Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, April 16, 2013
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Fire & Building Code Appeals Board
Reappointment of Mr. Eddie Hutton for a term expiring March 1, 2017.

Historic Zoning Commission
Reappointment of Ms. Ann Nielson for a term expiring April 1, 2018.

Planning Commission
Reappointment of Mr. Stewart Clifton for a term expiring March 31, 2017.
Reappointment of Mr. Jim McLean for a term expiring March 31, 2017.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-650 (Bennett)
Referred to Public Safety Committee

A resolution exempting Las Fiestas Café located at 3623 Gallatin Road 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. RS2013-640 (Jernigan, Bennett)
Approved by Public Works
and Planning & Zoning Committees
Referred to Budget & Finance Committee

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. RS2013-651 (Matthews)
Referred to Budget & Finance Committee

A resolution approving the plan for the reappraisal and equalization of assessments in Davidson County as submitted by the Metropolitan Assessor of Property, and approving receipt of state funds, if provided, to assist in the cost of the reappraisal.

RESOLUTION NO. RS2013-652 (Matthews)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, for funding to non-profit organizations to conduct community arts projects in Davidson County.

RESOLUTION NO. RS2013-653 (Matthews)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement by and between the United States Government, by and through Medicare, and the Metropolitan Government of Nashville and Davidson County, by and through the Nashville Fire Department, to allow the Fire Department to bill Medicare.

RESOLUTION NO. RS2013-654 (Matthews, Bennett, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for an Internet Crimes Against Children (ICAC) Grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2013-655 (Matthews)
Referred to Budget & Finance and Education Committees

A resolution accepting an AmeriCorps Vista Volunteer Grant from the Tennessee Literacy Coalition to The Metropolitan Government of Nashville and Davidson County, acting by and through the Community Education Commission, to provide an AmeriCorps program participant to assist in building volunteer capacity.

RESOLUTION NO. RS2013-656 (Weiner, Matthews, Langster)
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, for the provision of immunization program activities and staffing to monitor and assess the delivery of immunization services by providers in Davidson County.

RESOLUTION NO. RS2013-657 (Weiner, Matthews)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant 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 provide services to assist low income and/or homeless individuals achieve self-sufficiency.

RESOLUTION NO. RS2013-658 (Weiner, Matthews, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the Healthy Start Initiative - Eliminating Racial/Ethnic Disparities to provide a variety of services for pregnant and parenting women.

RESOLUTION NO. RS2013-659 (Weiner, Matthews, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the U.S. Department of Health and Human Services to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV disease.

RESOLUTION NO. RS2013-660 (S. Davis, Potts & others)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services (“MWS”), to enter into an agreement to participate with the Metropolitan Development and Housing Agency (“MDHA”) to improve Stormwater infrastructure in the Haynes Park and Maynor Place neighborhoods of Davidson County, Tennessee in accordance with MWS Project No. 12-SWC-174 and MWS Project No. 12-SWC-131.

RESOLUTION NO. RS2013-661 (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 for Phase 4 of the Flood Preparedness Study in Davidson County, Tennessee.

RESOLUTION NO. RS2013-662 (Potts, Matthews)
Referred to Budget & Finance
and Public Works Committees

A resolution approving cooperative agreement No.13ESTNGEML0030 with the United States Department of the Interior - United States Geological Survey for the continued operation and upgrades of Water Quality Monitors and flood warning gages in FY2014, FY2015, and FY2016 on Mill Creek, Dry Creek, Browns Creek, Richland Creek, Whites Creek, Stones River, and Cumberland River.

RESOLUTION NO. RS2013-663 (Potts, Matthews)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, to educate and engage residents, businesses, and visitors on the negative impact littering has on a community as a whole.

RESOLUTION NO. RS2013-664 (Matthews)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Ashlee Parker on behalf of her minor daughter, Amijah Parker, against the Metropolitan Government of Nashville and Davidson County in the amount of $9,245.00, and that said amount be paid out of the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-420 (Maynard, Matthews & others)

An ordinance amending Title 2 of the Metropolitan Code to create a small business economic development incentive grant program.

BILL NO. BL2013-421 (Pardue)

An ordinance amending Section 10.56.250 of the Metropolitan Code with regard to open burning.

BILL NO. BL2013-422 (Moore)

An ordinance amending Chapter 12.42 of the Metropolitan Code pertaining to the procedure to be followed in designating residential permit parking areas.

BILL NO. BL2013-423 (Moore, Gilmore, Claiborne)

An ordinance approving an agreement between the Metropolitan Government and the State of Tennessee concerning the exchange of certain parcels of real property (Proposal Number 2013M-011PR-001).

BILL NO. BL2013-424 (Dowell, Matthews, Claiborne)

An ordinance approving a lease between the Metropolitan Government, by and through the Metropolitan Nashville Public Schools, and the State of Tennessee on behalf of Nashville State Community College (Proposal No. 2013M-012PR-001).

BILL NO. BL2013-425 (S. Davis, Claiborne, Potts)
Approved by Planning Commission

An ordinance approving a license agreement to use Metro property for cross access by HHKW Properties, LLC (Proposal No. 2013M-009PR-001).

BILL NO. BL2013-426 (Todd, Potts, Claiborne)

An ordinance approving the Metropolitan Government to abandon approximately nine hundred and thirty linear feet (930’) of an existing eight inch (8”) public sewer main and associated easements on properties located at 4201, 4203, and 4208 Johnstone Court, and at 3801 and 3905 Hobbs Road (Proposal No. 2013M-008ES-001).

BILL NO. BL2013-427 (McGuire, Claiborne, Potts)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to abandon a public utility and drainage easement that was previously retained by Council Ordinance 095-078, within a portion of the former right-of-way of Alley #1706, on property located at 2708 Wortham Avenue (Proposal No. 2013M-007ES-001).

BILL NO. BL2013-428 (McGuire, Claiborne, Potts)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to abandon approximately one hundred fifteen (115) linear feet of an existing eight (8) inch public sewer main and easements and to accept approximately ninety-four (94) linear feet of an eight (8) inch public sewer main on property located at 1 Burton Hills Boulevard (Proposal No. 2013M-009ES-001).

BILL NO. BL2013-429 (Potts, Claiborne)
Approved by Planning Commission

An ordinance approving the Metropolitan Government to abandon approximately eighty-five (85) linear feet of an existing eight (8) inch public sewer main and easements and to accept approximately seventy-two (72) linear feet of an eight (8) inch public sewer main on property located at 100 Foothill Court (Proposal No. 2013M-011ES-001).

- BILLS ON SECOND READING -

BILL NO. BL2013-404 (Claiborne)
Referred to Budget & Finance
and Public Works Committees

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)
Approved by Planning Commission
Referred to Budget & Finance, Education
and Planning & Zoning Committees

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 (Gilmore, Matthews)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

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, Gilmore, Matthews)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

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
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
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
Referred to Public Works
and Planning & Zoning Committees

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).

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2012-292 (Barry, Steine & others)
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 an accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2012Z-024TX-001).

BILL NO. BL2013-389 (Bennett, Gilmore, Claiborne)
(As Amended)
Approved by Parks Committee

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

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
Budget & Finance, Personnel-Public Information
and Planning & Zoning 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).

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

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2013-665 (Stanley, Todd & others)
Referred to Rules Committee

A resolution establishing a Residential Caucus to actively address municipal issues of the resident citizens of Metropolitan Nashville and Davidson County.

RESOLUTION NO. RS2013-666 (Gilmore, Dowell)
Referred to Health, Hospitals & Social Services Committee

A resolution opposing the Metropolitan Development and Housing Agency’s decision to charge tenants for certain utilities that previously had been included as part of the base monthly rental amount.

RESOLUTION NO. RS2013-667 (Bedne, Blalock & others)
Referred to Public Works Committee

A resolution requesting the Tennessee Department of Transportation to widen State Route 11 (Nolensville Road) between Burkitt Road and Old Hickory Boulevard in order to relieve roadway congestion, improve safety, and accommodate expected growth.

RESOLUTION NO. RS2013-668 (Potts, Johnson)
Referred to Public Works Committee

A resolution recognizing Keep America Beautiful’ s Great American Cleanup and designating March, April and May 2013 as “Great American Cleanup Months” in Metropolitan Nashville and Davidson County.

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