Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, August 21, 2012
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

President Pro Tempore
Election of Council President Pro Tempore for a one-year term ending August 31, 2013.

Agricultural Extension Board
Reappointment of Mr. Thurman Rivers for a term expiring August 1, 2015.

Arts Commission
Appointment of Dr. Ruth Ross Edmonds for a term expiring January 1, 2015.
Dr. Edmonds will fill the unexpired term of Ms. Kim Fowler.

Community Corrections Advisory Board
Reappointment of Ms. Martesha Johnson for a term expiring July 30, 2013.

Gas/Mechanical Examiners Appeals Board
Reappointment of Mr. Cal Nielson for a term expiring August 21, 2016.

Historic Zoning Commission
Appointment of Mr. Samuel Champion for a term expiring June 1, 2017.

Human Relations Commission
Appointment of Ms. Sharon Kay for a term expiring April 18, 2013.
Ms. Kay will fill the unexpired term of Mr. Hal Cato.

Property Standards & Appeals Board
Reappointment of Mr. Bobby Boner for a term expiring August 6, 2016.
Reappointment of Mr. Carroll Richardson for a term expiring August 6, 2016.
Reappointment of Mr. Mark K. Sanders for a term expiring August 21, 2016.

Vegetation Control Board
Appointment of Ms. Jane K. Barber for a term expiring March 1, 2016.

Work Release Commission
Appointment of Mr. Jose R. Hernandez for a term expiring January 1, 2016.

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2012-377 (Garrett)
Referred to Charter Revision Commission
and Charter Revision Committee

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

RESOLUTION NO. RS2012-378 (Evans, Weiner)
Referred to Charter Revision Commission
and Charter Revision Committee

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

RESOLUTION NO. RS2012-379 (McGuire)
Referred to Budget & Finance Committee

A resolution approving an application for an innOVATION Grant from Ovation/Americans for the Arts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Arts Commission, to expand artist engagement in the Artober Nashville Challenge.

RESOLUTION NO. RS2012-380 (McGuire)
Referred to Budget & Finance
and Education Committees

A resolution approving an application for the Learning is for Everyone (L.I.F.E.) Grant from The Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Community Education Commission.

RESOLUTION NO. RS2012-381 (McGuire)
Referred to Budget & Finance
and Education Committees

A resolution approving an application for the AmeriCorps Vista Volunteer Grant from the Tennessee Literacy Coalition to The Metropolitan Government of Nashville and Davidson County, acting by and through the Community Education Commission.

RESOLUTION NO. RS2012-382 (McGuire)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting the Edward Byrne Memorial Justice Assistance Grant (JAG) from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for equipment and supplies for direct support for basic police, in-service, or specialized training.

RESOLUTION NO. RS2012-383 (McGuire)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an interlocal agreement between the Emergency Communications District for Nashville and Davidson County and The Metropolitan Government of Nashville and Davidson County for provision of services and reimbursement of costs pertaining to 911 services.

RESOLUTION NO. RS2012-384 (McGuire)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a Staffing for Adequate Fire and Emergency Response (SAFER) Grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2012-385 (McGuire)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving Amendment Two to a grant/cooperative agreement between the U.S. Department of Homeland Security and The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, to support port-wide risk management for the Port of Nashville.

RESOLUTION NO. RS2012-386 (Langster, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting the Healthy Start Initiative – Eliminating Racial/Ethnic Disparities 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 provide a variety of services for pregnant and parenting women.

RESOLUTION NO. RS2012-387 (Langster, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to 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, for family planning services.

RESOLUTION NO. RS2012-388 (McGuire)
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 to participate in on-the-job training to service 85 new employees (eligible dislocated workers) at Amazon in Lebanon and Murfreesboro (LW09F121JCRSP12).

RESOLUTION NO. RS2012-389 (McGuire)
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 and to offer training to those facing serious barriers to productive employment (LW09P121ADULT13).

RESOLUTION NO. RS2012-390 (McGuire)
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 (LW09P121DSLWK13).

RESOLUTION NO. RS2012-391 (Steine)
Referred to Rules Committee

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

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2012-237 (Barry, McGuire)

An ordinance amending Title 3 of the Metropolitan Code relative to employee and retiree benefits, pensions and medical benefits.

BILL NO. BL2012-238 (McGuire, Bedne)
Approved by Planning Commission

An ordinance authorizing the Director of Public Property to accept and record easements in favor of the Metropolitan Government of Nashville and Davidson County on certain parcels of property for use in the Harpeth River and Mill Creek Greenway systems (Proposal No. 2012M-026ES-001).

BILL NO. BL2012-239 (McGuire, Hunt)
Approved by Planning Commission

An ordinance approving the acquisition of property located at 1220 Berwick Trail for the Neely’s Bend Pump Station Upgrade Project (11-SC-112) (Proposal No. 2012M-015PR-001).

BILL NO. BL2012-240 (Todd, McGuire)
Approved by Planning Commission

An ordinance authorizing the acquisition of property in fee simple by negotiation, condemnation, or acceptance for the purpose of acquiring land to add to the Julia Green Elementary property for Metropolitan Nashville Public Schools (2012M-020PR-002).

- BILLS ON SECOND READING -

BILL NO. BL2012-206 (Hunt)
Referred to Codes
and Public Safety Committees

An ordinance amending Section 10.64.015 of the Metropolitan Code pertaining to fire flow requirements for single-family homes constructed on larger lots in the General Services District.

BILL NO. BL2012-209 (Tenpenny)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing MuniNet Fiber Agency to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2012M-011EN-001).

BILL NO. BL2012-213 (Garrett)
Referred to Rules Committee

An ordinance amending Chapter 2.64 of the Metropolitan Code to require members of boards and commissions to provide an email address and telephone number for posting on the nashville.gov website.

BILL NO. BL2012-214 (Tygard)
Referred to Budget & Finance Committee

An ordinance amending Chapter 5.04 of the Metropolitan Code to limit the Metropolitan Government’s contribution to the Partnership 2020 program.

BILL NO. BL2012-215 (Stites)
Referred to Budget & Finance Committee

An ordinance amending Chapter 5.04 of the Metropolitan Code to prohibit the use of Metropolitan Government funds to purchase, construct, or erect building or ground signs that identify the name of an elected or appointed official.

BILL NO. BL2012-216 (Barry, McGuire)
Referred to Budget & Finance Committee

An ordinance amending Title 5, Chapter 2 of the Metropolitan Code relative to property tax billing and payment procedures.

BILL NO. BL2012-217 (Baker, Holleman & others)
Referred to Public Safety
and Rules Committees

An ordinance naming the West Police Precinct in honor of Chief Joe Casey.

BILL NO. BL2012-218 (McGuire, Hunt)
Referred to Budget & Finance
and Public Works Committees

An ordinance amending Section 15.44.050 of the Metropolitan Code of Laws by adding a subsection authorizing the temporary reduction of sewer charges for customers who install green roofs on buildings within the combined sewer area.

BILL NO. BL2012-219 (Pridemore, McGuire, Hunt)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the acquisition of property located at 914 Berwick Trail for the Berwick Trail Pump Station Upgrade Project (11-SC-107) (Proposal No. 2012M-011PR-001).

BILL NO. BL2012-220 (Hunt, McGuire)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the acquisition of property located at 3268 Brick Church Pike for the Brick Church Pike Equalization Facility Project (11-SC-110) (Proposal No. 2012M-013PR-001).

BILL NO. BL2012-221 (Pridemore, McGuire, Hunt)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of property rights for the Vandiver Pump Station Upgrade Project (No.11-SC-109) (Proposal No. 2012M-014PR-001).

BILL NO. BL2012-222 (A. Davis, Hunt)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the acquisition of property located at 0 Brush Hill Road for the Loves Branch Pump Station Upgrade Project (11-SC-108) (Proposal No. 2012M-016PR-001).

BILL NO. BL2012-223 (Bedne, Jernigan, McGuire)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance authorizing the acquisition and/or exchange of property for the purpose of acquiring land for recreational use by the Metropolitan Government as part of the Mill Creek Greenway (Proposal No. 2012M-021PR-001).

BILL NO. BL2012-224 (Bennett, Hunt, McGuire)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the acquisition of easements for the Dickerson Pike Stormwater Improvement Project (11-SWC-0280) located east of Dickerson Pike along Ben Allen Road, Broadmoor Drive and Hillside Road (Proposal No. 2012M-012ES-001).

BILL NO. BL2012-225 (Claiborne, Hunt)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition and acceptance of easements on properties located at 0, 414, 422, and 607 Munn Road for the Munn Road Bridge Replacement Project (No.12-WC-0034)(Proposal No. 2012M-013ES-001).

BILL NO. BL2012-226 (Stites, Hunt, McGuire)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance acquiring permanent and temporary easements for the Saturn Drive Stormwater Improvement Project (11-SWC-0283) on properties located along Murfreesboro Pike and Saturn Drive (Proposal No. 2012M-014ES-001).

BILL NO. BL2012-227 (Glover, Hunt, McGuire)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government to acquire permanent and temporary easements for the Jackson’s View Stormwater Improvement Project (11-SWC-0313) on fifteen properties located along Andrew Jackson Way, Bret Ridge Drive, Carriage Way Court, Jacksons Hill Road, Jacksons Valley Road and Jacksons View Road (Proposal No. 2012M-015ES-001).

BILL NO. BL2012-235 (Allen)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: H.G. Hill Realty Company

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. 802 and Alley No. 815 right-of-way and easements (Proposal No. 2012M-006AB-001).

BILL NO. BL2012-236 (Stites)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Metro Airport Authority

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Reedwood Drive right-of-way and easement. (Proposal No. 2012M-008AB-001).

- BILLS ON THIRD READING -

BILL NO. BL2012-190 (Hunt)
Planning Commission – Approved with conditions (6-0-2) disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
49-200.01, 140, 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 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) and within the Floodplain Overlay District, to permit a single-family residence/Bed & Breakfast Inn and to amend the definition of a ‘seasonal performance entertainment venue’, all of which is described herein (Proposal No. 2009SP-022-005).

BILL NO. BL2012-191 (Jernigan)
Planning Commission - Approved with conditions (6-0-1) disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
44-41, 42 Rayon City Investors
Requested by: Hawkins Development Co.

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 915 and 921 Robinson Road, at the northeast corner of Robinson Road and Industrial Drive (27.81 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2012SP-016-001).

BILL NO. BL2012-192 (Weiner)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
142 Part of Parcel45 Nobel Properties 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 changing from R15 to RM20 zoning for a portion of property located at 7301 Highway 70 South, approximately 1,280 feet west of Hicks Road (1.93 acres), all of which is described herein (Proposal No. 2012Z-012PR-001).

BILL NO. BL2012-196 (A. Davis)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
51-12-129 St Joseph Catholic Church
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 cancelling a portion of the Chippington II Planned Unit Development Overlay District on property located at 1306 Coreland Drive, approximately 725 feet east of Gallatin Pike, zoned RM40 (1.52 acres), all of which is described herein (Proposal No. 118-76P-001).

BILL NO. BL2012-197 (Banks)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
160-286; 160-15-0-F-1-6, 9 OHB Development Group, 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 changing from MUN to OL zoning for properties located at 673 Old Hickory Boulevard and at Old Hickory Boulevard (unnumbered), approximately 425 feet east of Cloverland Drive (1.24 acres), all of which is described herein (Proposal No. 2012Z-014PR-001).

BILL NO. BL2012-198 (Banks)
Planning Commission – Approved with conditions (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
160-286; 160-15-0-F-1-6, 9 OHB Development Group, Inc.
Requested by: Delta 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 a portion of the Presidents Reserve at Brentwood Commercial Planned Unit Development Overlay District for property located at 673 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 425 feet east of Cloverland Drive, zoned MUN and proposed for OL, (1.24 acres), to permit an 11,080 square foot medical office, general office, and outpatient clinic building where a 12,960 square foot office building was previously approved, all of which is described herein (Proposal No. 2004P-021-001).

BILL NO. BL2012-199 (Mitchell)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
169-58 W.E. Stephens, Jr. Trustee of Stephens Christian Trust
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 cancelling the Westwood Trace Residential Planned Unit Development Overlay District located at 8423 Highway 100 approved previously for 37 single-family lots, at the southeast corner of Highway 100 and Natchez Trace Parkway, zoned RS30 and CL and proposed for SP (19.2 acres), all of which is described herein (Proposal No. 96P-016-001).

BILL NO. BL2012-200 (Mitchell)
Planning Commission – Approved with conditions (9-0) disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
169-58, 60 W.E. Stephens, Jr. Trustee of Stephens Christian Trust
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 changing from AR2a, RS40, RS30 and CL to SP zoning (portion within PUD Overlay and proposed for cancellation) for properties located at 8423 Highway 100 and 5948 Pasquo Road, at the southeast corner of Highway 100 and Natchez Trace Parkway (35.31 acres), to permit residential and various non-residential uses, all of which is described herein (Proposal No. 2012SP-013-001).

BILL NO. BL2012-201 (Mitchell)
Planning Commission – Approved with conditions (7-0-1) disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
169-67 W.E. Stephens, Jr.
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 changing from RS40 to SP zoning for property located at Highway 100 (unnumbered), at the southeast corner of Highway 100 and Pasquo Road (17.39 acres), to permit nursing home, assisted-living and residential uses, all of which is described herein (Proposal No. 2012SP-012-001).

BILL NO. BL2012-202 (Tenpenny)
Planning Commission – Approved with conditions (6-0-2) disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
118-15-9 Tennessee Development Company
Requested by: Hawkins Development Co.

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 IWD to SP zoning for property located at 114 Powell Place, at the northwest corner of Powell Avenue and Armory Drive (13.92 acres) and partially within the Floodplain Overlay District, to permit retail, commercial and light industrial uses, all of which is described herein (Proposal No. 2012SP-019-001).

BILL NO. BL2012-204 (Claiborne, Tygard)
Planning Commission – Approved with amendments (6-2)
Referred to Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Tasting Room” as an accessory use in the IWD, IR and IG zoning districts (Proposal No. 2012Z-013TX-001).

BILL NO. BL2012-207 (Gilmore, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning easements previously retained within the former rights-of-way of Alley numbers 104, 106 and 113 on property located at 719 Church Street (Proposal No. 2011M-005ES-002).

BILL NO. BL2012-208 (Todd, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning eight drainage easements on properties located at 609, 625, 628, 632, 636, 641, 648 and 649 Belle Park Circle (Proposal No. 2012M-011ES-001).

BILL NO. BL2012-210 (McGuire, Duvall, Hunt)
Approved by Planning Commission
Budget & Finance
and Planning & Zoning Committees

An ordinance approving a ground lease between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee for construction of a Tennessee Highway Patrol Communications Tower in Cane Ridge (Proposal No. 2012M-019PR-001).

BILL NO. BL2012-211 (Steine)
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 April 17, 2012.

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2012-392 (Langster)
Referred to Rules Committee

A resolution recognizing September as National Infant Mortality Awareness Month and declaring September 21, 2012 as Safe Sleep Awareness Day in Davidson County.