Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, December 18, 2012
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2012-516 (Matthews)
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 an aggregate principal amount of not to exceed $370,000,000.

RESOLUTION NO. RS2012-517 (Matthews)
Referred to Budget & Finance Committee

A resolution approving agreements between the Tennessee Valley Authority, the Electric Power Board of the Metropolitan Government of Nashville and Davidson County, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of General Services for the purchase, interconnection and parallel operation of electricity generated by solar units.

RESOLUTION NO. RS2012-518 (Matthews)
Referred to Budget & Finance Committee

A resolution approving Amendment Three to a grant from the Southeast Energy Efficiency Alliance to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Environment and Sustainability, to increase residential energy efficiency building retrofits which include financial incentives to homeowners and community outreach programs.

RESOLUTION NO. RS2012-519 (Matthews)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $3,842,000.00 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. RS2012-520 (Matthews)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the Electric Power Board of the Metropolitan Government, and the City of Mt. Juliet for access to 800-MHZ system for emergency radio dispatching and response.

RESOLUTION NO. RS2012-521 (Matthews, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement by and between the Federal Bureau of Investigation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, regarding the Nashville Violent Crime Gang Task Force.

RESOLUTION NO. RS2012-522 (Duvall, Matthews, Bedne)
Approved by Planning Commission
Referred to Budget & Finance, Education
and Planning & Zoning Committees

A resolution authorizing the Director of Public Property, or his designee, to exercise options to purchase real property (Map 150-00 Parcels 048.00 and 208.00) for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2012M-035PR-001).

RESOLUTION NO. RS2012-523 (Claiborne, Pridemore & others)
Referred to Planning Commission
Budget & Finance, Parks
and Planning & Zoning Committees

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property for use as park land (2013M-001PR-001).

RESOLUTION NO. RS2012-524 (Gilmore, Matthews)
Referred to Planning Commission
Budget & Finance, Parks
and Planning & Zoning Committees

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real properties known as Map 069-04 Parcel Nos. 234.00, 236.00, 237.00, 238.00 and 239.00 and part of Map 069-08 Parcel 001.00 for recreational use in the parks system (Proposal No. 2013M-002PR-001).

RESOLUTION NO. RS2012-525 (Gilmore, Claiborne, Matthews)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution accepting a PPFG Tennessee Civil War Crossroads Grant from Middle Tennessee State University 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 Story.

RESOLUTION NO. RS2012-526 (Gilmore, Claiborne, Matthews)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution accepting a PPFG Fort Negley Historic Structure Grant from Middle Tennessee State University 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. RS2012-527 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting 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, to focus on the target area of parks and recreation from Tennessee’s “Eat Well, Play More” Plan to increase healthy food and beverage options.

RESOLUTION NO. RS2012-528 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines at congregate meal sites, meal delivery services, and transportation to eligible seniors and handicapped residents.

RESOLUTION NO. RS2012-529 (Weiner, Matthews, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a memorandum of understanding by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the Metropolitan Nashville Hospital Authority to make available to potentially eligible individuals who receive inpatient or outpatient prenatal or postpartum services information about WIC program benefits and how to apply for those benefits.

RESOLUTION NO. RS2012-530 (Potts, Matthews)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an amendment to the Recycling Service Agreement between the Metropolitan Government of Nashville and Davidson County and QRS, Inc., approving the assignment of that contract from QRS, Inc. to Waste Management of Tennessee, Inc.

RESOLUTION NO. RS2012-531 (Matthews)
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 provide funds for the Incumbent Worker Training Program to eligible companies in Local Workforce Investment Area Nine (LW09F131IWRSP13).

RESOLUTION NO. RS2012-532 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Raymond Chandler against the Metropolitan Government of Nashville and Davidson County in the amount of $13,000.00, and that said amount be paid out of the self-insured liability fund.

RESOLUTION NO. RS2012-533 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Luquetta A. Ferby 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. RS2012-534 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Tiffany N. Jones against the Metropolitan Government of Nashville and Davidson County in the amount of $10,500.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2012-535 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of the Nashville Electric Service against the Metropolitan Government of Nashville and Davidson County in the amount of $106,144.03, and that said amount be paid out of the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2012-332 (Matthews)

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to reflect changes in emergency towing costs.

BILL NO. BL2012-333 (Potts, Matthews)

An ordinance amending Chapters 15.12, 15.16, 15.32, 15.44 and 15.48 of the Metropolitan Code of Laws relative to work performed in the public right-of-way, private service line insurance, charges for disconnection of service, reconnection of service, returned checks, net and gross billing procedures and charitable discounts.

BILL NO. BL2012-334 (Potts)

An ordinance amending Metropolitan Code Section 13.08.040 to restrict vendors permitted under that section from vending on public rights of way closed for the purpose of any special event for which the metropolitan government has given its official written permission during the limited period of time specified for the special event and within the area covered by the special event permit, unless they have the permission of the special event permit holder.

BILL NO. BL2012-335 (Matthews, Bennett)

An ordinance approving an agreement granting Vanderbilt University’s LifeFlight and Police Department access to the 800-MHZ system for public safety and emergency services purposes.

BILL NO. BL2012-336 (A. Davis, Westerholm)

An ordinance providing the honorary designation of “Riverside Memorial Boulevard” for Riverside Drive in East Nashville from Shelby Park to its terminus.

BILL NO. BL2012-337 (Weiner, Claiborne)

An ordinance amending Section 17.16.210 of the Metropolitan Code, Zoning Regulations, to modify the distance requirements for construction/demolition landfills (Proposal No. 2013Z-002TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2012-283 (Claiborne)
Approved by Budget & Finance
and Public Safety Committees

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)
(As Amended)
Disapproved by Budget & Finance
and Public Works Committees
Referred to Traffic & Parking Committee

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. BL2012-292 (Barry, Steine)
Planning Commission – Approved (7-0-1)
Referred to Planning & Zoning Committee

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).

BILL NO. BL2012-315 (Matthews)
Referred to Budget & Finance Committee

An ordinance amending section 4.46.060 of the Metropolitan Code pertaining to the Procurement Nondiscrimination Program to change the frequency of benchmarking.
- BILLS ON SECOND READING (Cont'd) -

BILL NO. BL2012-320 (Claiborne)
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. BL2012-321 (Evans, Todd & others)
Referred to Budget & Finance
and Public Works Committees

An ordinance approving an Agreement by and between the Metropolitan Government, acting by and through its Department of Public Works and CSX Transportation, Inc. for the engineering, installation, and maintenance of a preemption interconnection device at the intersection of Vaughn’s Gap Road and SR 100.

BILL NO. BL2012-322 (Claiborne, Gilmore, Matthews)
Referred to Planning Commission
Parks, Public Works
and Planning & Zoning Committees

An ordinance authorizing the granting of a permanent easement to Piedmont Natural Gas Co. on certain property owned by the Metropolitan Government (Tax Map 085-00-0 Parcel 001.00) and presently used as Heartland Park (Proposal No. 2012M-037ES-001).

BILL NO. BL2012-323 (Claiborne, Potts & others)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County ( Proposal No. 2012M-001OT-001 ).

BILL NO. BL2012-324 (Gilmore)
Referred to Budget & Finance
and Public Works Committees

An ordinance providing the honorary designation of “Musicians Way” for Gay Street between James Robertson Parkway and Fifth Avenue North.

BILL NO. BL2012-325 (Claiborne, Potts, Matthews)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance granting a franchise to Nashville Data Link, Inc., to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2012M-023EN-001).

- BILLS ON THIRD READING -

BILL NO. BL2012-301 (Johnson)
Planning Commission – Disapproved as submitted, approve with amendments (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
135-276 Vastland Nashboro Development, LLC
Requested by: Councilmember Johnson

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 Nashboro Village Planned Unit Development Overlay District for a portion of property located at Nashboro Boulevard (unnumbered), at the southeast corner of Nashboro Boulevard and Flintlock Court, zoned R10 (4.48 acres), to permit an assisted/independent living facility and multifamily residential townhome uses not to exceed two stories, where 144 multifamily units in two six-story buildings was previously approved, all of which is described herein (Proposal No. 74-79P-010).

BILL NO. BL2012-303 (Johnson)
Planning Commission – Approved with amendments, disapprove without (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
135-317 Vastland Nashboro Development, LLC
Requested by: Councilmember Johnson

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 Nashboro Village Planned Unit Development Overlay District for property located at Nashboro Boulevard (unnumbered), east of Murfreesboro Pike, zoned RM6 (1.70 acres), to add conditions applicable to the daycare facility use already approved for the property, all of which is described herein (Proposal No. 74-79P-011).

BILL NO. BL2012-306 (Todd)
Planning Commission – Approved with conditions (7-0) disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
131-02 Parcels 001-010, 900 Haury & Smith Contractors, Inc.
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 a portion of the Stammer Park SP for properties located at 2121 and 2123 Hobbs Road and at 4213, 4215, 4217, 4219, 4221, 4223, 4225, 4227 and 4227 B Stammer Place, at the southwest corner of Hobbs Road and Stammer Place (2.34 acres), to permit detached units, all of which is described herein (Proposal No. 2005SP-099-001).

BILL NO. BL2012-307 (Glover)
Planning Commission – Approved (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
76-52 James & Allison Scarlett
Requested by: Councilman Glover

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 RS15 to AR2a zoning for property located at 931 Old Lebanon Dirt Road, approximately 650 feet north of N. New Hope Road (6.0 acres), all of which is described herein (Proposal No. 2012Z-025PR-001).

BILL NO. BL2012-308 (Moore)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
105-09-379 Kudzu Real Estate, 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 R8 to RS5 zoning for property located at 906 Acklen Avenue, approximately 460 feet west of Wedgewood Avenue (0.25 acres), all of which is described herein (Proposal No. 2012Z-021PR-001).

BILL NO. BL2012-309 (Jernigan)
Planning Commission – Disapproved (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
53-16-048 Jean Y. Oatsvall, Trustee
Requested by: Jean Y. Oatsvall, Trustee and 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 MUL to SP zoning for property located at 100 Iris Avenue, at the northeast corner of Iris Avenue and Old Hickory Boulevard (0.24 acres), to permit all uses of the MUL zoning district and new and used tire sales, all of which is described herein (Proposal No. 2012SP-030-001).

BILL NO. BL2012-310 (McGuire)
Planning Commission – Approved with conditions (7-0) disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
117-15, Parcels 064-065, 159-162, 168 Bess Frances Hunt Bennett et vir, Robert & Irene Schwartz & Barbara Ann Newman
Requested by: Barlow Builders, 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 R10 and RS10 to SP zoning for properties located at 1719 and 1725 Glen Echo Road and at Glen Echo Road (unnumbered), approximately 500 feet east of Hillmont Drive (4.31 acres), to permit up to 15 single-family lots, all of which is described herein (Proposal No. 2012SP-022-001).

BILL NO. BL2012-311 (Tenpenny)
Planning Commission – Approved with conditions (9-0) disapproved without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
119-10-228 Rembert Woodroof, Jr., Ouida Woodroof Holt, Baker Woodroof
Requested by: Terry & 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 RS10 to SP zoning for property located at 2901 Tuggle Avenue, at the southwest corner of Tuggle Avenue and Thompson Lane (0.27 acres), to permit a single-family residential unit and/or general office uses, all of which is described herein (Proposal No. 2012SP-025-001).

BILL NO. BL2012-312 (Claiborne)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Automobile Convenience” as use permitted with conditions (PC) in the IWD, IR and IG zoning districts (Proposal No. 2012Z-023TX-001).

BILL NO. BL2012-313 (Claiborne)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee

An ordinance amending Section 17.40.010 of the Metropolitan Code of Laws to require construction, application and enforcement of the zoning code in accordance with federal law (Proposal No. 2012Z-025TX-001).

BILL NO. BL2012-314 (Banks, Matthews, Langster)
Approved by Budget & Finance
and Personnel Committees

An ordinance amending the Metropolitan Employee Benefit System to provide a retirement incentive to employees of the Metropolitan Government who otherwise qualify for retirement as of February 28, 2013.

BILL NO. BL2012-316 (Allen, Potts, Matthews)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government to acquire permanent and temporary easements for the Primrose Circle Stormwater Improvement Project on seven (7) properties located along Primrose Circle (Project No. 13-SWC-0026) (Proposal No. 2012M-032ES-001).

BILL NO. BL2012-317 (Potts, Todd)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government to abandon approximately 135 feet of an 8 inch public sewer main with one manhole and to accept approximately 150 feet of an 8 inch public sewer main with three manholes for Project No. 10-SL-0167 on property located at 113 Page Road (Proposal No. 2012M-027ES-001).

BILL NO. BL2012-318 (S. Davis, Matthews)
Approved by Planning Commission
Budget & Finance, Education
and Planning & Zoning Committees

An ordinance approving a lease agreement between the Metropolitan Development and Housing Agency and the Metropolitan Government for use of portions of the facilities located at Levy Place Housing Development (Proposal No. 2012M-033PR-001).

BILL NO. BL2012-319 (Matthews, Gilmore)
Approved by Planning Commission
Budget & Finance, Education
and Planning & Zoning Committees

An ordinance approving a lease agreement between the Metropolitan Development and Housing Agency and the Metropolitan Government for use of portions of the facilities located at J. Henry Hale Housing Development (Proposal No. 2012M-034PR-001).