Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, October 16, 2012
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Juvenile Court Judge
Election to fill vacancy. Nominees: Sheila D.J. Calloway; Sophia B. Crawford; Carlton M. Lewis.

Community Education Commission
Reappointment of Rev. Sonnye Dixon for a term expiring October 6, 2015.

Sexually Oriented Business Licensing Board
Reappointment of Mr. Johnny Crumby, Sr. for a term expiring October 7, 2016.
Appointment of Mr. Cullen Earnest for a term expiring October 7, 2016.

Transportation Licensing Commission
Reappointment of Ms. Rhonda Marko for a term expiring October 10, 2014.
Reappointment of Mr. Sam Patel for a term expiring October 10, 2014.
Reappointment of Mr. Tom Turner for a term expiring October 10, 2014.

- CONSENT AGENDA RESOLUTIONS –

- RESOLUTIONS -

RESOLUTION NO. RS2012-448 (Matthews, Bennett & others)
Referred to Federal Grants Review Committee

A resolution appropriating certain 2011-2012 and 2012-2013 Community Development Block Grant funds for neighborhood improvement projects.

RESOLUTION NO. RS2012-449 (Matthews)
Referred to Budget & Finance Committee

A resolution approving an application for the Mayors Challenge Grant from the Bloomberg Philanthropies to The Metropolitan Government of Nashville and Davidson County to sponsor workforce wellness initiatives to reduce health and injured on duty costs.

RESOLUTION NO. RS2012-450 (Matthews)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, for general non-project specific support to those well-established Tennessee arts organizations which represent the highest level of quality programming and administration.

RESOLUTION NO. RS2012-451 (Bennett, Matthews)
Referred to Budget & Finance Committee

A resolution approving Amendment Three to a grant from the Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services.

RESOLUTION NO. RS2012-452 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to participate as a member site in the Centers for Disease Control Tuberculosis Epidemiologic consortium studies.

RESOLUTION NO. RS2012-453 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Seven 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. RS2012-454 (Bennett, Matthews)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a memorandum of agreement between the Federal Emergency Management Agency’s Integrated Public Alert and Warning System Program Management Office and The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, to allow rapid national warnings of all types to be sent to the public.

RESOLUTION NO. RS2012-455 (Matthews, Gilmore)
Referred to Budget & Finance
and Parks & Library Committees

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide twelve big band dances in Centennial Park.

RESOLUTION NO. RS2012-456 (Gilmore, Matthews)
Referred to Budget & Finance
and Parks & Library Committees

A resolution approving an application for the Library Services and Technology Act (LSTA) Grant from the State of Tennessee, Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to pilot two programs for children and teens using ereaders and iPads to increase their love of reading.

RESOLUTION NO. RS2012-457 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing 4 Tees, LLC, dba Jimmy John’s Gourmet Sandwiches, to construct and install an aerial encroachment at 424 Church Street (Proposal No. 2012M-020EN-001).

RESOLUTION NO. RS2012-458 (A. Davis)
Referred to Rules Committee

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

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2012-281 (Bennett, Harrison, Matthews)

An ordinance amending Chapters 1.24, 2.100, 6.72, and 12.54 of the Metropolitan Code relating to the Transportation Licensing Commission, including a provision that the inspectors and Director of the Transportation Licensing Commission be employed by the Metropolitan Department of Public Works.

BILL NO. BL2012-282 (Barry, A. Davis)

An ordinance amending Chapter 4.20 of the Metropolitan Code pertaining to certified payroll record retention and inspection requirements, as well as the public accessibility to such records.

BILL NO. BL2012-283 (Claiborne)

An ordinance amending Title 6 of the Metropolitan Code pertaining to the permitting of commercial solicitors and the establishment of a no solicitation list.

BILL NO. BL2012-284 (Stanley)

An ordinance amending Chapter 12.13 of the Metropolitan Code pertaining to the use of speed cushions as part of the neighborhood traffic management program.

BILL NO. BL2012-285 (Matthews, Gilmore & others)
Approved by Planning Commission

An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation, in relation to construction and maintenance of a greenway trail (Proposal No. 2012M-024PR-001).

BILL NO. BL2012-286 (Matthews, Gilmore)

An ordinance approving a lease agreement by and between the United States of America, Department of the Army, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Parks and Recreation, for a parcel of property adjacent to the Cheatham Lock and Dam (Proposal No. 2012M-032PR-001).

BILL NO. BL2012-287 (Gilmore, Matthews, Weiner)
Approved by Planning Commission

An ordinance approving a lease agreement between the State of Tennessee and the Metropolitan Government of Nashville and Davidson County for the use and benefit of the Board of Parks and Recreation; and approving a sublease agreement between the Metropolitan Government of Nashville and Davidson county, by and through the Board of Parks and Recreation, and the Harpeth Youth Soccer Association (Proposal No. 2012M-018PR-001).

BILL NO. BL2012-288 (Matthews, Gilmore)
Approved by Planning Commission

An ordinance authorizing the construction and maintenance of wetland restoration projects in Bells Bend Park and authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions related to the wetland mitigation projects in Bells Bend Park (Proposal No. 2012M-030PR-001).

BILL NO. BL2012-289 (Todd)
Approved by Planning Commission
and Traffic & Parking Commission
Requested by: Harpeth Hall School

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning Johnstone Court right-of-way (Proposal No. 2012M-013AB-001).

BILL NO. BL2012-290 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission
Requested by: Littlejohn Engineering Assoc.

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 Music Circle East right-of-way (Proposal No. 2012M-012AB-001).

BILL NO. BL2012-291 (Stanley)

An ordinance amending Sections 17.04.060 and 17.16.110 of the Metropolitan Code, Zoning Regulations, amending the definition of “recycling facility” to clarify that it does not include the conversion of material into a fuel product or asphalt, and to prohibit such activity on construction/demolition landfill property (Proposal No. 2012Z-022TX-001).

BILL NO. BL2012-292 (Barry, Steine)

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Sections 17.04.060 and 17.16.250 pertaining to recording studios as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2012Z-024TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2012-241 (Dominy)
Referred to Budget & Finance Committee

An ordinance amending Chapter 5.04 of the Metropolitan Code to require the annual contract for services between the Metropolitan Government and the Nashville Area Chamber of Commerce pertaining to the Partnership 2020 program to be approved by resolution of the Metropolitan Council.

BILL NO. BL2012-262 (Matthews)
Approved by Planning & Zoning Committee
Referred to Public Works Committee

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

BILL NO. BL2012-265 (Tygard, Langster)
Referred to Public Works
and Planning & Zoning Committees

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

BILL NO. BL2012-266 (Claiborne, Todd)
Referred to Budget & Finance
and Personnel Committees

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
Referred to Public Works
and Planning & Zoning Committees

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
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

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, Evans, Matthews)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

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, McGuire)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

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, Gilmore, Matthews)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

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
Referred to ECD Board, Public Works
Traffic & Parking
and Planning & Zoning Committees

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).

- BILLS ON THIRD READING -

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. BL2012-247 (McGuire)
Planning Commission – Approved with conditions (7-0) disapproved without
Referred to 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)
Planning Commission – Approved with conditions (7-0) disapproved without
Referred to 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)
Planning Commission – Approved (6-0-1)
Referred to 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).

BILL NO. BL2012-250 (Garrett, Bennett & others)
(As Amended)
Approved by 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
Traffic & Parking Commission
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
Traffic & Parking Commission
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
Traffic & Parking Commission
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
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)
Approved by 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
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
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
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)
Approved by 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.

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2012-459 (Stanley)
Referred to Education Committee

A resolution requesting the Mayor and Metropolitan Nashville Public Schools (MNPS) to replace the entire fleet of school buses powered by diesel combustion engines with hybrid-electric school buses.

RESOLUTION NO. RS2012-460 (Stanley)
Referred to Traffic & Parking Committee

A resolution requesting the Mayor and the Metropolitan Transit Authority of Nashville to designate as a top priority program the replacement of the entire fleet of public buses powered by diesel combustion engines with hybrid-electric buses.