Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, November 16, 2010
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Health and Educational Facilities Board
Nominations to fill one (1) vacancy for a term expiring September 20, 2016; election on December 7, 2010.

Transportation Licensing Commission
Reappointment of Mr. Tom Turner for a term expiring October 10, 2012.

- PUBLIC HEARING -

RESOLUTION NO. RS2010-1441 (Hollin)
Referred to Public Safety Committee

A resolution exempting Holland House Bar & Refuge located at 935 W. Eastland Avenue from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1415 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Three to a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Systech International, LLC for services relating to automobile emission testing.

RESOLUTION NO. RS2010-1442 (Barry, Hodge)
Referred to Budget & Finance Committee

Resolution authorizing and providing for the issuance and sale of water and sewer revenue bonds; providing for the collection and disposition of revenues from the water and sewer system of the Metropolitan Government; making provision for the operation of said system; and prohibiting the issuance of additional indebtedness on a superior lien to said bonds.

RESOLUTION NO. RS2010-1443 (Barry, Hodge)
Referred to Budget & Finance Committee

Resolution supplemental to Resolution No. RS2010-1442, authorizing the execution, terms, issuance, sale and payment of water and sewer revenue bonds in multiple series in the aggregate principal amount of not to exceed $400,000,000.

RESOLUTION NO. RS2010-1444 (Ryman)
Referred to Budget & Finance
and Convention & Tourism Committees

A resolution approving an amendment to 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 to clarify the permissible uses of the existing Convention Center fund balance.

RESOLUTION NO. RS2010-1445 (Barry, Langster)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for Juvenile Accountability Block Grant funding to enhance court staffing to supervise delinquent youth.

RESOLUTION NO. RS2010-1446 (Langster, Barry)
Referred to Budget & Finance, Parks
and Public Safety Committees

A resolution accepting a grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police, Sheriff, Parks, and Juvenile Court for fifty percent of the funding for 138 bulletproof vests.

RESOLUTION NO. RS2010-1447 (Barry, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving the amount of the application fee required for a certificate of public convenience and necessity for motorized, non-taxi passenger vehicles for hire.

RESOLUTION NO. RS2010-1448 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution appropriating funds from a Child and Adult Care Food Program (CACFP) grant from the Tennessee Department of Human Services to the Metropolitan Action Commission to supply free meals and snacks for Head Start students.

RESOLUTION NO. RS2010-1449 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving amendment one to a grant from the Tennessee Department of Human Services to the Metropolitan Action Commission for the Low Income Home Energy Assistance Program (LIHEAP) to provide regular energy assistance and emergency energy assistance for eligible low income customers.

RESOLUTION NO. RS2010-1450 (Barry, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University, by and through its Medical Center POD, to provide licensed medical employees and other licensed medical professionals specified by the Worksite POD with mass prophylaxis for distribution in the event of a public health emergency.

RESOLUTION NO. RS2010-1451 (Forkum)
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 Belmont University School of Pharmacy to provide safeguards to prevent the use or disclosure of protected health information.

RESOLUTION NO. RS2010-1452 (Maynard, Barry)
Referred to Budget & Finance
and Parks Committees

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks and Recreation Department, to provide twelve big band dances in Centennial Park.

RESOLUTION NO. RS2010-1453 (Hodge, Barry, Langster)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing the Metropolitan Mayor to enter into an agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County for a Flood Preparedness Study.

RESOLUTION NO. RS2010-1454 (Barry, Hodge)
Referred to Budget & Finance
and Public Works Committees

A resolution approving cooperative agreement No. 11E4TN25250020 with the United States Department of the Interior - United States Geological Survey for an expanded flow monitoring program for FY2011 and 2012 to add additional gauges on the Cumberland River and several tributary streams in Davidson County.

RESOLUTION NO. RS2010-1455 (Hodge, Barry)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an agreement by and between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Public Works, for the widening and relocation of three ramps at the interchange of I-40 with McCrory Lane and realignment and widening of a portion of McCrory Lane, and authorizing the execution of the same. PIN Number 111068.00.

RESOLUTION NO. RS2010-1456 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Corner Partnership LLC to install, construct and maintain an aerial encroachment at 322 Broadway for Margaritaville (Proposal No. 2010M-009EN-001).

RESOLUTION NO. RS2010-1457 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Connie Powell against The Metropolitan Government of Nashville and Davidson County for $9,000.00.

RESOLUTION NO. RS2010-1458 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Sally A. Deane.

RESOLUTION NO. RS2010-1459 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s claim against Dennis Hudson.

RESOLUTION NO. RS2010-1460 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Shelly Murphy.

RESOLUTION NO. RS2010-1461 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Natasha Ralston.

RESOLUTION NO. RS2010-1462 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Utiliquest.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-792 (Coleman, Barry & others)

An ordinance approving three lease agreements for the lease of space in Hickory Hollow Mall by The Metropolitan Government of Nashville and Davidson County from Hickory Hollow Mall Limited Partnership and Hickory Hollow/SB, LLC.

BILL NO. BL2010-793 (Barry, Langster)

An ordinance amending Title 1, Title 5, Title 6, Title 11, and Title 12 of the Metropolitan Code pertaining to fines and penalties for violations of ordinances, resolutions, rules, regulations, or orders of the Metropolitan Government.

BILL NO. BL2010-794 (Jernigan, Jameson & others)

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to low impact development practices, no adverse impact design, and associated incentives.

BILL NO. BL2010-795 (Evans, Baker)

An ordinance accepting a contribution in an amount not to exceed $200,000 from The Parkes Companies, Inc., for traffic calming and beautification projects in the Annex Avenue and Hillwood neighborhoods, and appropriating said amount to the Department of Public Works.

BILL NO. BL2010-796 (Barry, Hodge)

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, and CCBCC Operations, LLC, for the purpose of promoting recycling and environmental awareness through a Recycle and Win Program.

BILL NO. BL2010-797 (Baker, Hodge, Barry)

An ordinance authorizing the Metropolitan Government to participate with Rodgers Group, Inc. to improve public sewer service in Davidson County by constructing the Basswood and Cockrill Bend Trunk Sewer Line Relocation Project No: 10-SL-206.

BILL NO. BL2010-798 (Evans)

An ordinance amending Sections 17.04.060 and 17.32.050 of Title 17 of the Metropolitan Code, Zoning Regulations, to add a definition for tri-face billboards and to exempt tri-face billboards from the distance requirements applicable to electronic signs (Proposal No. 2010Z-023TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2010-734 (Holleman, Jameson, Cole)
Approved by Traffic & Parking Commission (6-0)
Referred to Budget & Finance
and Traffic & Parking Committees

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. BL2010-763 (Gilmore)
Referred to Codes
and Public Safety Committees

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

BILL NO. BL2010-770 (Dominy, Duvall & others)
Referred to Budget & Finance
and Codes Committees

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. BL2010-784 (Hollin, Claiborne & others)
Referred to Planning Commission
and Planning & Zoning Committee

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).

BILL NO. BL2010-787 (Gilmore, Jameson, Maynard)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance authorizing the exchange of vacant property for the purpose of acquiring land for recreational use by the Metropolitan Government (Proposal No. 2010M-011PR-001).

BILL NO. BL2010-788 (Maynard, Jameson & others)
Referred to Budget & Finance
and Codes Committees

An ordinance amending Chapters 15.20, 15.36, 16.12, 16.16, 16.20, and 16.28 of the Metropolitan Code to provide water and sewer capacity charge credits, and electrical, plumbing, gas/mechanical, and building permit fee discounts for workforce housing developments.

BILL NO. BL2010-789 (Forkum, Ryman)
Referred to Public Works
and Planning & Zoning Committees

An ordinance amending Section 13.08.015 of the Metropolitan Code to require street name changes to be submitted to the Metropolitan Historical Commission for review prior to consideration by the Metropolitan Council.

BILL NO. BL2010-790 (Hodge, Barry)
Referred to Budget & Finance
and Public Works Committees

An ordinance continuing the current ten percent user surcharge to fund water and sewerage system operations, capital improvements, and debt obligations of the Metropolitan Government related to improvements, alterations and extensions of the water and sewerage systems.

BILL NO. BL2010-791 (Mitchell, Hodge, Barry)
Referred to Budget & Finance
and Public Works Committees

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Department of Public Works, and The Nashville Biltmore LP to establish respective responsibilities pertaining to widening and relocation of three ramps at interchange of I-40 with McCrory Lane in Davidson County and realignment and widening of a portion of McCrory Lane, and funding thereof, and authorizing the execution of the same.

- BILLS ON THIRD READING -

BILL NO. BL2010-746 (Page)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee

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).

SUBSTITUTE BILL NO. BL2010-762 (Hunt)
Approved by Health, Hospitals & Social Services Committee

An ordinance amending Chapter 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. BL2010-769 (Coleman, Gilmore, Barry)
Approved by Planning Commission
Budget and Finance, Education
and Planning & Zoning Committees

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. BL2010-771 (Harrison)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
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. BL2010-773 (Mitchell)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
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. BL2010-775 (Matthews)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
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)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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. BL2010-780 (Hunt)
Approved by Planning Commission
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
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 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. BL2010-785 (Burch)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
106-16-53 Afsoon Hagh & Parvin Arjmandi

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 SP zoning for property located at 1044 Murfreesboro Pike, at the southeast corner of Murfreesboro Pike and Philfre Court (0.22 acres), located partially within the Floodplain Overlay District, to permit all uses permitted by CS zoning and automobile repair, all of which is described herein (Proposal No. 2010SP-013-001).