Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, September 10, 2013
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Community Corrections Advisory Board
Reappointment of Mr. Vince Wyatt for a term expiring August 31, 2015.
Reappointment of Ms. Tyler Yarbro for a term expiring August 31, 2015.

Historical Commission
Reappointment of Ms. E. Menie’ Bell for a term expiring August 10, 2017.
Reappointment of Mr. David Currey for a term expiring August 10, 2017.
Reappointment of Dr. Bill McKee for a term expiring August 10, 2017.

Hospital Authority
Reappointment of Ms. Mary Bufwack for a term expiring July 11, 2018.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-826 (S. Davis)
Referred to Public Safety Committee

A resolution exempting Keisha’s Ballroom & Deli located at 1315 Lischey Avenue 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. BL2013-513 (Westerholm, A. Davis, Bennett)
Referred to Planning Commission
Map & Parcel No./Owner:
61-3; 61-7; 61-11; 61-15, Various Parcels, Various Owners
72-2; 72-3; 72-6, 72-10; 72-13; 72014, Various Parcels, Various Owners
82-12; 82-15; 82-16, Various Parcels, Various Owners
83-1; 83-5; 83-9, Various Parcels, Various Owners
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 MUG, CS, CL, OR20, RS5, R6, OL, SP, RS10, and RS7.5 to MUG-A, MUL-A, and OR20-A zoning for various properties and a portion of property located along Gallatin Avenue, Gallatin Pike and Main Street between South 5th Street and Briley Parkway, (approximately 213.96 acres), all of which is described herein (Proposal No. 2013Z-028PR-001).

BILL NO. BL2013-514 (Westerholm, A. Davis, Bennett)
Referred to Planning Commission
Map & Parcel No./Owner:
61-3; 61-7; 61-11; 61-15, Various Parcels, Various Owners
72-2; 72-3; 72-6, 72-10; 72-13; 72014, Various Parcels, Various Owners
82-12; 82-15; 82-16, Various Parcels, Various Owners
83-1; 83-5; 83-9, Various Parcels, Various Owners
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 making applicable the provisions of the Gallatin Pike Urban Design Overlay to various properties and a portion of property located along Gallatin Avenue, Gallatin Pike and Main Street, between South 5th Street and Briley Parkway (213.96 acres), all of which is described herein (Proposal No. 2013UD-003-001).

BILL NO. BL2013-515 (Hunt)
Planning Commission – Approved with conditions, disapproved without (7-0)
Map & Parcel No./Owner:
49-200.01, 140, 319 Fontanel Properties, LLC
Requested by: EDGE Planning, Zoning and Historical Landscape 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 Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres) and located within the Floodplain Overlay District, to permit a rural resort with lodging for up to 140 rooms, all of which is described herein (Proposal No. 2009SP-022-007).

BILL NO. BL2013-516 (Claiborne)
Planning Commission – Approved (9-0)

A request to amend Sections 17.40.105 and 17.40.106 of the Metropolitan Zoning Code pertaining to Specific Plan Districts (Proposal No. 2013Z-011TX-001).

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2013-827 (Steine, Gilmore)
Referred to Budget & Finance Committee

A resolution appropriating to certain accounts for the benefit to Contribute to Music and Entertainment Economic Development Initiatives, Five Hundred Thousand Dollars ($500,000) from undesignated fund balances of the General Fund of the General Services District.

RESOLUTION NO. RS2013-828 (Steine, Gilmore)
Referred to Budget & Finance Committee

A resolution authorizing the execution and delivery of an economic development incentive grant agreement between The Metropolitan Government of Nashville and Davidson County and Music City Productions, Inc., the company which produces the television show Nashville.

RESOLUTION NO. RS2013-829 (Steine)
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 general operating support to cover program and direct expenses related to art programs, research, and community engagement.

RESOLUTION NO. RS2013-830 (Pardue)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the Electric Power Board of The Metropolitan Government, and the City of Goodlettsville for access to 800-MHZ for emergency radio dispatching and response.

RESOLUTION NO. RS2013-831 (Steine, Hunt)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution approving a joint funding agreement with the United States Department of the Interior, United States Geological Survey, to acquire an imagery upgrade for Nashville and Davidson County.

RESOLUTION NO. RS2013-832 (Steine, Dominy)
Referred to Budget & Finance
and Public Works Committees

A resolution approving three amendments to three agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste disposal facilities.

RESOLUTION NO. RS2013-833 (Steine, Dominy & others)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into Utility Relocation Contract No. 8041 with the State of Tennessee, Department of Transportation, to construct PIN Number 112302.00, Bridge 19-SR-254-2.54 Over Otter Creek, located in Davidson County (State Project No. 19057-4221-04 and MWS Project No. 09-WG-42).

RESOLUTION NO. RS2013-834 (Steine, Glover)
Referred to Budget & Finance and Education Committees

A resolution approving Amendment One to the 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. RS2013-835 (Steine, Tygard, Langster)
Referred to Budget & Finance
and Parks Committees

A resolution approving an application for a Music City Ballroom Kids and Friends Grant from the National Endowment for the Arts to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks and Recreation Department, and in conjunction with Friends of Metro Dance.

RESOLUTION NO. RS2013-836 (Steine, Tygard, Langster)
Referred to Budget & Finance
and Parks Committees

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, to partner with the Metropolitan Nashville Public Library to conduct four hands-on “Art of the Word” creative workshops.

RESOLUTION NO. RS2013-837 (Steine, Tygard, Langster)
Referred to Budget & Finance
and Parks Committees

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 Board of Parks and Recreation, to provide twelve big band dances in Centennial Park.

RESOLUTION NO. RS2013-838 (Steine, Tygard, A. Davis)
Referred to Budget & Finance
and Parks Committees

A resolution approving an application for a Green Development Project Grant from The State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the South Inglewood Park Bio-Retention Planting of native prairie plants and grasses.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-526 (Steine, Westerholm)

An ordinance amending section 3.24.020 of the Metropolitan Code pertaining to the treatment of accidental injuries arising out of and in the course of employment.

BILL NO. BL2013-527 (Steine, Westerholm)

An ordinance approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Concentra Health Services, Inc., for the provision of medical services to employees that have sustained an occupational injury.

BILL NO. BL2013-528 (Claiborne, Steine, Tygard)
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 106-04 part of Parcel 20) from Pinnacle Business Products, LLC, for use as part of the parks system (Proposal No. 2013M-032PR-001).

BILL NO. BL2013-529 (Westerholm)
Approved by Planning Commission
and Traffic & Parking Commission
Requested by: Dean Design Group

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 277 right-of-way (Proposal No. 2013M-012AB-001).

BILL NO. BL2013-530 (Allen)
Approved by Planning Commission
and Traffic & Parking Commission
Requested by: DreamInc.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of Alley No. 968 right-of-way and easement (Proposal No. 2013M-011AB-001).

BILL NO. BL2013-531 (Dominy, Hunt, Harrison)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Whites Creek Stormwater Improvement Project for one property located at 2532 Whites Creek Pike (Project No. 13-SWC-154 and Proposal No. 2013M-042ES-001).

BILL NO. BL2013-532 (Dominy, Hunt, Harrison)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the County Hospital Road Stormwater Improvement Project for six properties located at 1809, 1811, 1813, 1901, 1903, and 1905 County Hospital Road (Project No. 12-SWC-029 and Proposal No. 2013M-034ES-001).

BILL NO. BL2013-533 (Dominy, Hunt, A. Davis)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the McGavock Pike Stormwater Improvement Project for two properties located at 1119 and 1121 McGavock Pike (Project No. 13-SWC-190 and Proposal No. 2013M-041ES-001).

BILL NO. BL2013-534 (Dominy, Hunt, Langster)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon one sewer manhole and approximately 15 linear feet of an existing public sewer main and to accept one sewer manhole for various properties located along Cartwright Street and Charlotte Avenue (MWS Project No. 13-SL-37 and Proposal No. 2013M-036ES-001).
- BILLS ON INTRODUCTION AND FIRST READING (Cont'd) -

BILL NO. BL2013-535 (Dominy, Hunt, Langster)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 160 linear feet of an existing public sewer main and easement and 1,500 linear feet of existing public water main and to accept 1,550 linear feet of eight inch and 12 inch water mains, five fire hydrants, and 207 linear feet of an eight inch sewer line for properties located at 1809 Morena Street and 1807 Albion Street (MWS Project Nos. 13-WL-33 and 13-SL-29 and Proposal No. 2013M-039ES-001).

BILL NO. BL2013-536 (Gilmore, Dominy, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 140 linear feet of an existing 96 inch public sewer main and easement and approximately 110 linear feet of existing 15 inch public sewer main, and to accept approximately 180 linear feet of a 96 inch public sewer main for properties located at 1800 Chet Atkins Place and 817 18th Avenue South (MWS Project No. 13-SL-0038 and Proposal No. 2013M-035ES-001).

BILL NO. BL2013-537 (Dominy, Hunt, S. Davis)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 436 linear feet of an existing 108 inch public sewer main and 762 linear feet of 30 inch public sewer main and associated easements for properties located at 5 Main Street and 110 N. First Street, (MWS Project No. 94-SC-5B-2 and Proposal No. 2013M-040ES-001).

BILL NO. BL2013-538 (Gilmore)
Map & Parcel No./Owner:
94-9-85; 94-10-10 Creative Strategic Investments, LP and Jimmy Allen et ux
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 IR to IG zoning for properties located at 1044 Omohundro Place and 905 Visco Drive, at the corner of Visco Drive and Fesslers Lane and partially located within the Floodplain Overlay District (6.83 acres), all of which is described herein (Proposal No. 2013Z-030PR-001).

BILL NO. BL2013-539 (Gilmore)
Planning Commission – Approved with conditions, disapproved without (9-0)
Map & Parcel No./Owner:
81-16-308 Danny Newman
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 R6 to SP zoning for property located at 1112 11th Avenue North, at the southeast corner of 11th Avenue North and Scovel Street and located within the Phillips-Jackson Street Redevelopment District (0.27 acres), to permit up to six residential dwelling units, all of which is described herein (Proposal No. 2013SP-024-001).

BILL NO. BL2013-540 (Moore)
Planning Commission – Approved (6-0)
Map & Parcel No./Owner:
105-9-451 Wedgewood Tower, LP
Requested by: Dean Design Group

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 cancelling a portion of the Residential Planned Unit Development Overlay District located at Wedgewood Avenue (unnumbered), approximately 700 feet east of 12th Avenue South, zoned RM20 and proposed for RM20-A (0.32 acres), all of which is described herein (Proposal No. 2013P-001-001).

BILL NO. BL2013-541 (Moore)
Planning Commission – Approved (6-0)
Map & Parcel No./Owner:
105-9-451 Wedgewood Tower, LP
Requested by: Dean Design Group

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 RM20 to RM20-A zoning for property located at Wedgewood Avenue (unnumbered), approximately 700 feet east of 12th Avenue South (0.32 acres), all of which is described herein (Proposal No. 2013Z-027PR-001).

BILL NO. BL2013-542 (Gilmore)
Map & Parcel No./Owner:
81-12-309-300, 470 Robert Pullen
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 SP to SP for properties located at 906 Cheatham Place, 1501 9th Avenue North and 9th Avenue North (unnumbered), at the northwest corner of 9th Avenue North and Cheatham Place, (0.76 acres), to permit up to 15 detached residential dwelling units, all of which is described herein (Proposal No. 2013SP-026-001).

BILL NO. BL2013-543 (Tygard, S. Davis)

An ordinance amending Section 13.24.390 of the Metropolitan Code to allow limited advertising within parks.

- BILLS ON SECOND READING -

BILL NO. BL2013-523 (Gilmore)
Referred to Budget & Finance Committee

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 (Claiborne, Matthews)
Referred to Planning & Zoning Committee

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

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 THIRD READING -

BILL NO. BL2013-353 (Tenpenny, Potts)
Planning Commission – Disapproved (9-0)
Approved by Planning & Zoning Committee
Map & Parcel No./Owner:
119-13-286 Andrew Ford, Lee Ford & Thomas Ford, Jr.
Requested by: Snyder Engineering, PLLC

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 RS10 to SP zoning for property located at 316 Tanksley Avenue, approximately 240 feet east of Nolensville Pike (0.26 acres), to permit accessory vehicle parking and a storage building, all of which is described herein (Proposal No. 2012SP-029-001).

BILL NO. BL2013-474 (Westerholm, A. Davis)
Planning Commission – Approved (7-0-1)
Approved by 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. BL2013-496 (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. BL2013-517 (Maynard, Matthews & others)
Approved by 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
and 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).

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

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

BILL NO. BL2013-520 (Dowell, Gilmore & others)
Approved by Planning Commission
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
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
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).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2013-839 (Glover, Claiborne & others)
Referred to Rules Committee

A resolution recognizing Principal Robbin Wall and staff for the positive transformation of McGavock Comprehensive High School.

RESOLUTION NO. RS2013-840 (Stites, A. Davis)
Referred to Rules Committee

A resolution supporting the work and vision of International Justice Mission to end human slavery around the world, and recognizes October 1, 2013 as International Justice Mission Day.

RESOLUTION NO. RS2013-841 (Steine, Garrett & others)
Referred to Rules Committee

A resolution affirming the Charter for Compassion facilitated by the International Campaign for Compassionate Cities.

RESOLUTION NO. RS2013-842 (Glover)
Referred to Education Committee

A resolution calling for a moratorium on the approval of new charter schools until the Metropolitan Nashville Public School system's revenue projections improve substantially or until the school system is able to make significant structural changes in its budget.

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