Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, January 17, 2012
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Director of Law
Appointment of Mr. Saul Solomon for terms set by Charter.

- CONSENT AGENDA RESOLUTIONS –

- RESOLUTIONS -

RESOLUTION NO. RS2012-130 (McGuire)
Referred to Budget & Finance Committee

A resolution authorizing the execution, terms, issuance, sale and payment of general obligation refunding bonds in one or more series in the aggregate principal amount of not to exceed $280,000,000.

RESOLUTION NO. RS2012-131 (Langster, McGuire)
Referred to Budget & Finance
and Health, Hospitals &Social Services Committees

A resolution approving amendment one to a contract for services between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Community Food Advocates to purchase services to increase access to healthy food and physical activity opportunities, particularly in low-income neighborhoods.

RESOLUTION NO. RS2012-132 (McGuire)
Referred to Budget & Finance Committee

A resolution approving amendment two 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. RS2012-133 (McGuire)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for Juvenile Accountability Block Grant (JABG) funding to enhance court staffing to supervise delinquent youth.

RESOLUTION NO. RS2012-134 (McGuire)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a donation from Fred’s Inc. to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Nashville Fire Department for public fire safety education.

RESOLUTION NO. RS2012-135 (McGuire)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Christi Carter against the Metropolitan Government of Nashville and Davidson County in the amount of $25,000.00.

- BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2012-91 (Weiner, Barry & others)

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

BILL NO. BL2012-92 (Dominy, Duvall & others)

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).

- BILLS ON SECOND READING -

BILL NO. BL2011-49 (Blalock)
Referred to Budget & Finance
Convention & Tourism, Public Safety
and Transportation & Aviation Committees

An ordinance amending Chapter 6.74 of the Metropolitan Code pertaining to the regulation and operation of motorized, non-taxi passenger vehicles for hire.

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

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

BILL NO. BL2011-82 (Claiborne, Hunt & others)
Referred to 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. BL2011-83 (Stanley)
Referred to Budget & Finance
and 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. BL2011-84 (Harmon, Potts & others)
Approved by Planning Commission
Referred to 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
Referred to 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
Referred to 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
Referred to 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
and Traffic & Parking Commission (6-0)
Referred to 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
and Traffic & Parking Commission (6-0)
Referred to 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).

- BILLS ON THIRD READING -

BILL NO. BL2011-16 (Baker)
Disapproved by Planning Commission
Approved by ECD Board (6-0)
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 Centennial Place to “Wayne Wise Place” (Proposal No. 2011M-001SR-001).

BILL NO. BL2011-47 (Bennett, A. Davis & others)
Approved by Planning Commission (6-0)
Referred to Health, Hospitals & Social Services
and Planning & Zoning Committees

An ordinance to amend Title 8 and Title 17 of the Metropolitan Code to modify the regulations and standards pertaining to the keeping of chickens (Proposal No. 2011Z-020TX-001).

BILL NO. BL2011-57 (Pridemore, Pardue, Langster)
Approved by Public Safety
and Planning & Zoning Committees

An ordinance naming the Madison Police Precinct in honor of Officer Paul Scurry.

SUBSTITUTE BILL NO. BL2011-58 (McGuire, Banks, Johnson)
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 LifePoint Hospitals, Inc. (and its subsidiaries) and its Project Developer.

BILL NO. BL2011-59 (Mitchell)
Approved by Budget & Finance
and Public Safety Committees

An ordinance approving an affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, Division of Emergency Medical Services, and Bar Education, Inc. for students to receive clinical instruction and training.

BILL NO. BL2011-60 (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 August 16, 2011.

BILL NO. BL2011-61 (Jernigan)
Approved by Planning Commission
Public Works, Traffic & Parking
and Planning & Zoning Committees
Referred to ECB Board

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 Sixth Street to “Jones Pointe” (Proposal No. 2011M-003SR-001).

BILL NO. BL2011-62 (Moore)
Approved by Planning Commission
Traffic & Parking Commission (8-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Paul McRedmond

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 12th Avenue South (Proposal No. 2011M-011AB-001).

BILL NO. BL2011-63 (Todd, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing the abandonment of 102 feet of storm sewer and a 10 foot public utility and drainage easement on properties located at 620 and 624 Belle Park Circle on the north side of Forrest Park Drive in connection with Project 11-DL-45 (Proposal No. 2011M-018ES-001).

BILL NO. BL2011-65 (Gilmore, Barry)
Approved by Codes
and Public Safety Committees

An ordinance amending Section 11.12.070 of the Metropolitan Code to limit noise from establishments in the downtown area during hours when they are not open for business.

BILL NO. BL2011-66 (A. Davis)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
72-7-131-132 DC Partners
Requested by: Joslin Pet Services & Metro 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 MUL to SP zoning for a portion of properties located at 2300 and 2302 Riverside Drive, at the intersection of Riverside Drive and McGavock Pike (0.19 acres), to permit an animal boarding facility and all uses permitted in the MUL district, all of which is described herein (Proposal No. 2011SP-027-001).

BILL NO. BL2011-67 (Baker)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
91-11-258-261 Ward Pace

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 MUL-A zoning for properties located at 5102, 5104, 5106 and 5108 Delaware Avenue, approximately 150 feet west of 51st Avenue North (0.69 acres), all of which is described herein (Proposal No. 2011Z-019PR-001).

BILL NO. BL2011-68 (Weiner, Tygard)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
91-11-258-261 F. Clay Bailey, Jr., Executor

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 OR20 zoning for properties located at 7201 Charlotte Pike and at Charlotte Pike (unnumbered), approximately 3,400 feet east of Old Hickory Boulevard (15.98 acres), all of which is described herein (Proposal No. 2011Z-021PR-001).

BILL NO. BL2011-69 (Claiborne)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
62-20, 23.02, 23, 26, 30, 111, 249, 269 Gaylord Entertainment Co., John Padgett Trustee, St. Thomas Foundation
Requested by: Gresham, Smith & Partners

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 BL2007-1357) for the previously approved Gaylord Specific Plan District (106.9 acres), and to add properties zoned R15 and CL, located at 2716, 2728 and 2730 Pennington Bend Road and at McGavock Pike (unnumbered) (22.24 acres) for a total of 129.14 acres within the SP district, all of which is described herein (Proposal No. 2007SP-014-001).

BILL NO. BL2011-70 (Bennett)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
72-2 Part of Parcel 105 Kelley 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 RS5 to ON zoning for a portion of property located at 3614 Baxter Avenue, approximately 390 feet north of Hart Lane (0.12 acres), all of which is described herein (Proposal No. 2011Z-023PR-001).

BILL NO. BL2011-72 (Blalock)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
161-306 Glory Teller Office
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 CL to SP zoning for property located at 5828 Nolensville Pike, approximately 1,400 feet south of Old Hickory Boulevard (1.08 acres), to permit an automatic car wash facility and all uses permitted in the CL District, all of which is described herein (Proposal No. 2011SP-012-001).

BILL NO. BL2011-73 (Duvall)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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. BL2011-76 (Baker)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
103-01-53-56, 154 Jerome Rosenblum, Robert Dougher & John Ginther
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 CS to SP zoning for properties located at 6028 and 6030 Neighborly Avenue and at 317, 319 and 321 Balmy Avenue, at the northwest corner of Neighborly Avenue and Balmy Avenue (0.99 acres), to permit auto sales (used), auto repair and all uses permitted in the CS district, all of which is described herein (Proposal No. 2011SP-029-001).

BILL NO. BL2011-77 (Duvall)
Disapproved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
164-72 Frank, David & Patricia Chilton
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 AR2a to CS zoning for property located at 5924 Mt View Road, approximately 600 feet north of Murfreesboro Pike (1.28 acres), all of which is described herein (Proposal No. 2011Z-022PR-001).

BILL NO. BL2011-78 (Duvall)
Disapproved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
164-72 Frank, David & Patricia Chilton
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 preliminary approval for the Pro N Stall Commercial Planned Unit Development Overlay for property located at 5924 Mt View Road, approximately 600 feet north of Murfreesboro Pike (1.28 acres), zoned AR2a and proposed for CS, to permit the conversion of a single-family residence for building contractor supply and distributive business wholesale uses and in the future to replace the building with two new buildings for a total of 11,350 square feet to permit all uses of the CS district, all of which is described herein (Proposal No. 2011P-001-001).

BILL NO. BL2011-79 (Hunt)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
49-200.01, 140, 319 Fontanel Properties
Requested by: EDGE Planning, Zoning and Historical 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 SP 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 modify a condition of BL2009-561, all of which is described herein (Proposal No. 2009SP-022-004).

BILL NO. BL2011-80 (Claiborne)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to modify Section 17.16.030.E (Adaptive Residential Development) (Proposal No. 2011Z-018TX-001).

BILL NO. BL2011-81 (Pardue)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
34-2-25 Steve R. & Janelle Brewster
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 CS to SP zoning for property located at 1809 Gallatin Pike, northeast of Myatt Drive (4.93 acres), to permit automobile sales (used), automobile service, automobile repair, car wash, and all uses permitted in the CS district, all of which is described herein (Proposal No. 2012SP-001-001).