Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, March 19, 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 Ms. Sara Longhini for a term expiring March 6, 2016.

Arts Commission
Appointment of Mrs. Hope Stringer for a term expiring January 1, 2014.
Mrs. Stringer will fill the unexpired term of Mr. Howard Stringer.

Fire and Building Code Appeals Board
Appointment of Mr. Rich McCoy for a term expiring March 1, 2017.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-618 (Langster)
Referred to Public Safety Committee

A resolution exempting Viener Fest Restaurant & Bar located at 117 28th Avenue North from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2013-619 (Matthews)
Referred to Budget & Finance Committee

Resolution authorizing the execution, terms, issuance, sale and payment of general obligation improvement bonds in the aggregate principal amount of not to exceed $405,000,000.

RESOLUTION NO. RS2013-620 (Matthews)
Referred to Budget & Finance Committee

Initial resolution authorizing and providing for the issuance and sale of water and sewer revenue bonds in an aggregate principal amount of not to exceed Five Hundred Million Dollars of The Metropolitan Government of Nashville and Davidson County (Tennessee).

RESOLUTION NO. RS2013-621 (Matthews)
Referred to Budget & Finance Committee

Resolution supplementing Substitute Resolution No. RS2010-1442 to authorize the execution, terms, issuance, sale and payment of water and sewer revenue bonds in an aggregate principal amount of not to exceed $300,000,000 and authorizing the use of available funds of the Metropolitan Government’s Water and Sewer Department to defease all or a portion of the Metropolitan Government’s remaining outstanding Water and Sewer Revenue Refunding Bonds, Series 2008B (Taxable).

RESOLUTION NO. RS2013-622 (Weiner, Matthews, Langster)
Referred to Budget & Finance
and Health, Hospitals and 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 provide care coordination services for the Children’s Special Services Program including pediatric and developmental assessment, audiology, and speech/language pathology services.

RESOLUTION NO. RS2013-623 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals and Social Services Committees

A resolution to appropriate funds from a Child and Adult Care Food Program Grant (CACFP) from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission, to supply after school meals and snacks for at-risk students.

RESOLUTION NO. RS2013-624 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals and Social Services Committees

A resolution approving Amendment One to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide bioterrorism emergency preparedness services to the citizens of Davidson County.

RESOLUTION NO. RS2013-625 (Bennett, Matthews)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the City of Cookeville, for the distribution of state grant funds to assist with investigations of internet crimes against children.

RESOLUTION NO. RS2013-626 (Bennett, Matthews)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and Dickson County, for the distribution of state grant funds to assist with investigations of internet crimes against children.

RESOLUTION NO. RS2013-627 (Bennett, Matthews, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the Tennessee Association of Chiefs of Police, for the distribution of state grant funds to assist with investigations of internet crimes against children.

RESOLUTION NO. RS2013-628 (Gilmore)
Approved by Traffic & Parking Commission (8-0)
Referred to Planning Commission
Budget & Finance, Traffic & Parking
and Planning & Zoning Committees

A resolution approving an amendment to a parking agreement between the Metropolitan Government and Stahlman Redevelopment Partners, LLC for the use of up to 175 parking spaces for a fee in the courthouse parking garage to extend the expiration of the term of that agreement from 2046 to 2053 (Proposal No. 2013M-006PR-001).

RESOLUTION NO. RS2013-629 (Moore, Gilmore & others)
Referred to Planning Commission
Budget and Finance, Education
and Planning & Zoning Committees

A resolution approving an amendment to a lease agreement between the State of Tennessee and the Metropolitan Government (Proposal No. # 2010M-002PR-002).

RESOLUTION NO. RS2013-630 (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. BL2013-395 (Matthews, Banks)

An ordinance approving a settlement agreement and accepting a settlement payment resolving a dispute as to the liability of Comcast of Nashville I, LLC (“Comcast”) arising out of an audit of Comcast’s franchise fee payments under its prior, existing franchise agreement with the Metropolitan Government and approving a renewed franchise agreement with Comcast for it to construct, maintain and operate a cable television system within Metropolitan Nashville and Davidson County under the provisions of Chapter 6.08 of the Metropolitan Code (Proposal No. 2013M-001FR-001).

BILL NO. BL2013-396 (Banks, Matthews, Claiborne)

An ordinance amending Title 6, Chapter 6.08 of the Metropolitan Code of Laws relative to Cable Franchise Agreements.

BILL NO. BL2013-397 (Matthews)

An ordinance approving Amendment One to a contract between The Metropolitan Government and CCBCC Operations, LLC to extend the contract for beverage services.

BILL NO. BL2013-398 (Bennett)

An ordinance approving an internship affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, and Argosy Education Group, Inc. d/b/a Argosy University – Nashville, to provide practicum and internship experience for students enrolled in the Master of Arts in Mental Health Counseling Program.

BILL NO. BL2013-399 (Hunt, Claiborne)

An ordinance authorizing the Director of Public Property to accept and record an easement in favor of the Metropolitan Government on three parcels of property for use in the Whites Creek Greenway system (Proposal No. 2013M-005ES-001).

BILL NO. BL2013-400 (Harmon, Claiborne & others)

An ordinance authorizing the granting of a permanent easement to Piedmont Natural Gas Company on certain property owned by the Metropolitan Government (Tax Map 161-00-0 Parcel 228.00) and presently used as Seven Mile Park (Proposal No. 2013M-006ES-001).

BILL NO. BL2013-401 (Baker)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to abandon a portion of easement rights that were previously retained by Council Ordinance 075-1262 within a portion of the former right-of-way of 53rd Avenue North fifty (50) feet in width on a portion of property located at 5301 Illinois Avenue, and to retain an existing twenty (20) foot public sanitary sewer easement within the former right-of-way (Proposal No. 2013M-003ES-001).

BILL NO. BL2013-402 (Weiner)

An ordinance amending Title 10 and Title 17 of the Metropolitan Code to rename various waste management land uses; to modify the zoning districts within which construction/demolition landfills are permitted; to modify the street standard, setback, landscape buffer yard, and operating hour restrictions applicable to construction/demolition landfills; and to allow convenience centers as an accessory use on construction/demolition landfill property, all of which is more particularly described herein (Proposal No. 2013Z-002TX-001).

BILL NO. BL2013-403 (Johnson)

An ordinance amending Section 17.28.100 of the Metropolitan Code pertaining to exterior lighting of buildings and structures (Proposal No. 2013Z-009TX-001).

- BILLS ON SECOND READING -

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, Allen)
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. BL2013-388 (Pridemore, Garrett)
Referred to Public Safety Committee

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

BILL NO. BL2013-389 (Bennett, Gilmore)
Referred to Parks Committee

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

BILL NO. BL2013-390 (Bennett, Harrison & others)
Referred to Traffic & Parking Committee

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
Referred to Public Works
and Planning & Zoning Committees

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).

- BILLS ON THIRD READING -

BILL NO. BL2013-370 (Gilmore)
Planning Commission – Approved with amended boundary, disapproved without amended (8-0)
Referred to 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)
Planning Commission – Approved (6-0)
Referred to 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)
(As Amended)
Planning Commission – Approved with amendment (8-0)
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).

BILL NO. BL2013-379 (S. Davis, Westerholm, A. Davis)
(As Amended)
Approved by 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. BL2013-382 (Matthews, Gilmore)
Approved by Planning Commission
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)
Approved by 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)
Approved by 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
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
Traffic & Parking Commission
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
Traffic & Parking Commission
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).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2013-631 (Todd)
Referred to Public Works Committee

A resolution requesting the Tennessee Valley Authority (TVA) to revise its current vegetation management policy in order to prevent the clear cutting removal of all trees fifteen feet high or taller located within the TVA easements containing transmission lines.

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