Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, October 2, 2012
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Gas/Mechanical Examiners Appeals Board
Appointment of Mr. Eloy Saban for a term expiring August 21, 2016.

Wastewater Hearing Authority
Reappointment of Mr. John Barnes for a term expiring October 1, 2014.
Reappointment of Ms. Ruthie Brown Cherry for a term expiring October 1, 2014.
Reappointment of Ms. Terry Kevlin for a term expiring October 1, 2014.
Reappointment of Dr. Edward Thackson for a term expiring October 1, 2014.
Reappointment of Dr. Robert Wingfield, Jr. for a term expiring October 1, 2014.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2012-244 (Pridemore)
Planning Commission – Approved (6-0-2) with conditions disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
43-09-83 Bobby T. Wilson
Requested by: Kline Swinney 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 property located at 604 Gallatin Pike, at the corner of Gallatin Pike and Cumberland Avenue (0.5 acres), to permit automobile sales (used) and all uses permitted by the CS zoning district, all of which is described herein (Proposal No. 2012SP-020-001).

BILL NO. BL2012-245 (Duvall)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
164-044 George Ellis Thomas

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 Hamilton Hills Urban Design Overlay District, enacted via BL2005-825, located at 3300 Murfreesboro Pike, approximately 3,250 feet south of Hamilton Church Road, zoned RM9 and RM20 and proposed for CS (29.9 acres), all of which is described herein (Proposal No. 2005UD-008-001).

BILL NO. BL2012-246 (Duvall)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
164-044 George Ellis Thomas

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 and RM20 to CS zoning for property located at 3300 Murfreesboro Pike, approximately 3,250 feet south of Hamilton Church Road (29.9 acres), and located within the Hamilton Hills Urban Design Overlay District, all of which is described herein (Proposal No. 2012Z-017PR-001).

BILL NO. BL2012-247 (McGuire)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
131-6-A-1 EP Real Estate Fund, LP
Requested by: Barge Cauthen & 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 a portion of the Burton Hills Commercial Planned Unit Development Overlay District located at 1 Burton Hills Boulevard, at the southeast corner of Hillsboro Pike and Burton Hills Boulevard (9.17 AC) zoned R15 and proposed for SP, to permit a seven-story, 110,000 square foot office building replacing a four-story, 54,000 square foot office building and to increase the total floor area for office uses in the overlay from 550,000 square feet to 660,000 square feet, all of which is described herein (Proposal No. 18-84P-001).

BILL NO. BL2012-248 (McGuire)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
131-6-A-1 EP Real Estate Fund, LP
Requested by: Barge Cauthen & 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 R15 to SP zoning for property located at 1 Burton Hills Boulevard, at the southeast corner of Hillsboro Pike and Burton Hills Boulevard (9.17 acres) and within a PUD Overlay, to permit office uses, all of which is described herein (Proposal No. 2012SP-023-001).

BILL NO. BL2012-249 (A. Davis, Westerholm)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Nano Brewery” as use permitted with conditions (PC) in the MUL, MUL-A, MUG, MUG-A, MUI, MUI-A, CL and CS zoning districts (Proposal No. 2012Z-019TX-001).

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2012-429 (Matthews)
Referred to Budget & Finance Committee

A resolution approving the issuance of its notes by the Sports Authority of the Metropolitan Government of Nashville and Davidson county, approving the request for aid and assistance for the Sports Authority of the Metropolitan Government of Nashville and Davidson county, authorizing the Metropolitan Government’s execution and delivery of a loan agreement relating thereto; and authorizing the Metropolitan Government's execution and delivery of a subordination agreement.

RESOLUTION NO. RS2012-430 (A. Davis)
Referred to Rules Committee

A resolution confirming the appointment of Francis Guess to the board of directors of The Convention Center Authority of the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2012-431 (A. Davis)
Referred to Rules Committee

A resolution confirming the appointment of William Simons to the board of directors of The Convention Center Authority of the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2012-432 (A. Davis)
Referred to Rules Committee

A resolution confirming the appointment of Mona Warren to the board of directors of The Convention Center Authority of the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2012-433 (A. Davis)
Referred to Rules Committee

A resolution confirming the reappointments of Leo Waters, Vonda McDaniel and William McDonald to the board of directors of The Convention Center Authority of the Metropolitan Government of Nashville and Davidson County, effective October 18, 2011.

RESOLUTION NO. RS2012-434 (Moore, Matthews)
Referred to Budget & Finance Committee

A resolution approving an application for a Cities of Service Impact Volunteering Grant from the Bloomberg Philanthropies to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Mayor’s Office, to fund specific city initiatives to the leadership cities in the Cities of Service coalition.

RESOLUTION NO. RS2012-435 (Bennett, Matthews)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County for the provision of interpreter services for defendants with limited English proficiency who have been found to be indigent.

RESOLUTION NO. RS2012-436 (Matthews)
Referred to Budget & Finance
and Education Committees

A resolution approving an application for a Mother Nurture Perinatal Classes Grant from the March of Dimes to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Community Education Commission, to offer two classes on perinatal care during each of its three semesters.

RESOLUTION NO. RS2012-437 (Matthews)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, to reduce litter along county, state, and interstate highways within Davidson County.

RESOLUTION NO. RS2012-438 (Moore, Matthews)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution approving an application for a Partnership Project Funding Grant from the Tennessee Civil War National Heritage Area to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to complete an historic structures report for Fort Negley.

RESOLUTION NO. RS2012-439 (Matthews, Claiborne)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution approving an application for a Design Review Process Revision and Upgrade Grant from the Tennessee Historical Commission to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to revise and improve the local design review process from beginning to end.

RESOLUTION NO. RS2012-440 (Matthews, Claiborne)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution approving an application for a Tennessee Civil War National Heritage Area Partnership Funding Grant from the Tennessee Civil War National Heritage Area to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, for the design and printing of a civil war heritage tourism brochure titled Tennessee Civil War Crossroads: Nashville’s Civil War Stories.

RESOLUTION NO. RS2012-441 (Gilmore, Westerholm)
Referred to Budget & Finance
and Public Works Committees

A resolution approving Amendment Number 1 to a grant agreement between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County for funding for improvements on Shelby Avenue Continuation / Gateway Boulevard / Korean Veterans Boulevard from 4th to 8th Avenues South, Pin Number 113441.00, which extends the completion date referenced in that agreement from October 1, 2012 to October 1, 2017.

RESOLUTION NO. RS2012-442 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Latonya Davidson against the Metropolitan Government of Nashville and Davidson County in the amount of $15,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2012-443 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Sonja West against the Metropolitan Government of Nashville and Davidson County in the amount of $22,500.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2012-444 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Wolf Tree, Inc. against the Metropolitan Government of Nashville and Davidson County in the amount of $83,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2012-445 (Langster)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing HCA Health Services of TN to construct, install, and maintain an aerial encroachment at 330 - 23rd Avenue North, 345 - 23rd Avenue North, and 326 - 21st Avenue North (Proposal No. 2012M-017EN-001).

RESOLUTION NO. RS2012-446 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Rodizio Grill Nashville Order and Progress, LLC to construct, install, and maintain an aerial encroachment at 166 - 2nd Avenue North for Rodizio Grill (Proposal No. 2012M-018EN-001).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2012-265 (Tygard)

An ordinance naming the bridge on Georgia Avenue over Richland Creek in honor and memory of Audrey Baker.

BILL NO. BL2012-266 (Claiborne, Todd)

An ordinance amending Section 3.24.010 of the Metropolitan Code pertaining to health insurance benefits for Members of Council after they leave office.

BILL NO. BL2012-267 (Gilmore, Westerholm, Moore)
Approved by Planning Commission

An ordinance authorizing Nashville Downtown Partnership to install, construct and maintain underground and structural encroachments at various locations for bike kiosks (Proposal No. 2012M-019EN-001).

BILL NO. BL2012-268 (Potts, Matthews, Baker)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to acquire all or a portion of property located at 6950 Charlotte Pike for the Davidson Branch Equalization Facility Project (11-SC-111)(Proposal No. 2012M-012PR-001).

BILL NO. BL2012-269 (Potts, Matthews)
Approved by Planning Commission

An ordinance authorizing the fee simple acquisition of a portion of property located at 826 Cammack Court for the Reservoir and Detention Basin Project No. 10-WG-069, approximately 875 feet east of Rodney Drive (Proposal No. 2012M-022PR-001).

BILL NO. BL2012-270 (Potts, Matthews)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to accept an easement and eight hundred sixty-eight feet (868’) of an eight inch (8”) water main, two (2) fire hydrants and to also accept one thousand two hundred eighty four feet (1,284’) of an eight inch (8”) sewer main on property located at Duncanwood Drive (unnumbered) (Project No. 11-WL-0090 & 11-SL-0098) (Proposal No. 2012M-021ES-001 and 2012M-021ES-002).

BILL NO. BL2012-271 (Potts, Matthews)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to abandon approximately five hundred and seventy (570) feet of existing ten (10) and twelve (12) inch sewer lines and easements on property located at 1515 Demonbreun Street (Proposal No. 2012M-030ES-001).

BILL NO. BL2012-272 (Tenpenny)
Approved by Planning Commission

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 a portion of Powell Avenue to “Old Powell Avenue” (Proposal No. 2012M-006SR-001).

BILL NO. BL2012-273 (Gilmore)
Map & Parcel No./Owner/Requested by:
93-13-297 New Hope Missionary Baptist Church

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 RM20 to ON zoning for property located at 1208 Hawkins Street, approximately 210 feet west of 12th Avenue South (0.25 acres), all of which is described herein (Proposal No. 2012Z-019PR-001).

BILL NO. BL2012-274 (Evans)
Map & Parcel No./Owner:
116-13- 116-121, 124-129, 133; 116-13-0-E- 001-002, 900; 116-14- 061; 130-01- 056-062, 064-079;
130-01-0-B-102; 130-01-0-E-001-002, 900; 130-02- 001-010, 012-019, 021-030 Various Property Owners
Requested by: Councilmember Evans

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 RS10 zoning for various properties located along Lafayette Court, Lasalle Court and Lincoln Court, south of Leake Avenue (14.51 acres), all of which is described herein (Proposal No. 2012Z-024PR-001).

BILL NO. BL2012-275 (Gilmore)
Map & Parcel No./Owner:
92-8-18 J. D. Eatherly
Requested by: Metropolitan Planning Dept.

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 MUG to SP zoning for property located at the northeast corner of 16th Avenue North and Clinton Street (2.2 acres), to permit building contractor supply, light manufacturing, warehousing and storage, artisan distillery, micro-brewery uses and all uses permitted by the MUG-A district, all of which is described herein (Proposal No. 2012SP-024-001).

BILL NO. BL2012-276 (Langster)
Map & Parcel No./Owner:
81-4-126-132, 144, 145, 261-262 Ironwood Partners, LTD & S.A. North Ltd.
Requested by: TPC Management, 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 Metro Center Auto Facility Specific Plan District for properties located at 1919, 1920, 1921, 1922, 1925 and 1927 5th Avenue North, 1918, 1920, 1922 and 1924 6th Avenue North, 410 Clay Street, and 501 Dominican Drive, at the southeast corner of Dominican Drive and Rosa L. Parks Boulevard (7.58 acres), to allow for CS signage standards for all signage within the Specific Plan District, all of which is described herein (Proposal No. 2006SP-108-002).

BILL NO. BL2012-277 (Jernigan)
Map & Parcel No./Owner:
53-7-11.01 David Holmes
Requested by: Teasley’s Convention Florist

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 SP zoning for property located at 1813 Golf Club Road, at the northeast corner of Golf Club Road and Old Hickory Boulevard (0.64 acres), to permit a building contractor supply use (greenhouses) and an office use, all of which is described herein (Proposal No. 2012SP-026-001).

BILL NO. BL2012-278 (Blalock)
Map & Parcel No./Owner:
161-8 Part of Parcel 9 JMM, LLC
Requested by: Dean 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 changing from R6 to CL zoning for a portion of property located at 412 Brewer Drive, approximately 225 feet west of Nolensville Pike (1.1 acres), all of which is described herein (Proposal No. 2012Z-023PR-001).

BILL NO. BL2012-279 (Moore)
Planning Commission – Approved (8-0)
Map & Parcel No./Owner/Requested by:
105-4-9 Lafayette Market, 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 SP to RM20-A zoning for property located at 24 Lincoln Street, at the northwest corner of Lincoln Street and Perkins Street (0.26 acres), all of which is described herein (Proposal No. 2012Z-018PR-001).

BILL NO. BL2012-280 (Gilmore, Claiborne)

An ordinance amending Section 17.40.400 of the Metropolitan Code of Laws, pertaining to the membership of the Historic Zoning Commission of the Metropolitan Government of Nashville and Davidson County herein (Proposal No. 2012Z-021TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2012-250 (Garrett, Bennett & others)
(As Amended)
Approved by to Budget & Finance
and Public Safety Committees

An ordinance amending Chapter 2.44 of the Metropolitan Code pertaining to former police department canines and horses.

BILL NO. BL2012-253 (Blalock)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: St. Mina Coptic Church, Inc.

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 Cherrywood Drive right-of-way (Proposal No. 2012M-010AB-001).

BILL NO. BL2012-254 (Bennett)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Barge, Waggoner, Sumner & Cannon

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 Saunders Court right-of-way (Proposal No. 2012M-009AB-001).

BILL NO. BL2012-255 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Barge, Waggoner, Sumner & Cannon

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 Franklin Street right-of-way (Proposal No. 2012M-011AB-001).

BILL NO. BL2012-256 (Bedne, Gilmore, Matthews)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance authorizing the acquisition of property by exchange for the purpose of acquiring land for recreational use by the Metropolitan Government (Proposal No. 2012M-028PR-001).

BILL NO. BL2012-257 (Matthews, Jernigan)
Referred to Budget & Finance
and Public Works Committees

An ordinance amending Section 15.64.170 of the Metropolitan Code of Laws with respect to the modification of existing commercial or industrial facilities within the floodway of the Cumberland River.

BILL NO. BL2012-258 (Gilmore, Potts)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance approving the abandonment of approximately two hundred sixty-five feet (265’) of existing ten inch (10”) sewer and one hundred thirty-five feet (135’) of existing twelve inch (12”) sewer, and the acquisition of easement for approximately three hundred seven feet (307’) of a new twelve (12”) sewer on property located at 615 Nestor Street (Project No. 10-SG-0088) (Proposal No. 2012M-018ES-001).

BILL NO. BL2012-259 (Jernigan, Potts)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government of Nashville and Davidson County to abandon a Metropolitan Government Water Pumping Station located at 801 Stoner Mill Lane and the associated easement (Proposal No. 2012M-024ES-001).

BILL NO. BL2012-260 (Jernigan, Matthews, Potts)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of easements for the Hidden Hills Reservoir Abandonment Project (10-WG-0031) on properties located at 3009 Darrington Way and Chandler Road (unnumbered) (Proposal No. 2012M-019ES-001).

BILL NO. BL2012-261 (Evans, Weiner, Gilmore)
Referred to Rules Committee

An ordinance to delete and/or amend various sections in Titles 1, 2, 3, 6, 10, 11, 12, 13, and 16 of the Metropolitan Code in order to remove and modify certain outdated Code provisions that are no longer enforced or otherwise no longer appropriate.

BILL NO. BL2012-262 (Matthews)
Referred to Public Works
and Planning & Zoning Committees

An ordinance amending Chapter 13.08 of the Metropolitan Code pertaining to honorary street signs.

- BILLS ON THIRD READING -

BILL NO. BL2012-213 (Garrett)
(As Amended)
Approved by 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. BL2012-237 (Barry, McGuire, Matthews)
(As Amended)
Approved by Budget & Finance
and Personnel Committees

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

BILL NO. BL2012-242 (Langster, Matthews, Potts)
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 the Public Works Department, Project Number 2011-R-2, Jefferson Street Intersection Improvements for Jefferson Street at 28th Avenue/Ed Temple Boulevard and Jefferson Street at 21st Avenue North (Proposal No. 2012M-025PR-001).

BILL NO. BL2012-243 (Matthews, Potts)
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 the Public Works Department Project Number 2012-R-2, White Bridge Pike Sidewalk-Bikeway Improvement (Proposal No. 2012M-026PR-001).

BILL NO. BL2012-251 (Dowell, Matthews)
Approved by Planning Commission
Budget & Finance, Education
and Planning & Zoning Committees

An ordinance approving a facilities use agreement between the Metropolitan Nashville Public Schools and Nashville State Community College (Proposal No. 2012M-029PR-001).

BILL NO. BL2012-252 (Gilmore, Matthews)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government to abandon two hundred fifteen feet (215’) of a sanitary sewer main and easements and to accept five hundred ninety feet (590’) of relocated eight inch (8”) PVC sanitary sewer on properties located at 1600 Rosa L. Parks Boulevard and Rosa L. Parks Boulevard (unnumbered) (Project No. 12-SL-0043) (Proposal No. 2012M-023ES-001).