Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, March 5, 2013
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Dr. LaVoneia Steele for a term expiring February 2, 2016.

Electrical Examiners & Appeals Board
Appointment of Mr. Perry Patterson for a term expiring February 15, 2017.

Emergency Communications District Board
Appointment of Mr. David Gleason for a term expiring February 14, 2017.

Nashville Education, Community & Arts Television Corp(NECAT)
Appointment of Ms. Jennifer Gamble for a term expiring February 5, 2016.
Reappointment of Mr. Keith Miles for a term expiring February 5, 2016.
Reappointment of Ms. Celeste Wilson for a term expiring February 5, 2016.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-595 (Langster)
Referred to Public Safety Committee

A resolution exempting Sardinia Enoteca Ristorante located at 210 25th Avenue North, Suite 110, from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2013-370 (Gilmore)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
81 & 82 Various Parcels, Various Owners
Requested by: Historic Zoning Commission & Councilmember Gilmore

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 the Salemtown Neighborhood Conservation Overlay District to properties located along 3rd Avenue North, 4th Avenue North, 5th Avenue North, 6th Avenue North, 7th Avenue North, Buchanan Street, Coffee Street, Garfield Street and Hume Street (71.0 acres), all of which is described herein (Proposal No. 2013NHC-001-001).

BILL NO. BL2013-371 (Moore)
Planning Commission – Approved with conditions, disapproved without (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
105-11-27 Michael W. Krabousanos
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 R6 to SP zoning for property located at 502 Southgate Avenue, approximately 245 feet west of Rains Avenue (0.7 acres), to permit up to nine residential dwelling units, all of which is described herein (Proposal No. 2013SP-003-001).

BILL NO. BL2013-372 (Gilmore)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
92-16-57 Vanderbilt University
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 CF to MUI-A zoning for property located at 2007 Terrace Place, approximately 175 feet west of 20th Avenue South (0.97 acres), all of which is described herein (Proposal No. 2013Z-003PR-001).

BILL NO. BL2013-373 (Matthews)
Planning Commission – Approved with conditions, disapproved without (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
67-145 Phillip E. Chamblee
Requested by: Thomas L. Anderson Architect, 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 CL to SP zoning for property located at 5110 Ashland City Highway, at the northwest corner of Ashland City Highway and Old Hickory Boulevard (4.42 acres), to permit motorcycle sales, automobile sales, and all uses permitted by the CL zoning district, all of which is described herein (Proposal No. 2013SP-004-001).

BILL NO. BL2013-374 (Duvall)
Planning Commission – Approved, disapproved without UDO (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
164-121 Stephen J. Kozy

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 Murfreesboro Pike (unnumbered), at the southeast corner of Murfreesboro Pike and Pin Hook Road (1.6 acres), all of which is described herein (Proposal No. 2012Z-031PR-001).

BILL NO. BL2013-375 (Duvall)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
164-121 Stephen J. Kozy & 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 making applicable the provisions of an Urban Design Overlay District to establish building and site design standards at the southeast corner of Murfreesboro Pike and Pin Hook Road, zoned AR2a and proposed for CS, all of which is described herein (Proposal No. 2013UD-001-001).

BILL NO. BL2013-376 (Gilmore)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee

An ordinance to amend Sections 17.37 (Downtown Code) of the Metropolitan Zoning Code by adding regulations for signage (Proposal No. 2013Z-003TX-001).

BILL NO. BL2013-377 (Gilmore)
Referred to Planning & Zoning Committee

An ordinance approving Amendment No. 9 to the Capitol Mall Redevelopment Project Plan, Amendment No. 6 to the Rutledge Hill Redevelopment Plan, Amendment No. 4 to the Phillips-Jackson Street Redevelopment Plan, and Amendment No. 4 to the Arts Center Redevelopment Plan, to revise the sections of those Redevelopment Plans regulating signs.

BILL NO. BL2013-378 (McGuire)
Planning Commission – Approved with conditions, disapproved without (7-0-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
117-10-115,116; 117-14- 42 Green & Little, LP etal & GLCZ Cleghorn, LP
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 changing from OR20 to SP zoning for properties located at 2400 Crestmoor Road and at 3813 and 3815 Cleghorn Avenue, at the southwest corner of Crestmoor Road and Cleghorn Avenue (2.09 acres), permitting all uses of the MUG-A district except those uses specified on the plan as prohibited, and utilizing most bulk standards of the MUG-A district, all of which is described herein (Proposal No. 2012SP-028-001).

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2013-596 (Matthews)
Referred to Budget & Finance Committee

A resolution calling the Metropolitan Board of Equalization (“MBOE”) into regular session beginning June 3, 2013 and special session beginning June 24, 2013.

RESOLUTION NO. RS2013-597 (Matthews)
Referred to Budget & Finance Committee

A resolution approving a grant from the After-School Corporation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Children and Youth, for the Mayor’s after school initiative, Nashville After Zone Alliance, to participate in knowledge dissemination activities.

RESOLUTION NO. RS2013-598 (Matthews)
Referred to Budget & Finance Committee

A resolution appropriating funds from the Fund for Cities of Service, Inc. to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office pursuant to a memorandum of understanding to fund the implementation of Change for Chestnut using impact volunteering as a key strategy.

RESOLUTION NO. RS2013-599 (Matthews, Bennett)
Referred to Budget & Finance Committee

A resolution accepting a Video Conferencing Traversal Solution Grant from the Tennessee Administrative Office of the Courts to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to install a video conferencing traversal solution to replace outdated equipment.

RESOLUTION NO. RS2013-600 (Matthews, Bennett, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a package of amendments to a grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Fire Department, to purchase computer equipment and software for fire inspectors to conduct inspections and generate violation reports in the field.

RESOLUTION NO. RS2013-601 (Potts, Matthews)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an agreement between the United States Department of the Army and the Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, for the Harpeth River Watershed Feasibility Study being conducted in Davidson and Williamson Counties, Tennessee and authorizing all necessary officials to execute the same.

RESOLUTION NO. RS2013-602 (Potts, Matthews)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an amendment to the contract, approved by RS2011-1756, for services by and between the United States Department of the Army and the Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, for the Phase 3 Watershed Modeling in Davidson County, Tennessee and authorizing all necessary officials to execute the same.

RESOLUTION NO. RS2013-603 (Matthews, Gilmore)
Referred to Budget & Finance
and Parks & Library Committees

A resolution accepting a grant from the State of Tennessee, 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 to increase their love of reading using e-reader devices preloaded with electronic, interactive and chapter books.

RESOLUTION NO. RS2013-604 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Evan Brown.

RESOLUTION NO. RS2013-605 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s personal injury claim against Donna Pippins.

RESOLUTION NO. RS2013-606 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Kortney Warren.

RESOLUTION NO. RS2013-607 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Jenny, Geyder, and Alexa Alvarado against the Metropolitan Government of Nashville and Davidson County in the amount of $12,500, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2013-608 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Trudy Crowe against the Metropolitan Government of Nashville and Davidson County in the amount of $25,000, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2013-609 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Anna Young for $26,235.13 and the property damage claim of Nationwide Insurance Company for $5,000 against the Metropolitan Government of Nashville and Davidson County for a total of $31,235.13, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2013-610 (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. BL2013-388 (Pridemore)

An ordinance repealing Metropolitan Code of Laws § 7.16.120 to eliminate residency requirements for liquor license applicants.

BILL NO. BL2013-389 (Bennett, Gilmore)

An ordinance amending Section 13.24.130 of the Metropolitan Code pertaining to animals running at large.

BILL NO. BL2013-390 (Bennett)

An ordinance amending Section 13.40.040 of the Metropolitan Code requiring notice of parking fees to be posted at parking lots and garages.

BILL NO. BL2013-391 (Potts)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to abandon approximately eight hundred thirty (830) linear feet of an existing eight (8) inch public water main and associated easements and to accept one hundred ninety six (196) linear feet of an eight (8) inch DIP public water main, public fire hydrant and an easement on property located at 4040 Armory Oaks Drive (Proposal No. 2013M-002ES-001).

BILL NO. BL2013-392 (Weiner)
Map & Parcel No./Owner:
128-45 Community Bank & Trust
Requested by: 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 SP to RS80 zoning for property located at Sawyer Brown Road (unnumbered), approximately 540 feet north of Meadow Lane Drive (39.09 acres), all of which is described herein (Proposal No. 2013Z-008PR-001).

BILL NO. BL2013-393 (Pridemore)
Planning Commission – Approved with conditions (8-0)
Map & Parcel No./Owner:
43-15-23 thru 26 Jimmy R. Mitchell
Requested by: Azimtech Engineering

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-A zoning properties located at 1119 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 315 feet east of Larkin Springs Road (1.68 acres), to permit automobile repair and wrecker service, all of which is described herein (Proposal No. 2013SP-006-001).

BILL NO. BL2013-394 (Claiborne)
Planning Commission – Approved (8-0)

An ordinance to amend Sections 17.08.030 of the Metropolitan Zoning Code, pertaining to community education uses, by modifying which zoning districts community education uses are permitted, all of which is more specifically described herein (Proposal 2013Z-005TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2013-379 (S. Davis, Westerholm, A. Davis)
Referred to Health, Hospitals & Social Services Committee

An ordinance to amend Section 8.12.020 of the Metropolitan Code pertaining to the keeping of chickens on community garden property within the Gallatin Pike Specific Plan zoning district.

BILL NO. BL2013-380 (Glover)
Referred to Public Works Committee

An ordinance amending Chapter 13.20 of the Metropolitan Code to require the Metropolitan Government to provide notice to residents whenever excavation work is being done that impacts their property.

BILL NO. BL2013-381 (Tygard)
Referred to Codes Committee

An ordinance amending Chapter 16.60 of the Metropolitan Code to require periodic reports regarding the energy and water savings from Metropolitan Government buildings and facilities constructed using sustainable building principles and practices.

BILL NO. BL2013-382 (Matthews, Gilmore)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance relinquishing the Metropolitan Government’s further interest in a building and parcel of property currently housing the Metropolitan Government’s archived records and formerly the Green Hills branch library (Proposal Number 2013M-004PR-001).

BILL NO. BL2013-383 (S. Davis, Westerholm & others)
Referred to Federal Grants Review Committee

An ordinance adopting the 2013-2018 Consolidated Plan for Housing and Community Development and authorizing the Metropolitan Mayor to submit the 2013-2018 Consolidated Plan to the U.S. Department of Housing and Urban Development.

BILL NO. BL2013-384 (S. Davis, Westerholm & others)
Referred to Federal Grants Review Committee

An ordinance adopting the 2013 Analysis of Impediments to Fair Housing Choice and authorizing the Metropolitan Mayor to submit the 2013 Analysis of Impediments to the U.S. Department of Housing and Urban Development.

BILL NO. BL2013-385 (Moore, Potts)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government to abandon approximately ninety-two (92) linear feet of an existing eight (8) inch sewer main and associated easements and to accept one public sewer manhole on property located at 2300 Franklin Pike (Proposal No. 2012M-038ES-001).

BILL NO. BL2013-386 (Allen)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Anderson, Delk, Epps & Assoc.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government by abandoning Ransom Avenue right-of-way and easement (Proposal No. 2013M-001AB-001).

BILL NO. BL2013-387 (Langster)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Ragan-Smith-Associates

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government by abandoning a portion of Alley No. 555 right-of-way and easement (Proposal No. 2012M-015AB-001).

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2012-283 (Claiborne, Jernigan, McGuire)
(As Amended)
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. BL2012-305 (McGuire)
Planning Commission – Approved with conditions (7-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
117-16; 117-16-0-A; 117-16-0-B Various Parcels David Lipscomb University
Requested by: Tuck-Hinton 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 David Lipscomb Institutional Overlay District to make modifications to several buildings located within the existing Overlay District, zoned R10, (70.21 acres), all of which is described herein (Proposal No. 2006IN-001-004).

BILL NO. BL2013-356 (S. Davis, Maynard)
Approved by Budget & Finance
and Public Works Committees

An ordinance providing the honorary designation of “Production Row” for Cowan Street from Spring Street north to its terminus.

BILL NO. BL2013-357 (Gilmore, Potts)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government to abandon water, sewer, and stormwater mains and easement rights for the Music City Center Project (09-SL-0020 & 09-WL-0022) on properties located between 5th Avenue South and Korean Veterans Boulevard and 8th Avenue South and Demonbreun Street (Proposal No. 2012M-036ES-001).

BILL NO. BL2013-358 (Matthews)
Approved by Budget & Finance Committee

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Arts Commission, and the Americans for the Arts regarding each party’s responsibilities in relation to the Americans for the Arts 2014 Annual Convention and Pre-Conference in Nashville, Tennessee, and funding thereof, and authorizing the execution of the same.

BILL NO. BL2013-359 (Matthews, Gilmore, Dowell)
Approved by Planning Commission
Budget & Finance, Convention & Tourism
and Planning & Zoning Committees

An ordinance approving various agreements related to the conveyance of fee interest in ownership of the property on which the Renaissance Hotel is located, and the leasing of certain space within the Metropolitan Government’s existing convention center building (Proposal Number 2013M-003PR-001).

BILL NO. BL2013-361 (Gilmore, Potts)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing the Convention Center Authority for the Music City Center to install, construct, and maintain underground and aerial encroachments in the right-of-way of 5th Avenue South, 6th Avenue South, and Demonbreun Street (Proposal No. 2012M-022EN-001).

BILL NO. BL2013-362 (Moore, S. Davis & others)
Approved by Planning Commission
Budget & Finance
and Planning & Zoning Committees

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled Exhibits A-K and described below (Proposal No. 2012M-031PR-001 ).

BILL NO. BL2013-363 (Langster, Potts)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government to abandon easement rights that were retained by Council Ordinance BL94-1115, within the former rights-of-way of Alley No. 583 and Alley No. 585, on properties located at the northwest corner of Albion Street and 21st Avenue North. (Proposal No. 2012M-039ES-001).

BILL NO. BL2013-364 (Todd, Potts)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance to negotiate and accept permanent and temporary easements for the Page Road Stormwater Improvement Project on two (2) properties located at 212 and 214 Page Road (Proposal No. 2012M-034ES-001).

BILL NO. BL2013-365 (Mitchell, Potts)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance to negotiate and accept permanent and temporary easements for the Myhr Drive Stormwater Improvement Project on nine (9) properties located along Myhr Drive and Beech Bend Drive (Proposal No. 2012M-033ES-001).

BILL NO. BL2013-366 (Potts)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance to negotiate and accept permanent and temporary easements for the Louise Drive Stormwater Improvement Project on thirty-three (33) properties located along Elizabeth Street, Harlin Drive, Louise Drive, Morton Avenue, Tanksley Street, Thompson Lane and Timmons Street (Proposal No. 2012M-017ES-001).

BILL NO. BL2013-367 (Dominy, Potts)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance to negotiate and accept permanent and temporary easements for the Ezell Road Stormwater Improvement Project on nineteen (19) properties located along Bakertown Road, Ezell Road, Lallemond Drive, and Wharton Drive (Proposal No. 2012M-035ES-001).

BILL NO. BL2013-368 (Gilmore, Potts, Claiborne)
Approved by Planning Commission
Traffic & Parking Commission (7-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
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 closing and abandoning a portion of the Division Street right-of-way and easements, and to authorize the execution of a quitclaim deed to convey any interest the Metropolitan Government possesses in right-of-way at the intersection of Division and Broadway that would not already be extinguished by the aforementioned abandonment (Proposal No. 2013M-002AB-002).

BILL NO. BL2013-369 (A. Davis)
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 October 2, 2012.

- MEMORIALIZING RESOLUTIONS -
(Referred to Rules & Confirmations Committee)

RESOLUTION NO. RS2013-611 (Matthews)

A resolution recognizing and congratulating Deputy Chief Louise W. Kelton.

RESOLUTION NO. RS2013-612 (Dowell, Bedne & others)

A resolution honoring the life of Clarence C. Hurt.

RESOLUTION NO. RS2013-613 (Tygard, Langster & others)

A resolution recognizing Coach James Franklin of the Vanderbilt University Commodores Football Team.

RESOLUTION NO. RS2013-614 (Hunt)

A resolution recognizing Delta Sigma Theta Sorority, Incorporated, upon the occasion of its 100th anniversary.

RESOLUTION NO. RS2013-615 (Johnson, Barry & others)

A resolution recognizing Project Homeless Connect 2013.

RESOLUTION NO. RS2013-616 (Johnson, Bedne & others)

A resolution honoring eight Metropolitan Nashville Public School teachers upon earning National Board Certification.

RESOLUTION NO. RS2013-617 (Bedne, Dominy)
Referred to Education Committee

A resolution endorsing the Diversity Management Plan adopted by the Metropolitan Board of Public Education.

Requests for ADA accommodation should be directed to Ana Escobar at 615/862-6770.