Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, August 20, 2013
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

President Pro Tempore
Election of Council President Pro Tempore for a one-year term ending August 31, 2014.

Planning, Zoning and Historical Committee
Election of committee chair for a two-year term ending August 31, 2015.

Traffic and Parking Committee
Election of committee chair for a two-year term ending August 31, 2015.

Community Education Commission
Appointment of Ms. Dalila M. Duarte for a term expiring August 20, 2016.

Historical Commission
Reappointment of Mr. Bob Allen for a term expiring August 10, 2017.
Reappointment of Dr. Bill McKee for a term expiring August 10, 2017.

Tourism and Convention Commission
Appointment of Mr. Randy Miller for a term expiring June 30, 2016.

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2013-803 (Matthews, Tenpenny & others)
Approved by 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 (Map 119-07-0 Parcels 045.00 and 046.00) for the use and benefit of the Metropolitan Department of Parks and Recreation (Proposal No. 2013M-029PR-001).
- RESOLUTIONS (Cont'd)-

RESOLUTION NO. RS2013-809 (S. Davis)
Referred to Federal Grants Review Committee

A resolution adopting a Substantial Amendment to the 2013-2018 Consolidated Plan for Housing and Community Development and 2013 Annual Action Plan and authorizing the Metropolitan Mayor to submit the Substantial Amendment to the U.S. Department of Housing and Urban Development.

RESOLUTION NO. RS2013-810 (Matthews, Moore)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $14,213,100.00 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. RS2013-811 (Matthews, Gilmore)
Referred to Budget & Finance Committee

A resolution accepting an Art Works Grant from the National Endowment for the Arts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Arts Commission.

RESOLUTION NO. RS2013-812 (Matthews, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in conjunction with Animal Control, to purchase materials and supplies to construct animal shelters.

RESOLUTION NO. RS2013-813 (Matthews, Bennett)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for Juvenile Accountability Block Grant (JABG) funding to enhance court staffing to supervise delinquent youth on supervised probation.

RESOLUTION NO. RS2013-814 (Matthews, Bennett)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Department of Correction, and The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, for a Community Corrections Services Grant to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services.

RESOLUTION NO. RS2013-815 (Matthews, Bennett, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an interlocal agreement between the Emergency Communications District for Nashville and Davidson County and The Metropolitan Government of Nashville and Davidson County for provision of services and reimbursement of costs pertaining to 911 services.

RESOLUTION NO. RS2013-816 (Matthews, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a contract with NEC Corporation of America for the maintenance of an Integra-ID System and related software for the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2013-817 (Matthews, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an interlocal agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, and the City of Hendersonville for participation in the Fiscal Year 2011 Port Security Grant Program funded by the U.S. Department of Homeland Security (No. EMW-2011-PU-K00375A).

RESOLUTION NO. RS2013-818 (Matthews, Bennett, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an agreement between the United States Department of Justice, Drug Enforcement Administration (DEA), and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to provide police assistance to the Middle Tennessee Drug Enforcement Task Force.

RESOLUTION NO. RS2013-819 (Bennett)
Referred to Public Safety Committee

A resolution approving an intergovernmental agreement between the State of Massachusetts, by and through the University of Massachusetts Lowell, and the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, establishing a research relationship.

RESOLUTION NO. RS2013-820 (Matthews, Langster)
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 establish programs and deliver services to prepare dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09P131DSLWK14).

RESOLUTION NO. RS2013-821 (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 establish programs and deliver services to prepare adults for re-entry into the labor force (LW09P131ADULT14).

RESOLUTION NO. RS2013-822 (Matthews, Gilmore)
Referred to Budget & Finance
and Parks Committees

A resolution approving Amendment Five to a grant from Vanderbilt University Medical Center, acting by and through the Vanderbilt Department of Pediatrics, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to collaborate on the Growing Right Onto Wellness (GROW) project to stop obesity in preschoolers before it becomes problematic.

RESOLUTION NO. RS2013-823 (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 Jolny Sanchez Romero.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-523 (Gilmore)

An ordinance amending Title 4 of the Metropolitan Code to establish a Community Benefits Agreement (CBA) policy for the Metropolitan Government of Nashville and Davidson County providing for local and apprentice hiring requirements for certain Metropolitan Government construction and development projects, and modifying the composition of the Procurement Standards Board.

BILL NO. BL2013-524 (Matthews)

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes.

BILL NO. BL2013-525 (Potts)

An ordinance approving an Agreement by and between the Metropolitan Government, acting by and through its Department of Public Works, Avondale Residential, Inc. and CSX Transportation, Inc. for the construction and acceptance of a roadway bridge over the CSXT right-of-way at Railroad Milepost 00N-15.45- OP No. 432540 Bellevue (Proposal No. 2013M-002OT-001).

- BILLS ON SECOND READING -

BILL NO. BL2013-517 (Maynard, Matthews & others)
Referred to Budget & Finance Committee

An ordinance amending Title 2 of the Metropolitan Code pertaining to the use of diversified business enterprises and participation in the Metropolitan Government Workforce Development Program by recipients of economic development incentives.

BILL NO. BL2013-518 (Matthews, Dowell, Claiborne)
Approved by Planning Commission
Referred to Budget & Finance Committee

An ordinance approving the execution and delivery of a ground lease by and between the Metropolitan Government of Nashville and Davidson County and the Sports Authority of the Metropolitan Government of Nashville and Davidson County (Proposal No. 2013M-030PR-001).
- BILLS ON SECOND READING (Cont'd) -

BILL NO. BL2013-519 (Gilmore, Matthews)
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance approving a construction agreement with CSX Transportation, Inc.

BILL NO. BL2013-520 (Dowell, Gilmore, Claiborne)
Approved by Planning Commission
Referred to Budget and Finance, 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 parcels of property for use in the Mill Creek Greenway system (Proposal No. 2013M-037ES-001).

BILL NO. BL2013-521 (Matthews, Gilmore, Claiborne)
Approved by Planning Commission
Referred to Budget and Finance, 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 a parcel of property for use in the Whites Creek Greenway system (Proposal No. 2013M-038ES-001).

BILL NO. BL2013-522 (Claiborne, Potts)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the Windemere Drive Stormwater Improvement Project for three properties located at 2740, 2744, and 2748 Windemere Drive (Project No. 13-SWC-200 and Proposal No. 2013M-033ES-001).

- BILLS ON THIRD READING -

BILL NO. BL2012-103 (Dominy, Duvall)
Planning Commission - Approved with conditions (9-0) disapprove without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
148-66 Hickory MC Investments GP
Requested by: Clemmons & 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 RM6 to SP zoning for property located at Franklin Limestone Road (unnumbered), approximately 1,725 feet east of Antioch Pike (40.18 acres), and within the Floodplain Overlay District, to an asphalt plant and associated uses including temporary mineral extraction allowing blasting and crushing of stone for sale/transfer from the site during site preparation for asphalt plant, all of which is described herein (Proposal No. 2012SP-002-001).

BILL NO. BL2013-474 (Westerholm)
Planning Commission – Approved (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
93-7-33, 47 Nashville Storage Center, LLC
Requested by: Jones, Hawkins & Farmer

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 IG to MUI-A zoning for properties located at 400 Davidson Street, at the southwest corner of the intersection of Davidson Street and I-24 and located within the Floodplain Overlay District (10.37 acres), all of which is described herein (Proposal No. 2013Z-018PR-001).

BILL NO. BL2013-489 (Johnson, Dowell, Duvall)
Planning Commission – Approved with conditions (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
Subarea 13 Various Maps, Various Parcels, Various Owners
Requested by: Council members Duvall, Johnson, Dowell

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 Murfreesboro Road Urban Design Overlay to various properties located along Anderson Road, Bell Road, Forest View Drive, Hamilton Church Road, Hamilton Crossings, Hobson Pike, Hurricane Creek Boulevard, Logistics Way, Maxwell Road, Morris Gentry Boulevard, Mountain Springs Road, Mt. View Circle, Mt. View Road, Murfreesboro Pike, Old Hickory Boulevard, Parks Retreat Drive, Pin Hook Road, Rural Hill Road and Summercrest Boulevard, (1,304.49 acres), all of which is described herein (Proposal No. 2013UD-002-001).

BILL NO. BL2013-490 (Potts)
Planning Commission – Approved (5-3)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
148-9-92-95, 100, 103-132, 136-144, 176; 148-10-29-132, 154; 148-13-30-53; 148-14-1-73, 338
Various Property Owners
Requested by: Councilman Potts

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 RS10 zoning for various properties located along Anton Drive, Creekside Drive, East Ridge Drive, Haywood Lane, Keeley Drive, Locustwood Drive, Packard Drive and West Valley Drive, between Haywood Lane and Packard Drive, (130.74 acres), all of which is described herein (Proposal No. 2013Z-026PR-001).

BILL NO. BL2013-491 (Holleman)
Planning Commission – Approved (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
91-16-373 Walnut Street Partners & DBL
Requested by: Commercial Realty Services

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 IR to MUL-A zoning for property located at 4111 Charlotte Avenue, at the southeast corner of Charlotte Avenue and 42nd Avenue North (0.81 acres), all of which is described herein (Proposal No. 2013Z-022PR-001).

BILL NO. BL2013-492 (Allen)
Planning Commission – Approved with conditions, disapproved without (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
104-7-391 Dragon Park, 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 amending the Blakemore Primitive Baptist Specific Plan District for property located at 2411 B Blakemore Avenue, approximately 330 feet west of 24th Avenue South, (0.2 acres), to construct a roof over an outdoor terrace along Blakemore Avenue and to modify conditions in the original SP approval pertaining to outdoor music, hours of operation, the allowance of outdoor events, and notice to Metro Nashville Public Schools and Metro Parks and Recreation regarding event dates, all of which is described herein (Proposal No. 2009SP-021-003).

BILL NO. BL2013-493 (Hunt)
Planning Commission – Approved (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
50-2-1 Russell & Gayle L. Jones
Requested by: O’Neill Property Mgmt.

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 RS7.5 to R6 zoning for property located at 3533 Brick Church Pike, approximately 685 feet north of Westchester Drive (0.2 acres), all of which is described herein (Proposal No. 2013Z-016PR-001).

BILL NO. BL2013-495 (Langster)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
92-7-166 Metro Government
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 OR20 to OR20-A zoning for property located at 813 19th Avenue North, at the southwest corner of Herman Street and 19th Avenue North (0.18 acres), all of which is described herein (Proposal No. 2013Z-024PR-001).

BILL NO. BL2013-496 (Harrison)
Planning Commission – Approved (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
70-16-39 SEV Metrocenter IV, LLC
Requested by: Minesh Deva

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 IWD to MUL zoning for property located at 270 Venture Circle, approximately 420 feet east of Athens Way (2.17 acres), all of which is described herein (Proposal No. 2013Z-020PR-001).

BILL NO. BL2013-497 (Duvall)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
175-191 PNB Holding Co. 1, Inc.
Requested by: Dale & 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 SP to MUG zoning for property located at 4235 Murfreesboro Pike, approximately 1,600 feet south of Hurricane Creek Boulevard and partially located within the Floodplain Overlay District (12.24 acres), all of which is described herein (Proposal No. 2013Z-025PR-001).

BILL NO. BL2013-508 (A. Davis)
Approved by Rules Committee

An ordinance amending Section 2.222.040 of the Metropolitan Code pertaining to the procedures for the submission of complaints alleging violations of the standards of conduct.

BILL NO. BL2013-509 (Harrison, Gilmore & 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-H and described below (Proposal No. 2013M-016PR-001).

BILL NO. BL2013-510 (Harrison, Claiborne, Potts)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Hydes Ferry Road Stormwater Improvement Project for 21 properties located along Ashton Avenue, Elizabeth Road, Hydes Ferry Road, and John Mallette Drive (Project No. 13-SWC-197 and Proposal No. 2013M-030ES-001).

BILL NO. BL2013-511 (Claiborne, Potts)
Approved by Planning Commission
Public Works and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately two hundred eighteen feet (218) linear feet of an existing thirty-six (36) inch storm water pipe and (contingent upon the installation of a new storm water pipe and easement) for property located at 465 Donelson Pike (Proposal No. 2013M-032ES-001).

BILL NO. BL2013-512 (Harrison, Claiborne, Potts)
Approved by Planning Commission
Public Works and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Old Matthews Road Stormwater Improvement Project on eight (8) properties located along Old Matthews Road, Brick Church Pike, and Gwynnwood Road (Project No.13-SWC-155 and Proposal No. 2013M-031ES-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. RS2013-808 (Steine, Tygard)
Referred to Rules Committee

A resolution recognizing John W. “Billy” Lynch for his 45 years of outstanding service to the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2013-824 (Gilmore)
Referred to Rules Committee

A resolution calling on the United States Congress to end Sequestration and balance the federal budget in a way that will create jobs and strengthen our communities.

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