Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, April 2, 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
Appointment of Mr. Kamel Daouk for a term expiring February 2, 2016.
Appointment of Ms. Cristina Villarreal for a term expiring February 2, 2016.

CATV Special Committee
Reappointment of Mr. Tim K. Garrett for a term expiring March 1, 2016.

Civil Service Commission
Reappointment of Mr. William H. Farmer for a term expiring March 31, 2018.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2013-393 (Pridemore)
Planning Commission – Approved with conditions (8-0)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee

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).

BILL NO. BL2013-395 (Matthews, Banks)
Approved by Planning Commission
Referred to Budget & Finance
and Personnel-Public Information Committees

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).

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2013-633 (Matthews)
Referred to Budget & Finance Committee

A resolution appropriating to certain accounts for the benefit of the Administrative, Community Education Commission, District Attorney, Farmers’ Market, Nashville Fire Department, General Sessions Court, Hospital Authority, Metropolitan Council, Metropolitan Nashville Public Schools, Municipal Auditorium, Parks & Recreation, Metropolitan Nashville Police Department, Public Defender, Davidson County Sheriff’s Office, State Fair, and State Trial Courts, Eleven Million, Fifty Four Thousand, Nine Hundred Dollars ($11,054,900) from undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources.

RESOLUTION NO. RS2013-634 (Matthews, Bennett)
Referred to Budget & Finance Committee

A resolution approving a memorandum of understanding by and between the Tennessee Administrative Office of the Courts and The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to enhance the technology currently in use.

RESOLUTION NO. RS2013-635 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a grant application for 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 and meal delivery services to eligible seniors.

RESOLUTION NO. RS2013-636 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a grant application for 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 personal care services and homemaker services to eligible clients under the options program.

RESOLUTION NO. RS2013-637 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a grant application for 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 transportation to eligible seniors and handicapped residents in Davidson County.

RESOLUTION NO. RS2013-638 (Weiner, Langster)
Referred to Health, Hospitals & Social Services Committee

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 provide Vanderbilt students enrolled in the Allied Health, Dietetic Externship Program with clinical experience opportunities at the Metropolitan Public Health Department’s Women, Infants, and Children’s Nutritional Services Program.
- RESOLUTIONS (Cont'd) -

RESOLUTION NO. RS2013-639 (Weiner)
Referred to Health, Hospitals & Social Services Committee

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Crossroads Campus to allow the adoption of suitable animals so they may be incorporated into its troubled youth programs.

RESOLUTION NO. RS2013-640 (Jernigan)
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

A resolution accepting certain incomplete infrastructure and property interests located in River Landing, Phase 1, Section 1, Subdivision No. 2006s-182G-14, pursuant to Chapter 10.90 to the Metropolitan Code for completion and maintenance in the interest of public health and safety.

RESOLUTION NO. RS2013-641 (Claiborne, Potts, Matthews)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an agreement between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metro Department of Public Works, to install a traffic signal at SR 255 (Donelson Pike) intersection at Allen Road and Old Elm Hill Pike.

RESOLUTION NO. RS2013-642 (Allen, Moore & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an agreement between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metro Department of Public Works, to install a traffic signal at SR 106 (21st Avenue South) intersection at Children’s Way and Capers Avenue.

RESOLUTION NO. RS2013-643 (Claiborne, Potts, Matthews)
Referred to Public Works Committee

A resolution classifying public roads in Davidson County, Tennessee.

RESOLUTION NO. RS2013-644 (Moore, Matthews, Claiborne)
Approved by Planning Commission
Referred to Budget & 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. RS2013-645 (Matthews)
Referred to Public Works Committee

A resolution authorizing the Metropolitan Government of Nashville and Davidson County to enter into a consolidation agreement with the Old Hickory Utility District.

RESOLUTION NO. RS2013-646 (Matthews, Gilmore)
Referred to Budget & Finance
and Parks Committees

A resolution accepting a Friends of Centennial Park and Parthenon Grant from The Conservancy for the Parthenon and Centennial Park to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to provide funding for one employee’s salary.

RESOLUTION NO. RS2013-647 (Langster)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Cawthon’s Caterer, Inc. to install, construct and maintain an aerial encroachment at 1603 Charlotte Avenue for Jack Cawthon’s Bar-B-Que (Proposal No. 2013M-001EN-001).

RESOLUTION NO. RS2013-648 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Asia S. Smith against the Metropolitan Government of Nashville and Davidson County in the amount of $9,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2013-649 (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 Amber Upton.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-404 (Claiborne)

An ordinance providing the honorary designation of “Frank Rudy Memorial Road” for a portion of Music Valley Drive.

BILL NO. BL2013-405 (Moore, Matthews, Claiborne)

An ordinance approving a Sublease Agreement by and between the Metropolitan Government of Nashville and Davidson County and STEM Preparatory Academy (Proposal No. 2013M-008PR-001).

BILL NO. BL2013-406 (Matthews, Gilmore)
Approved by Planning Commission

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, and the Metropolitan Development and Housing Agency for a portion of The Bridge Building (Proposal No. 2013M-007PR-001).

BILL NO. BL2013-407 (Todd, Matthews, Gilmore)
Approved by Planning Commission

An ordinance approving and authorizing the Director of Public Property, or his designee, to accept the donation of real property (known as Map 142 part of Parcel 322 and all of Map 143 Parcel 70) from CRLP Bellevue, LLC and Colonial Properties, Inc., respectively, for use as part of the parks system (Proposal No. 2013M-005PR-001).

BILL NO. BL2013-408 (Moore)
Approved by Planning Commission
and Traffic & Parking Commission
Requested by: Jon Kemp

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Alley No. 1800 right-of-way and easement (Proposal No. 2013M-004AB-001).

BILL NO. BL2013-409 (Allen, Potts, Claiborne)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to abandon approximately one thousand three hundred twenty (1,320) feet of an eight (8) inch sewer main and the associated public utility easement on property located at 2014 Bernard Circle (Proposal No. 2013M-004ES-001).

BILL NO. BL2013-410 (Baker)
Planning Commission – Approved with conditions (7-1)
Map & Parcel No./Owner/Requested by:
103-1-153 Larry Maxwell & Miriam Richardson

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, and for final site plan for property located at 813 Watts Lane, approximately 120 feet west of Neighborly Avenue (1.57 acres), to permit light manufacturing and single-family residential uses, all of which is described herein (Proposal No. 2013SP-011-001).

BILL NO. BL2013-411 (Westerholm)
Planning Commission – Approved with conditions (8-0)
Map & Parcel No./Owner:
94-2-143, 144, 145 James I. Johnson etux
Requested by: Garafola Properties, 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 RS5 to SP zoning for properties located at 1801, 1805 and 1807 Sevier Street, at the northeast corner of Sevier Street and S. 18th Street (0.7 acres), to permit up to ten detached single-family dwelling units, all of which is described herein (Proposal No. 2013SP-008-001).

BILL NO. BL2013-412 (Weiner)
Map & Parcel No./Owner:
128-38 Dr. Churku Mohan Reddy & Rama C. Reddy etal
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 Hicks Road (unnumbered), approximately 1,160 feet east of Sawyer Brown Road (36.25 acres), all of which is described herein (Proposal No. 2013Z-013PR-001).

BILL NO. BL2013-413 (Duvall)
Planning Commission – Approved (9-0)
Map & Parcel No./Owner:
175-201 Harold E. Crye Trustee
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 OR20 and IWD to CS zoning for property located at 12629 Old Hickory Boulevard, at the southeast corner of Hobson Pike and Old Hickory Boulevard (2.27 Acres), all of which is described herein (Proposal No. 2013Z-006PR-001).

BILL NO. BL2013-414 (Baker)
Map & Parcel No./Owner:
91-11-55,56 Eugene Nelson, Stephen & Janice Matheny
Requested by: John G. Brittle, Jr.

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 and CS to SP zoning for properties located at 5100 and 5104 Illinois Avenue, at the northwest corner of Illinois Avenue and 51st Avenue North (0.36 acres), to permit a mixture of uses, all of which is described herein (Proposal No. 2013SP-013-001).

BILL NO. BL2013-415 (Langster)
Planning Commission – Approved with conditions disapproved without (9-0)
Map & Parcel No./Owner:
81-15-365,366 Artmas L. Worthy
Requested by: Artmas L. Worthy & 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 RS5 to SP zoning for properties located at 1729 and 1731 Knowles Street, at the southeast corner of Knowles Street and Dr. D.B. Todd Jr. Boulevard, (0.34 acres), to permit a maximum of four residential units, all of which is described herein (Proposal No. 2013SP-001-001).

BILL NO. BL2013-416 (Matthews)
Planning Commission – Approved (9-0)
Map & Parcel No./Owner:
22-30 Suzanne McGehee, Guy Bates, Jr., Mary B. George
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 RS40 to MUL zoning for property located at Whites Creek Pike (unnumbered), approximately 590 feet south of Eatons Creek Road (4.11 acres), all of which is described herein (Proposal No. 2013Z-007PR-001).

BILL NO. BL2013-417 (McGuire)
Planning Commission – Approved with conditions, disapproved without (9-0)
Map & Parcel No./Owner:
117-15-67,68,69 Nancy Shipley & Ruth Baker
Requested by: Dewey-Estes 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 R10 to SP zoning for properties located at 1701, 1705, and 1709 Glen Echo Road, opposite Hillmont Drive (1.04 acres), to permit up to 8 residential units, all of which is described herein (Proposal No. 2013SP-010-001).

BILL NO. BL2013-418 (Hunt, Claiborne)
Planning Commission – Approved (8-0)

An ordinance to amend Sections 17.08.030, 17.16.070, 17.16.090, 17.32.050, 17.32.110, 17.32.120, 17.32.130 and 17.32.150 of the Metropolitan Zoning Code, pertaining to specific automobile related uses and sign requirements, by modifying which zoning district specific automobile related uses are permitted, all of which is more specifically described herein (Proposal No. 2013Z-006TX-001).

BILL NO. BL2013-419 (Claiborne)
Planning Commission – Approved (6-0)

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.670, pertaining to bulk standards for single-family structures on lots containing less than the minimum required lot area and adding a reference to Table 17.12.020.D (Proposal No. 2013Z-007TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2012-292 (Barry, Steine, Westerholm)
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. 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. BL2013-396 (Banks, Matthews, Claiborne)
Referred to Personnel-Public Information Committee

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

BILL NO. BL2013-397 (Matthews)
Referred to Budget & Finance
Convention & Tourism
and Parks Committees

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)
Referred to Public Safety Committee

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)
Approved by Planning Commission
Referred to Parks
and Planning & Zoning Committees

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

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

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).

- BILLS ON THIRD READING -

BILL NO. BL2013-370 (Gilmore)
Planning Commission – Approved with amended boundary, disapproved without amended (8-0)
Approved by 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. BL2013-374 (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).

SUBSTITUTE BILL NO. BL2013-380 (Glover)
Approved by 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)
(As Amended)
Approved by 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)
Approved by Public Safety Committee

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

BILL NO. BL2013-390 (Bennett, Harrison & others)
Approved by 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
Public Works
and Planning & Zoning Committees

An ordinance approving the Metropolitan Government to abandon approximately eight hundred

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