Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, February 7, 2012
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PROPOSED RULES AMENDMENT-

Proposed amendment to Rule No. 12 of Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Arts Commission
Reappointment of Ms. Meg MacFadyen for a term expiring January 1, 2016.
Appointment of Mr. Santi Tetel for a term expiring January 1, 2014.
Mr. Tetel will fill the unexpired term of Mr. Jeff Carr.

Electrical Examiners & Appeals Board
Reappointment of Mr. James Shaw for a term expiring February 2, 2016.

Metropolitan Development & Housing Agency
Appointment of Ms. Anna Page for a term expiring November 5, 2014.
Ms. Page will fill the unexpired term of Mr. Arnette Bodenhamer.

Tourism & Convention Commission
Appointment of Mr. Fletcher Foster for a term expiring June 30, 2012.
Mr. Foster will fill the unexpired term of Mr. David Glaslow.

Work Release Board (Nominees of Sheriff Daron Hall)
Reappointment of Mr. Don Purdy for a term expiring January 1, 2014.
Reappointment of Ms. Dorcas Sheffield for a term expiring January 1, 2014.

- CONSENT AGENDA RESOLUTIONS –

- RESOLUTIONS -

RESOLUTION NO. RS2012-136 (McGuire, Moore)
Referred to Budget & Finance
and Federal Grants Review Committees

A resolution approving the appropriation of $300,000 of income in the Capitol Mall Urban Development Action Grant (UDAG) to the Metropolitan Development and Housing Agency for the development of the Nashville Entrepreneur Center.

RESOLUTION NO. RS2012-137 (McGuire, Moore)
Referred to Budget & Finance
and Federal Grants Review Committees

A resolution approving the appropriation of $300,000 of income in the Capitol Mall Urban Development Action Grant (UDAG) to the Metropolitan Development and Housing Agency for the expansion of the Nashville office of ServiceSource.

RESOLUTION NO. RS2012-138 (Dowell, McGuire, Matthews)
Approved by Planning Commission
Referred to Budget & Finance, Education
and Planning & Zoning Committees

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (a part of Map 164- Parcel 262.00) for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2011M-017PR-001).

RESOLUTION NO. RS2012-139 (Tygard, Barry, McGuire)
Referred to Budget & Finance, Convention & Tourism
and Personnel 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 provision of insurance benefits for qualifying employees of the Convention Center Authority.

RESOLUTION NO. RS2012-140 (McGuire, Mitchell)
Referred to Budget & Finance Committee

A resolution approving Amendment Two to a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to reduce recidivism rates among felony offenders with mental health and substance abuse disorders.

RESOLUTION NO. RS2012-141 (Mitchell, McGuire)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a sub-grant interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the acting by and through the Office of Emergency Management, and the Wilson County Sheriff’s Department for participation in the Fiscal Year 2010 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. 2010-PU-T0-K054).

RESOLUTION NO. RS2012-142 (McGuire, Mitchell)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a sub-grant interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the acting by and through the Office of Emergency Management, and the City of Hendersonville for participation in the Fiscal Year 2010 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. 2010 –PU-T0-K054).

RESOLUTION NO. RS2012-143 (McGuire, Mitchell)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application and accepting a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to enhance the Nashville Port-Wide Area and maritime infrastructure to prevent, protect, respond to and recover from threats or acts of terrorism.

RESOLUTION NO. RS2012-144 (McGuire, Mitchell)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a grant from The Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in collaboration with the Metropolitan Animal Control Center, to build animal shelters.

RESOLUTION NO. RS2012-145 (Langster, McGuire)
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 HIV/AIDS prevention, surveillance and sexually transmitted disease program services.

RESOLUTION NO. RS2012-146 (McGuire, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Five 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. RS2012-147 (McGuire, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a trading partner agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Amerigroup Tennessee, Inc. for electronic data exchange of certain claims and billing information.

RESOLUTION NO. RS2012-148 (McGuire, Hunt)
Referred to Budget & Finance
and Public Works Committees

A resolution approving a FastTrack Infrastructure Development Program grant contract from the State of Tennessee, Department of Economic and Community Development, to the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2012-149 (McGuire, Hunt)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an agreement between the Metropolitan Government of Nashville and Davidson County and the Nashville Entrepreneur Center regarding implementation and funding of a FastTrack Infrastructure Development Program grant.

RESOLUTION NO. RS2012-150 (McGuire, Jernigan)
Referred to Budget & Finance
and Parks Committees

A resolution approving an application for a Big Band Dances 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.

RESOLUTION NO. RS2012-151 (Westerholm, McGuire, Jernigan)
Referred to Budget & Finance
and Parks Committees

A resolution approving an application for the Kirkpatrick Park Summer Enrichment Program Grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to offer children in the neighborhood enrichment activities during the summer.

RESOLUTION NO. RS2012-152 (Westerholm, McGuire, Jernigan)
Referred to Budget & Finance
and Parks Committees

A resolution approving an application for the Swim Youth Enrichment Program Grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to provide vital swim lessons and water safety training for children living in neighborhoods around community pools.

RESOLUTION NO. RS2012-153 (McGuire)
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 Hardrock Directional Drilling.

RESOLUTION NO. RS2012-154 (McGuire)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Beverly Batey against The Metropolitan Government of Nashville and Davidson County for $6,000.00.

RESOLUTION NO. RS2012-155 (McGuire)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Queneshia Johnson against the Metropolitan Government of Nashville and Davidson County in the amount of $10,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2012-156 (McGuire)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury and property damage claims of Sandra and Donald Murphree against the Metropolitan Government of Nashville and Davidson County in the amount of $45,000.00.

RESOLUTION NO. RS2012-157 (McGuire)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Aileen Rose against The Metropolitan Government of Nashville and Davidson County for $10,000.00.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2012-93 (Claiborne, McGuire)

An ordinance amending Ordinance No. BL2011-950 to define the owner of the Project related to the negotiation and acceptance of payments in lieu of ad valorem taxes with respect to Standard Candy Company.

BILL NO. BL2012-94 (Claiborne, Hunt)
Approved by Planning Commission

An ordinance abandoning approximately 530 feet of a 2 inch water main and easement on properties located at 2801 and 2815 Lebanon Pike at the southeast corner of Lebanon Pike and Donelson Pike (Proposal No. 2011M-017ES-001).

BILL NO. BL2012-95 (Dowell)

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by changing the name of Mt. View Parkway to Crossings Boulevard (Proposal No. 2012M-002SR-001).

BILL NO. BL2012-96 (Pridemore)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
43-9-259 Franklin D. Conley

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 the OR20 to MUL district for property located at 105 Duling Avenue, approximately 195 feet east of Gallatin Pike (0.19 acres), all of which is described herein (Proposal No. 2011Z-025PR-001).

BILL NO. BL2012-97 (Hunt)
Approved by Planning Commission (10-0)
Map & Parcel No./Owner:
31-112 VF Imagewear Red Kap Industries
Requested by: J & S Construction

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 cancelling the Red Kap Industries Industrial Planned Unit Development Overlay District located at 554 Hickory Hills Boulevard, approximately 1,000 feet north of Old Hickory Boulevard, zoned OR20 and proposed for SP (25.0 acres), all of which is described herein (Proposal No. 96-81P-002).

BILL NO. BL2012-98 (Hunt)
Approved by Planning Commission with conditions (10-0)
Map & Parcel No./Owner:
31-112 VF Imagewear Red Kap Industries
Requested by: J & S Construction

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 554 Hickory Hills Boulevard, approximately 1,000 feet north of Old Hickory Boulevard (25.0 acres), to permit a building expansion to a maximum of 295,000 total square feet to an existing building permitting distributive business, warehouse and light manufacturing uses, all of which is described herein (Proposal No. 2012SP-003-001).

BILL NO. BL2012-99 (Moore)
Approved by Planning Commission (8-0)
Map & Parcel No./Owner/Requested by:
105-7-407 Tony & Maryan Sarmadi

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 BL2006-1229) for the previously approved H & M Motors Specific Plan District located at 1525 4th Avenue South, at the northwest corner of 4th Avenue South and Mallory Street (0.44 acres), to permit Auto Sales New, Auto Sales Used, Auto Service and all uses permitted by MUL-A zoning and to remove the condition required by BL2006-1229 for a sidewalk along Mallory Street, all of which is described herein (Proposal No. 2006SP-105-002).

BILL NO. BL2012-100 (Stanley)
Approved by Planning Commission (10-0)
Map & Parcel No./Owner:
85 Part of Parcel 7 Ravenwood Country Club LLC
Requested by: E. Phillips Development

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 the AR2a district to RS10 district for a portion of property located at 1176 Stones River Road, north of Stone Hall Boulevard (4.9 acres), all of which is described herein (Proposal No. 2012Z-003PR-001).

BILL NO. BL2012-101 (Stanley)
Approved by Planning Commission (10-0)
Map & Parcel No./Owner:
85-213 & Part of Parcel 7 Ravenwood Country Club LLC
Requested by: E. Phillips Development

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 a portion of the Ravenwood Residential Planned Unit Development Overlay District located on the north side of Stones River Road northwest of Lebanon Pike zoned RM6 and RS10 by adding approximately 4.9 acres zoned AR2a and proposed for RS10 and by changing the layout of a portion of the overlay to permit a total of 337 residential units within the entire overlay, all of which is described herein (Proposal No. 2005P-030-003).

BILL NO. BL2012-102 (Harrison)
Approved by Planning Commission with conditions (6-0)
Map & Parcel No./Owner:
81-2-205 Keo Seo & Kyung Han
Requested by: Enterprise Rent-A-Car

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 2712 Clarksville Pike, approximately 250 feet east of Ed Temple Boulevard (0.37 acres), to permit vehicular rental/leasing and all other uses permitted by the CS District, all of which is described herein (Proposal No. 2011SP-025-001).

BILL NO. BL2012-103 (Dominy)
Approved by Planning Commission with conditions (9-0)
Map & Parcel No./Owner:
148-66 Hickory MC Investments GP
Requested by: Clemmons & Assoc.

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 from RM6 to SP zoning for property located at Franklin Limestone Road (unnumbered), approximately 1,725 feet east of Antioch Pike (40.18 acres), and within the Floodplain Overlay District, to an asphalt plant and associated uses including temporary mineral extraction allowing blasting and crushing of stone for sale/transfer from the site during site preparation for asphalt plant, all of which is described herein (Proposal No. 2012SP-002-001).

BILL NO. BL2012-104 (Baker)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
103-2-32-35 DHJ Associates, Paul & Michele Somers & Somers 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 the R6 to CS district for properties located at 200, 202, 204 and 206 Oceola Avenue, at the northeast corner of Oceola Avenue and Burgess Avenue (0.91 acres), all of which is described herein (Proposal No. 2012Z-004PR-001).

BILL NO. BL2012-105 (Stanley)
Approved by Planning Commission (10-0)

Map & Parcel No./Owner:
85-11-5 Don & Christi McEachern
Requested by: Dale & Assoc.

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 Overlay District for property located at 209 Danyacrest Drive, at the northeast corner of Danyacrest Drive and Jenry Drive (2.78 acres), zoned RS15, all of which is described herein (Proposal No. 2011NL-002-001).

BILL NO. BL2012-106 (Dominy)
Map & Parcel No./Owner:
149-26 Pamela Meadows
Requested by: Anderson, Delk Epps & Assoc.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning for property located at 2158 Una Antioch Pike, approximately 1,915 feet south of Murfreesboro Pike (8.9 acres) and within the Floodplain Overlay District, to permit an assisted living and/or nursing facility, all of which is described herein (Proposal No. 2011SP-024-001).

BILL NO. BL2012-107 (Johnson)

An ordinance amending Chapter 17.40 of the Metropolitan Code to require replacement panels in multi-tenant signs to be consistent with the other signage on the property, all of which is more particularly described herein (Proposal No. 2012Z-004TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2011-56 (Tygard, Weiner, Dominy)
Referred to Rules Committee

An ordinance naming the General Sessions Court Judicial Library in honor of Judge Leon Ruben.

BILL NO. BL2011-83 (Stanley)
Re-referred to Budget & Finance Committee
Approved by Public Works Committees

An ordinance amending Chapter 15.52 of the Metropolitan Code pertaining to the extension of water mains to properties served by wells.

BILL NO. BL2012-91 (Weiner, Mitchell & others)
Referred to Budget & Finance Committee

An ordinance amending Section 2.04.030 of the Metropolitan Code to require fiscal impact statements to be prepared for pending legislation.

- BILLS ON THIRD READING -

BILL NO. BL2011-73 (Duvall)
Approved by Planning Commission (6-0)
and Planning & Zoning Committee with /amendment
Map & Parcel No./Owner:
165-73, 104-106, 130 Pinnacle National Bank
Requested by: Dale & Assoc.

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 Davenport Downs SP District for properties located at 4334 Maxwell Road and Maxwell Road (unnumbered), approximately 430 feet east of Flagstone Drive (65.74 acres), to permit 207 single-family residential units where 318 residential units were previously approved, all of which is described herein (Proposal No. 2006SP-081-001).

BILL NO. BL2011-74 (Duvall)
Approved by Planning Commission (6-0)
and Planning & Zoning Committee with amendment
Map & Parcel No./Owner:
176-66 Robert & Delores Davenport
Requested by: Dale & Assoc.

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 District to AR2a zoning for property located at Maxwell Road (unnumbered), approximately 1,575 feet east of Flagstone Drive (9.52 acres) and within the Floodplain Overlay District, all of which is described herein (Proposal No. 2006SP-081-002).

BILL NO. BL2011-75 (Banks)
Approved by Planning Commission (6-0)
and Planning & Zoning Committee with amendment
Map & Parcel No./Owner:
160-46 St. Martin Square Inc.
Requested by: Civil Site Design Group

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 a portion of the Seven Springs Planned Unit Development Overlay District for property located at 323 Seven Springs Way, opposite Cloverland Drive (3.71 acres), zoned OR40, to permit 144 multi-family units in a four-story building where 72 multi-family units were previously approved, all of which is described herein (Proposal No. 98P-007-002).

BILL NO. BL2011-82 (Claiborne, Hunt & others)
Approved by Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance adding a new Chapter 10.90 to the Metropolitan Code of Laws to authorize the acceptance of incomplete infrastructure for public completion and maintenance under limited circumstances in the interest of public health and safety.

BILL NO. BL2011-84 (Harmon, Potts & others)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of certain right of way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2011-M-4, sidewalk improvements on Harding Place from Nolensville Pike to I-24 (Proposal No. 2012M-002PR-001).

BILL NO. BL2011-85 (McGuire, Hunt)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of certain right of way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2010-B-002, bridge replacement on Orlando Avenue (Proposal No. 2010M-027ES-001).

BILL NO. BL2011-86 (Langster, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning 450 feet of an 8 inch sanitary sewer line and public utility easements retained by Ordinance No. O65-483 and Ordinance No. O79-1477 and to accept the relocation of 234 feet of an 8 inch DIP sewer main and a manhole located at 28th Avenue North (unnumbered) (Proposal No. 2011M-015ES-001).

BILL NO. BL2011-87 (Moore)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

A ordinance authorizing Trevecca Nazarene University to install, construct and maintain an underground encroachment between 93 and 86 Nance Lane (Proposal No. 2012M-001EN-001).

BILL NO. BL2012-89 (Moore)
Approved by Planning Commission
Traffic & Parking Commission (6-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Jay McDaniel

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. 1806 (Proposal No. 2012M-001AB-001).

BILL NO. BL2012-90 (Evans)
Approved by Planning Commission
Traffic & Parking Commission (6-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Jimmy Granbery

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 Fransworth Drive right-of-way (Proposal No. 2011M-012AB-001).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2012-158 (Duvall)
Referred to Rules Committee

A resolution calling for the resignation of Davidson County Clerk John Arriola.

RESOLUTION NO. RS2012-159 (S. Davis)
Referred to Federal Grants Review Committee

A resolution requesting the Metropolitan Development and Housing Agency to create a redevelopment plan for the Cowan Street area.

RESOLUTION NO. RS2012-160 (Tygard)
Referred to Public Safety Committee

A resolution expressing support for state legislation that would expand the prohibition on the manufacture, sale, delivery, and possession of synthetic drugs beyond those made with the specific ingredients listed in the current statutes.