Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, April 3, 2012
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Beer Permit Board
Appointment of Mr. Brock Parks for a term expiring October 31, 2015.
Mr. Parks will fill the unexpired term of Mr. Brad Northcut.

CATV Special Committee
Reappointment of Ms. Kristal Hall Boone for a term expiring March 1, 2015.
Reappointment of Mr. Jad Duncan for a term expiring March 1, 2015.
Reappointment of Mr. Richard McKinney for a term expiring March 1, 2015.
Reappointment of Ms. Jackie Shrago for a term expiring March 1, 2015.
Reappointment of Mr. Robert Tuke for a term expiring March 1, 2015.

Board of Equalization
Reappointment of Ms. Jean Harrison for a term expiring April 1, 2014.
Reappointment of Mr. Marshall Karr for a term expiring April 1, 2014.
Reappointment of Mr. Melvin Lowe for a term expiring April 1, 2014.
Reappointment of Mr. Trasbin Stoner II for a term expiring April 1, 2014.

Fire and Building Code Appeals Board
Appointment of Mr. Rodney Wilson for a term expiring March 1, 2016.

Vegetation Control Board
Reappointment of Mr. Dwight Beard for a term expiring March 1, 2016.
Reappointment of Mr. Roy Black for a term expiring March 1, 2016.

- PUBLIC HEARING -

RESOLUTION NO. RS2012-202 (Dowell)
Referred to Public Safety Committee

A resolution exempting Southern Belles located at 5385 Mt. View Road from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

- CONSENT AGENDA RESOLUTIONS –

- RESOLUTIONS -

RESOLUTION NO. RS2012-203 (McGuire)
Referred to Budget & Finance, Codes, Rules
Convention & Tourism, Health, Hospitals & Social Services
Parks, Personnel-Public Information, Public Safety, Public Works
and Planning & Zoning Committees

A resolution appropriating the amount of $13,477,800.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2012-204 (Claiborne, McGuire)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution approving amendment one to a grant agreement from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to perform Section 106 environmental review necessary for development proposals using federal funds to determine potential adverse effects to historic properties.

RESOLUTION NO. RS2012-205 (Langster, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a 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, for the Healthy Start Initiative - Eliminating Racial/Ethnic Disparities to provide a variety of services for pregnant and parenting women.

RESOLUTION NO. RS2012-206 (Claiborne, Pridemore & others)
Referred to Budget & Finance
and Public Works Committee

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County and authorizing the acquisition and removal of 25 houses located in various floodway and floodplain areas in Davidson County.

RESOLUTION NO. RS2012-207 (Hunt)
Referred to Public Works Committee

A resolution classifying public roads in Davidson County, Tennessee.

RESOLUTION NO. RS2012-208 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Sandwich Stackers, LLC, to install, construct and maintain an aerial encroachment at 216 4th Avenue North for Which Wich (Proposal No. 2012M-004EN-001).

RESOLUTION NO. RS2012-209 (Johnson)
Referred to Rules Committee

A resolution approving the election of certain Notaries Public for Davidson County.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2012-126 (Tenpenny, Pardue)

An ordinance adopting a Vehicle Impoundment Policy for the Metropolitan Government.

BILL NO. BL2012-127 (Hunt)

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to creation, organization, and voting regulations of The Metropolitan Stormwater Management Committee.

BILL NO. BL2012-128 (Harrison, Pridemore & others)

An ordinance naming the Metropolitan Police Gun Range in honor of Major Tom Dozier.

BILL NO. BL2012-129 (McGuire)

An ordinance approving the attached License Agreement between The Metropolitan Government of Nashville and Davidson County and Electric Transportation Engineering Corporation d/b/a Ecotality North America, as modified by the likewise attached Addendum and Amendments thereto, and authorizing the execution of all (Proposal No. 2012M-007PR-001).

BILL NO. BL2012-130 (Steine)

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 January 17, 2012.

BILL NO. BL2012-131 (Matthews, Hunt)
Approved by Planning Commission

An ordinance authorizing the Director of Public Property to accept and record an easement for a school bus ramp/turnaround off Riley Adcock Road (Proposal No. 2012M-006ES-001).

BILL NO. BL2012-132 (Hunt, Baker)
Approved by Planning Commission

An ordinance to abandon all easement rights that were retained by Council Ordinance BL81-519 within the former right-of-way of Alley No. 1218 on property located at 4502 Indiana Avenue (Proposal No. 2012M-005ES-001).

BILL NO. BL2012-133 (Langster, McGuire)

An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County, acting by and through Metropolitan Social Services (MSS), and The Key Alliance (TKA) for the provision of financial, in-kind, and volunteer support for the Metropolitan Homelessness Commission (MHC).

BILL NO. BL2012-134 (Allen)
Map & Parcel No./Owner:
105-13; 105-13-J; 117-3; 117-4; 117-8-L Various Owners
Requested by: Councilmember Allen

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 the Belmont-Hillsboro Neighborhood Conservation Overlay District to properties and right-of-way located along Cedar Lane, Gale Lane and Linden Avenue (33.95 acres), zoned R8, RM20 and CS and partially requested for RS7.5, all of which is described herein (Proposal No. 2012NHC-001-001).

BILL NO. BL2012-135 (Pardue)
Planning Commission - Approved with conditions (7-0) disapprove without
Map & Parcel No./Owner:
7-221; 7-14-B-12-17 Magnolia Station Homeowners Assoc.
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 cancelling a portion of the Magnolia Station Residential Planned Unit Development District Overlay on property located at Tinnin Road (unnumbered) and by amending a portion of the PUD located at 1900 Tinnin Road, approximately 750 feet north of Springfield Highway (6.26 acres), to remove 1.42 acres of open space from the PUD (parcel 221) and to delete six dwelling units and convert that portion of the PUD to open space, zoned RM4 and with a portion proposed for R40 zoning, all of which is described herein (Proposal No. 2002P-002-001).

BILL NO. BL2012-136 (Pardue)
Approved by Planning Commission (7-0)
Map & Parcel No./Owner:
7-221 Magnolia Station Homeowners Assoc.
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 the RM4 to R40 district for property located at Tinnin Road (unnumbered), approximately 750 feet north of Springfield Highway (1.42 acres), all of which is described herein (Proposal No. 2012Z-008PR-001).

BILL NO. BL2012-137 (Stanley)
Planning Commission - Approved with conditions (7-0) disapprove without
Map & Parcel No./Owner:
96-59, 60 Heritage 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 changing from an SP district to permit residential and warehouse uses to an SP district to permit retail uses for properties located at 541 and 551 Stewarts Ferry Pike, approximately 1,130 feet west of Lauer Drive (4.57 acres), and within the Floodplain Overlay District, all of which is described herein (Proposal No. 2012SP-007-001).

BILL NO. BL2012-138 (Allen)
Map & Parcel No./Owner:
117-3-36-39, 41, 42, 51-56, 144; 117-4-209-214, 219-222, 311-324 Various Owners
Requested by: Councilmember Allen

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 R8 and RM20 to RS7.5 district for various properties along Cedar Lane (17.36 acres) between I-440 and Hawthorne Place, all of which is described herein (Proposal No. 2012Z-009PR-001).

BILL NO. BL2012-139 (Bennett)
Planning Commission - Approved with conditions (7-0) disapprove without
Map & Parcel No./Owner:
51-11-72 Sabah Badel & Ibrahim Suleiman
Requested by: Anthony Cherry

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 district for property located at Gallatin Pike (unnumbered), approximately 1,590 feet north of Walton Lane (0.91 acres), to permit automobile sales (used), auto repair and all other uses permitted by the CS District, all of which is described herein (Proposal No. 2012SP-004-001).

BILL NO. BL2012-140 (Glover)
Approved by Planning Commission (9-0)
Map & Parcel No./Owner:
86-355 Davco-O.H. Blvd Properties
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 RM9 to MUL zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), all of which is described herein (Proposal No. 2012Z-011PR-001).

BILL NO. BL2012-141 (Gilmore)
Approved by Planning Commission (6-0)
Map & Parcel No./Owner:
81-8-496, 497 Ray C. Nathurst
Requested by: R.J. York Homes 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 RM20-A district for properties located at 1628 and 1630 6th Avenue North, at the southeast corner of 6th Avenue North and Garfield Street (0.27 acres), all of which is described herein (Proposal No. 2012Z-005PR-001).

BILL NO. BL2012-142 (Claiborne)

An ordinance to amend Sections 17.37 (Downtown Code) of the Metropolitan Zoning Code by revising the Signage Compliance deadline (Proposal No. 2011Z-002TX-002)

- BILLS ON SECOND READING -

BILL NO. BL2012-118 (Claiborne, McGuire, Tygard)
Referred to 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 a water and snow park to be located at the intersection of Briley Parkway and McGavock Pike.

BILL NO. BL2012-119 (Langster, Clairborne, Hunt)
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions for certain real property as shown in Exhibit I to Exhibit A hereto, located on Tax Map 92-14 and spanning portions of parcels 77, 78 and 86 thereof, adjacent to 28th Avenue North (Proposal No. 2012M-004PR-001).

BILL NO. BL2012-120 (Claiborne, Hunt)
Referred to Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions for certain real property as shown on Exhibit B to Exhibit 1 hereto, located within the right of way of Korean Veterans Boulevard adjacent to Tax Map 09307004800 and between the Cumberland River and the CSX spur track (Proposal No. 2012M-005PR-001).

BILL NO. BL2012-121 (Johnson)
Referred to Budget & Finance
Public Safety and Transportation Committees

An ordinance amending Chapter 6.74 of the Metropolitan Code to exclude passenger vehicles that solely provide transportation to and from a parking facility and the airport.

SUBSUTITE BILL NO. BL2012-122 (McGuire)
Referred to Budget & Finance
and Personnel-Public Information Committees

An ordinance amending Ordinance No. O95-1379, Second Substitute Ordinance BL2010-645 and Ordinance BL2011-865, and approving an additional extension of one year to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process.

BILL NO. BL2012-123 (Tenpenny, Pridemore & others)
Disapproved by Planning Commission
Approved by Traffic & Parking Commission (6-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Ralph James Corrin, III

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. 1863 (Proposal No. 2010M-012AB-001).

BILL NO. BL2012-124 (McGuire, Hunt)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the abandonment of four stormwater easements on properties located at 3711 and 3715 Crestview Drive and 1 University Park Drive (Proposal No. 2011M-021ES-001).

- 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. BL2012-92 (Dominy, Duvall & others)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapter 17.40 of the Metropolitan Code relative to the period of inactivity for nonconforming uses and for nonconforming structures damaged by a disaster, all of which is more particularly described herein (Proposal No. 2012Z-001TX-001).

BILL NO. BL2012-106 (Dominy, Duvall)
Planning Commission - Approved with conditions (8-1) disapprove without
Referred to Planning & Zoning Committee
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. BL2012-110 (Jernigan, Harmon)
Approved by Rules Committee

An ordinance amending Section 2.222.030 of the Metropolitan Code to permit the electronic filing of annual disclosure statements and benefits reporting statements.

BILL NO. BL2012-111 (Allen)
Approved by Public Works
and Traffic & Parking Committees

An ordinance amending Section 12.40.020 of the Metropolitan Code to enable the use of curb and street surface painting to designate areas where parking is prohibited or a parking time is imposed.

BILL NO. BL2012-112 (Hunt, McGuire)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of two easements on properties located at 7218 and 7220 Nolensville Road for a sewer project (Proposal No. 2012M-002ES-001).

BILL NO. BL2012-114 (Harrison)
Approved by Public Safety Committee

An ordinance amending Chapter 7.20 of the Metropolitan Code to allow beer distributors to have two places of business within the area of the Metropolitan Government under certain circumstances.

BILL NO. BL2012-115 (Allen, Langster & others)
(As Amended)
Approved by Health, Hospitals & Social Services Committee

An ordinance amending Chapter 10.18 of the Metropolitan Code to prohibit smoking on hospital grounds and within the public right-of-way in the vicinity of hospital entrances.

BILL NO. BL2012-116 (McGuire, Bedne & others)
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 HCA – Information Technology & Services, Inc.