepare them for entry into the labor force and to offer training to those facing serious barriers to employment (LW09P101DWRSP11).

RESOLUTION NO. RS2010-1400 (Forkum, Barry)
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 transportation to eligible seniors and handicapped residents in Davidson County.

RESOLUTION NO. RS2010-1401 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

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 Nashville Public Television to provide safeguards to prevent the use or disclosure of protected health information.

RESOLUTION NO. RS2010-1402 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

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 Belmont University to provide safeguards to prevent the use or disclosure of protected health information.

RESOLUTION NO. RS2010-1403 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Belmont University to provide funding for consultation, technical assistance, and guidance regarding health equity for the Communities Putting Prevention to Work Grant (CPPW).

RESOLUTION NO. RS2010-1404 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a Special Projects of National Significance 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 improve and enhance the IT infrastructure capacity to collect and report client-level data.

RESOLUTION NO. RS2010-1405 (Forkum, Barry)
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, to provide tuberculosis control, prevention, and outreach services.

RESOLUTION NO. RS2010-1406 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Nashville Public Television to provide funding for the production and airing of a documentary on the epidemic of childhood obesity in Tennessee.

RESOLUTION NO. RS2010-1407 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an intergovernmental agreement between the State of Tennessee, Department of Health, and the Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Clerk, for the provision and issuance of certificates from the birth record database.

RESOLUTION NO. RS2010-1408 (Barry, Forkum)
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, to provide nutrition education and services to eligible women, infants, and children (WIC) of Davidson County.

RESOLUTION NO. RS2010-1409 (Forkum, Langster, Barry)
Referred to Planning Commission, Budget & Finance
Public Safety, Transportation
and Planning & Zoning Committees

A resolution approving an intergovernmental agreement between the Metropolitan Government of Nashville and Davidson County and the Metropolitan Transit Authority concerning the purchase and use of a parcel of property at 430 Myatt Drive in Davidson County.

RESOLUTION NO. RS2010-1410 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a 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, for the Internet Crimes Against Children Unit.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-768 (Stanley)

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by accepting Hoggett Ford Road as a public road (Proposal No. 2010M-009PR-001).

BILL NO. BL2010-769 (Coleman, Gilmore, Barry)
Approved by Planning Commission

An ordinance approving a license agreement between the Metropolitan Nashville Public Schools and the Hickory Hollow Mall Limited Partnership for certain space inside the Hickory Hollow Mall (Proposal No. 2010M-007PR-001).

BILL NO. BL2010-770 (Dominy)

An ordinance amending the Metropolitan Code to assign certain duties and responsibilities to the Board of Fair Commissioners of The Metropolitan Government of Nashville and Davidson County.

BILL NO. BL2010-771 (Harrison)
Map & Parcel No./Owner/Requested by:
81-6-486 Moran Foods, 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 amending the SP District (adopted with Council Bill BL2009-590) for the previously approved 25th & Clarksville Specific Plan District, located at 2400 Clarksville Pike, between 24th Avenue North and 25th Avenue North (2.39 acres), to amend the conditions pertaining to wall-mounted signage, all of which is described herein (Proposal No. 2009SP-027-003).

BILL NO. BL2010-772 (Crafton)
Map & Parcel No./Owner:
114-251, 254, 255, 265, 311; 128-121, 124 Charlie B. Mitchell, Jr.
Requested by: David Lowry

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 R40 to AR2a zoning for various properties located at 7739 Charlotte Pike and at Charlotte Pike (unnumbered), approximately 4,700 feet west of Sawyer Brown Road (65.49 acres), all of which is described herein (Proposal No. 2010Z-025PR-001).

BILL NO. BL2010-773 (Mitchell)
Map & Parcel No./Owner/Requested by:
114-137 West Charlotte Properties, 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 R15 to CL zoning for property located at 7300 Charlotte Pike, at the corner of Charlotte Pike and Old Charlotte Pike (7.35 acres), all of which is described herein (Proposal No. 2010Z-023PR-001).

BILL NO. BL2010-774 (Jameson)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
83-5-228 Floyd Robinson et ux
Requested by: Tom’s Elite Carryout

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 a proposed Planned Unit Development Overlay located at 501 Gallatin Avenue within the Gallatin Pike Specific Plan Improvement District, at the northeast corner of Gallatin Avenue and Calvin Avenue, zoned SP (0.29 acres), to permit the sale of beer within an existing 1,800 square foot restaurant for on-premises consumption thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2010P-002-001).

BILL NO. BL2010-775 (Matthews)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner/Requested by:
58-244 Old Hickory Credit Union

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 a portion of property located at 4123 Clarksville Pike, approximately 950 feet south of Kings Lane (0.0009 acres), all of which is described herein (Proposal No. 2010Z-022PR-001).

BILL NO. BL2010-776 (Langster)
Map & Parcel No./Owner/Requested by:
91-8-116 Larry Davis

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 CN to MUL zoning for property located at 4000 Albion Street, at the northwest corner of Albion Street and 40th Avenue North (0.1 acres), all of which is described herein (Proposal No. 2010Z-024PR-001).

BILL NO. BL2010-777 (Mitchell)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner:
114-00-162, 163, 164 Beverly Brooks
Requested by: Ragan-Smith-Associates, 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 amending the Commercial Planned Unit Development located at Old Hickory Boulevard (unnumbered), at the northeast corner of Old Hickory Boulevard and I-40, zoned CL (5.93 acres), to permit 39,612 square feet of retail and restaurant uses where a 124-room motel and 8,140 square feet of commercial uses were previously approved, all of which is described herein (Proposal No. 118-85P-001).

BILL NO. BL2010-778 (Toler)
Approved by Planning Commission (8-0-1)
Map & Parcel No./Owner:
186-014.01, 021, 026 James & Williams McFarlin etal, Ruth Marie McFarlin & Newco-Burkitt, LLC
Requested by: Regency-PGM-Burkitt, 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 AR2a to SP zoning for properties located at 7022 Nolensville Pike, Nolensville Pike (unnumbered), and Burkitt Road (unnumbered), at the southeast corner of Nolensville Pike and Burkitt Road (17.98 acres), to permit commercial uses, all of which is described herein (Proposal No. 2009SP-006-001).

BILL NO. BL2010-779 (Coleman)
Map & Parcel No./Owner/Requested by:
175-36 Saeed Sassan

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 IG to SP zoning for property located at 12761 Old Hickory Boulevard, approximately 350 feet north of Logistics Way (3.28 acres), to permit daycare center, personal care instruction, retail and restaurant/bar uses as well as certain uses permitted in the IG zoning district, all of which is described herein (Proposal No. 2010SP-012-001).

BILL NO. BL2010-780 (Hunt)
Map & Parcel No./Owner:
49-140, 200, 319 Fontanel Properties, LLC
Requested by: EDGE Planning Landscape Architects

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 SP District (adopted with Council Bill BL2009-561) for the previously approved Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to amend the allowed capacity of the Seasonal Performance Entertainment Venue from 2,500 to 4,500 persons, to amend the event season from May 1-October 31 to April 1-November 30, to amend the maximum number of events from eight (one per month with two floating dates) to fourteen (one per month with six floating dates ) with no more than two per month, and to allow unimproved seasonal parking on the east side of Whites Creek, all of which is described herein (Proposal No. 2009SP-022-003).

BILL NO. BL2010-781 (Moore)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
106-3-106, 107 FMBC Investments, 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 SP zoning for properties located at 1078 2nd Avenue South and at 112 Mildred Shute Avenue, at the northeast corner of 2nd Avenue South and Mildred Shute Avenue (0.13 acres), to permit the development of three residential dwelling units, all of which is described herein (Proposal No. 2010SP-015-001).

BILL NO. BL2010-782 (Gotto)
Approved by Planning Commission (8-0)

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 “Personal Care Services” in Nashville and Davidson County, all of which is more particularly described herein (Proposal No. 2010Z-018TX-001).

BILL NO. BL2010-783 (Cole, Claiborne, Jameson)

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Regulations, relative to Nonconforming Uses and Structures, all of which is more particularly described herein (Proposal No. 2010Z-019TX-001).

BILL NO. BL2010-784 (Hollin, Claiborne & others)

An ordinance to amend Section 17.40.650 of the Metropolitan Code, Zoning Regulations, to provide for relocation of Nonconforming Uses, all of which is more particularly described herein (Proposal No. 2010Z-020TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2010-699 (Stanley)
Disapproved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
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. BL2010-760 (Barry)
Referred to Budget & Finance Committee

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2010-2011.

BILL NO. BL2010-761 (Bennett)
Referred to Health, Hospitals & Social Services Committee

An ordinance amending Chapter 8.04 of the Metropolitan Code to authorize the presence of pet dogs in outdoor dining areas of restaurants.

BILL NO. BL2010-762 (Jernigan)
Referred to Health, Hospitals & Social Services Committee

An ordinance amending Chapters 10.26 and 10.28 of the Metropolitan Code pertaining to the prosecution of offenders of the high weeds and excessive vegetation provisions in the Code.

BILL NO. BL2010-763 (Gilmore)
Referred to Codes
and Public Safety Committee

An ordinance amending Section 11.12.070 of the Metropolitan Code pertaining to noise in certain areas of downtown Nashville.

BILL NO. BL2010-764 (Ryman, Barry)
Referred to Budget & Finance
and Convention & Tourism Committees

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 Omni Nashville, LLC.

BILL NO. BL2010-765 (Barry, Baker & others)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Water Services Department to submit application(s) for grants from the Tennessee Emergency Management Agency to the Metropolitan Government of Nashville and Davidson County for hazard mitigation, and the expenditure of funds and future acquisition of property upon approval of the Metropolitan Council by resolution.

BILL NO. BL2010-766 (Toler, Ryman)
Referred to Personnel Committee

An ordinance to clarify the status of former employees of the Metropolitan Convention Center Commission.

BILL NO. BL2010-767 (Matthews, Maynard)
Referred to Public Works
and Planning & Zoning Committee

An ordinance naming the Tucker Road Bridge over Whites Creek in honor of Robert Woods.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2010-736 (Hollin)
Approved by Planning Commission (7-0)
and Planning & Zoning Committee
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 and permitting Animal Boarding Facilities with conditions, all of which is described herein (Proposal No. 2007SP-122-005).

BILL NO. BL2010-747 (Jameson, Gilmore)
Approved by Public Safety Committee

An ordinance amending Section 7.16.030 of the Metropolitan Code pertaining to the street access requirements for artisan distilleries selling commemorative bottles of alcohol produced on site.

BILL NO. BL2010-748 (Jernigan)
Approved by Traffic & Parking Commission (7-0)
and Traffic & Parking Committee

An ordinance amending Title 12 of the Metropolitan Code regarding the operation and parking of large vehicles on local streets.

BILL NO. BL2010-749 (Craddock)
Approved by Public Safety Committee

An ordinance amending Chapter 6.81 of the Metropolitan Code pertaining to the booting of vehicles.

BILL NO. BL2010-750 (Steine, Harrison)
(As Amended)
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 HealthSpring, Inc.

BILL NO. BL2010-751 (Ryman)
Approved by 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 February16, 2010.

BILL NO. BL2010-752 (Gilmore)
Approved by Planning Commission
Traffic & Parking Commission (7-0)
Public Works, Traffic and Parking
and Planning & Zoning Committees
Requested by: U.S. General Services Administration

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 McGavock Street (Proposal No. 2010M-010AB-001).

BILL NO. BL2010-755 (Langster)
Approved by Budget & Finance
and Public Safety Committees

An ordinance approving a Memorandum of Understanding between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the International Association of Chiefs of Police, regarding participation in an officer injury study.

SUBSTITUTE BILL NO. BL2010-756 (Langster, Hodge & others)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of property by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 10-R-1, 28th Avenue / 31st Avenue Connector, from Park Plaza to the south side of the Nashville and Western Railroad tracks (Proposal No. 2010M-008PR-001).

BILL NO. BL2010-757 (Bennett, Barry, Hodge)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acceptance or acquisition of easements by negotiation or condemnation for the purpose of construction of sidewalks and associated improvements along the west side of Oakwood Avenue between Slaydon Avenue and Bullock Avenue, Proposal No.2010M-026ES-001.

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2010-1411 (Cole)
Referred to Public Works Committee

A resolution urging the Tennessee Valley Authority (TVA) to implement an energy efficiency plan that commits to reduce electricity consumption by at least one percent per year for the next five years.