Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, December 7, 2010
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Social Services Commission
Appointment of Ms. Mary Rolando for a term expiring April 3, 2015.
Ms. Rolando will fill the unexpired term of Mr. Patrick Willard.

Transportation Licensing Commission
Appointment of Mr. Samir “Sam” Patel for a term expiring October 10, 2012.

- RESOLUTIONS -

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

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. RS2010-1455 (Mitchell, Hodge, Barry)
Approved by 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. RS2010-1464 (Steine, Jameson)
Referred to Budget & Finance
and Education Committees

A resolution appropriating the sum of Twelve Thousand Dollars ($12,000) from the undesignated fund balance of the Community Education Enterprise Fund for the benefit of the Community Education Commission.

RESOLUTION NO. RS2010-1465 (Crafton)
Referred to Rules Committee

A resolution removing the members of the Metropolitan Board of Fair Commissioners.

RESOLUTION NO. RS2010-1466 (Barry, Hodge & others)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing the Metropolitan Water Services Department pursuant to BL2010-765 to negotiate and acquire property damaged in the floods of May 1 and 2 of 2010 for hazard mitigation.

RESOLUTION NO. RS2010-1467 (Bennett, Hodge, Barry)
Referred to Budget & Finance
and Public Works Committees

A resolution approving Amendment One to the grant agreement by and between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Public Works, for the construction of 1,570 linear feet of sidewalk along Oakwood Avenue in the vicinity of Tom Joy Elementary School, PIN 112312.00.

RESOLUTION NO. RS2010-1468 (Adkins, Hodge & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for the FY2011 Transportation Enhancement Grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Public Works, for Phase 1 construction for the Harding Place Pedestrian Network.

RESOLUTION NO. RS2010-1469 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County to fund costs related to homeland security preparedness activities associated with implementing the Tennessee State Homeland Security Strategy and National Preparedness Goal.

RESOLUTION NO. RS2010-1470 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a lease contract by and between The Metropolitan Government of Nashville and Davidson County and Pro-Fire Equipment, LLC for the lease of two pumper tankers for the Metropolitan Nashville Fire Department.

RESOLUTION NO. RS2010-1471 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for a G.R.E.A.T. (gang resistance education and training) school-based law enforcement officer instructed classroom curriculum.

RESOLUTION NO. RS2010-1472 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department for a G.R.E.A.T. (gang resistance education and training) Regional Training Center to provide training for officers.

RESOLUTION NO. RS2010-1473 (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 rapid HIV testing services to at-risk individuals in a clinical setting.

RESOLUTION NO. RS2010-1474 (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 ARRA funding for project diabetes implementation activities to reduce the risk of adolescent diabetes by focusing on obesity prevention through physical activity and exercise.

RESOLUTION NO. RS2010-1475 (Barry)
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 establish programs for incumbent worker training at companies in Rutherford, Wilson, Trousdale, and Davidson counties (LW09F108IWSWA10).

RESOLUTION NO. RS2010-1476 (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 establish programs and deliver services to prepare dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09F111DSLWK11).

RESOLUTION NO. RS2010-1477 (Barry)
Referred to Budget & Finance
and Personnel Committees

A resolution accepting an incentive 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 fund various programs and deliver services (LW09F112NCSWA11).

RESOLUTION NO. RS2010-1478 (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 (LW09F111MNSWA11).

RESOLUTION NO. RS2010-1479 (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 (LW09F111DWRSP11).

RESOLUTION NO. RS2010-1480 (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 establish programs and deliver services to prepare adults for re-entry into the labor force (LW09F111ADULT11).

RESOLUTION NO. RS2010-1481 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Joseantonio Melton and Teresa Patterson-Melton asserted against The Metropolitan Government of Nashville and Davidson County for the total amount of $80,000, and directing that this amount be paid out of the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-799 (Claiborne, Stanley)
Map & Parcel No./Owner:
Map 084-15, Parcels 162-164
Map 084-16, Various Parcels
Map 085-13, Parcels 017, 046-049
Map 095-03, Various Parcels
Map 095-03-0-A, Parcels 001-072
Map 095-04, Various Parcels
Map 096-01, Various Parcels
Map 096-02, Various Parcels
Map 900-00, Parcel 007.19
Requested by: Metro Planning Department, Council members Claiborne and 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 Downtown Donelson Urban Design Overlay District for properties located on Lebanon Pike from Briley Parkway to Stewarts Ferry Pike, and on Old Lebanon Pike, J.B. Estille Drive, Donelson Pike, Fairway Drive, McGavock Pike, Crump Drive, Park Drive, Graylynn Drive, Cliffdale Drive, and Benson Road (229.35 acres), to revise signage standards, all of which is described herein (Proposal No. 2009UD-001-002).

BILL NO. BL2010-800 (Langster)
Map & Parcel No./Owner:
92-15-135, 137 RMR TN West End, LLC
Requested by: Ragan-Smith 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 CS to SP zoning for properties located at 2400, 2402 and 2404 West End Avenue, at the northwest corner of West End Avenue and 24th Avenue North (1.37 acres), to permit the development of a structure containing hotel, retail, and restaurant uses with underground parking, all of which is described herein (Proposal No. 2010SP-021-001).

BILL NO. BL2010-801 (Evans)
Approved by Planning Commission (7-0)
Map & Parcel No./Owner:
130-01-0-C 001-015 Harding Academy
Requested by: Barge Cauthen & 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 canceling the Harding Place Condos Residential Planned Unit Development located at 112 Harding Place, east of Harding Pike, zoned Multi-Family Residential (RM40) and within the Floodplain Overlay District (0.87 acres), approved for 14 condominium units, all of which is described herein (Proposal No. 2005P-005-001).

BILL NO. BL2010-802 (Evans)
Approved by Planning Commission (7-0)
Map & Parcel No./Owner:
130-01-0-C 001-015 Harding Academy
Requested by: Barge Cauthen & 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 approximately 0.87 acres from RM40 and within the Floodplain Overlay District to SP to construct 60 parking spaces for Harding Academy on property located at 112 Harding Place, east of Harding Road, all of which is described herein (Proposal No. 2010SP-018-001).

BILL NO. BL2010-803 (Gotto)
Map & Parcel No./Owner:
86-355 Davco-O.H. Blvd Properties
Requested by: Anderson, Delk, Epps & 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 RM9 to SP zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), to permit a mixture of commercial and/or medical uses along with a possible assisted-living facility and active senior living, all of which is described herein (Proposal No. 2010SP-019-001).

BILL NO. BL2010-804 (Hollin)
Approved by Planning Commission (6-0)
Map & Parcel No./Owner:
71-11-016 Akal Group, Inc.
Requested by: MDHA

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 SP zoning for property located at 1503 Dickerson Pike, at the northeast corner of Dickerson Pike and Gatewood Avenue and within the Dickerson Pike Sign Urban Design Overlay (2.25 acres), to permit all uses permitted by RM60 zoning, all of which is described herein (Proposal No. 2010SP-017-001).

BILL NO. BL2010-805 (Maynard)
Map & Parcel No./Owner:
164-041 Vastland Starwood Development, LLC
Requested by: R. Chris Magill Consulting, 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 amending the SP District (adopted with Council Bill BL2008-137) for the previously approved Starwood Commons Specific Plan District, for property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to allow all previously approved uses associated with the Starwood Amphitheater to be temporarily permitted, all of which is described herein (Proposal No. 2008SP-002-002).

BILL NO. BL2010-806 (Barry)

An ordinance amending Title 2 of the Metropolitan Code of Laws relative to Economic and Community Development Incentive Grants.

BILL NO. BL2010-807 (Gilmore)

An ordinance amending Title 2 of the Metropolitan Code to create a Food Policy Council.

BILL NO. BL2010-808 (Wilhoite)

An ordinance amending Section 2.222.020 of the Metropolitan Code to allow Members of the Metropolitan Council to act as a non-compensated representative for constituents before Metropolitan Government departments, agencies, boards and commissions.

BILL NO. BL2010-809 (Gotto, Craddock)

An ordinance amending Chapter 2.44 of the Metropolitan Code to require the Police Department to provide an honor guard and/or police escort for the funerals of retired and active police officers at the request of the officer’s family.

BILL NO. BL2010-810 (Hollin)

An ordinance amending Chapter 2.196 of the Metropolitan Code to require lobbyists to file a notice of withdrawal upon the termination of lobbying services.

BILL NO. BL2010-811 (Jameson)

An ordinance amending Section 11.12.070 of the Metropolitan Code to prohibit the use of personal sound amplification equipment on the public rights-of-way within downtown Nashville.

BILL NO. BL2010-812 (Tygard, Garrett & others)

An ordinance naming the Metropolitan Council Chamber in honor of David Scobey.

BILL NO. BL2010-813 (Hollin, Hodge, Barry)

An ordinance approving a construction agreement with CSX Transportation, Inc.

BILL NO. BL2010-814 (LaLonde, Barry, Hodge)

An ordinance approving an agreement between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, for the installation of and access to wind and solar power generating facilities on Love Circle Reservoir property in Davidson County, Tennessee and authorizing the execution of same.

BILL NO. BL2010-815 (Forkum, Barry, Hodge)
Approved by Planning Commission

An ordinance authorizing the acquisition of property or easements by negotiation or condemnation for use in public projects of the Metropolitan Government of Nashville and Davidson County, initially with relation to Project Number 03-D-00500, Pierce Road, as listed on Exhibit A (Proposal No. 2009M-022PR-001).

BILL NO. BL2010-816 (Jernigan, Barry, Hodge)

An ordinance authorizing the acceptance or acquisition of easements by negotiation or condemnation for the purpose of construction, operation, maintenance, repair, replacement and inspection of a proposed streambank stabilization project on the Cumberland River adjacent to Waterford subdivision.

BILL NO. BL2010-817 (Tygard, Crafton)

An ordinance naming the bridge on Old Harding Pike over the Harpeth River in honor and memory of Joseph and Bessie Formosa and Mary Jane McCormac.

BILL NO. BL2010-818 (Harrison)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Requested by: R.C. Calligan & RCC LLC

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 Alley No. 2007 (Proposal No. 2010M-011AB-001).

BILL NO. BL2010-819 (Jameson)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Requested by: S. Mitchell Hodge, North Egg Ventures LLC

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 Lakehurst Drive (Proposal No. 2010M-013AB-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. BL2010-792 (Coleman, Barry & others)
Approved by Planning Commission
Referred to Budget & Finance, Codes
Health, Hospitals & Social Services, Parks & Library
and Planning & Zoning Committees

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 (Proposal No. 2010M-013PR-001).

BILL NO. BL2010-793 (Barry, Langster)
Referred to Budget & Finance
and Traffic & Parking Committees

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)
Referred Public Works Committee

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)
Referred to Budget & Finance
and Public Works Committees

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)
Referred to Budget & Finance
and Public Works Committees

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)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Rogers 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.

- BILLS ON THIRD READING -

BILL NO. BL2010-778 (Toler)
(As Amended)
Approved by Planning Commission (8-0-1)
and 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. BL2010-784 (Hollin, Claiborne & others)
Referred to Planning Commission
Approved by 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
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).

SUBSTITUTE BILL NO. BL2010-788 (Maynard, Jameson & others)
Approved by Budget & Finance
and Codes Committees

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

BILL NO. BL2010-789 (Forkum, Ryman)
Approved by 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)
Approved by 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)
Approved by 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.

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2010-1482 (Hollin)
Referred to Budget & Finance Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation to further limit the amount of finance charges and fees cash advance establishments can charge.