Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, October 1, 2013
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Industrial Development Board
Election of three members to fill three (3) vacancies for terms expiring August 23, 2019.
Nominees: Mr. Aubrey Gregory, Ms. Andrea P. Perry, Mr. Carnell Scruggs.

Charter Revision Commission
Reappointment of Mr. Hal Hardin for a term expiring September 4, 2017.
Reappointment of Ms. Lorinda McLaughlin for a term expiring September 4, 2017.
Reappointment of Mr. Jim Murphy for a term expiring September 4, 2017.
Reappointment of Ms. Susan Short Jones for a term expiring September 4, 2017.
Reappointment of Mr. David Wilson for a term expiring September 4, 2017.

Transportation Licensing Commission
Appointment of Mr. Ben Jordan for a term expiring April 30, 2014.
Mr. Jordan will fill the unexpired term of Mr. Brian Winfrey.

- 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. BL2013-538 (Gilmore, Hunt)
Planning Commission – Approved (9-0)
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, Hunt)
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, Hunt)
Planning Commission – Approved with conditions, disapproved without (6-0)
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).

- CONSENT AGENDA RESOLUTIONS -

- RESOLUTIONS -

RESOLUTION NO. RS2013-861 (Steine, Hunt, Potts)
Referred to Rules Committee

A resolution electing three members to the Board of Directors of the Industrial Development Board of the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2013-862 (Steine)
Referred to Budget & Finance
and Education Committees

A resolution approving an application for a Cities of Service Impact Volunteering Grant from the Bloomberg Philanthropies to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Mayor’s Office, to mentor middle school students toward reading and graduation success.

RESOLUTION NO. RS2013-863 (Steine, Pardue)
Referred to Budget & Finance
and Education Committees

A resolution approving an application for the Title V Delinquency Prevention Grant from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2013-864 (Claiborne, Steine, Tygard)
Referred to Budget & Finance
and Parks & Library Committees

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

RESOLUTION NO. RS2013-865 (Steine, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract with Zoetis for the provision of animal vaccines for the Metropolitan Public Health Department.

RESOLUTION NO. RS2013-866 (Maynard)
Referred to Health, Hospitals & Social Services Committee

A resolution approving a clinical affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Aquinas College to provide clinical experience for students enrolled in the nursing program.

RESOLUTION NO. RS2013-867 (Steine, Pardue)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting the Edward Byrne Memorial Justice Assistance Grant (JAG) from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for technology upgrades, supplies for direct support to basic police, in-service, and specialized training.

RESOLUTION NO. RS2013-868 (Steine, Pardue)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving Amendment Two to a grant from the U. S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, to create a professional development program and acquire a driver simulator to train fire department personnel in the operation of large vehicles.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-550 (Steine, Westerholm)

An ordinance amending section Title 3 of the Metropolitan Code pertaining to earnings while an employee is on approved in-line-of-duty injury leave for purposes of disability and service pension calculations.

BILL NO. BL2013-551 (Pardue, Harrison)

An ordinance amending Section 12.54.200 (A)(9) and 12.54.310 of the Metropolitan Code of Laws, pertaining to Routes for horse-drawn carriage operation, by adding the ability of Zones to be created and by delegating duties to the staff of the Traffic and Parking Commission.

BILL NO. BL2013-552 (Harmon)

An ordinance amending Section 16.24.330 of the Metropolitan Code pertaining to the parking of motor vehicles for sale on commercial property.

BILL NO. BL2013-553 (Blalock, Steine, Hunt)
Approved by Planning Commission

An ordinance declaring surplus and approving the disposition of a portion of the parcel of real property located at 520 McMurray Drive, commonly known as McMurray Middle School (Proposal No. 2013M-037PR-001).

BILL NO. BL2013-554 (Gilmore, Steine, Hunt)
Approved by Planning Commission

An ordinance declaring surplus and approving the disposition of a certain parcel of real property located at 222 Third Avenue North, commonly known as the 222 Building (Proposal No. 2013M-034PR-001).

BILL NO. BL2013-555 (Gilmore, Steine, Hunt)
Approved by Planning Commission

An ordinance approving a lease agreement between the Metropolitan Government of Nashville and Davidson County and the Parkway Towers, LLC for office space in the Parkway Towers, 404 James Robertson Parkway, for use by several Metro agencies (Proposal No. 2013M-033PR-001).

BILL NO. BL2013-556 (Steine, Baker, Hunt)
Approved by Planning Commission

An ordinance authorizing the exchange of vacant property for the purpose of acquiring land for recreational use by the Metropolitan Government (Proposal No. 2013M-035PR-01).

BILL NO. BL2013-557 (Steine, Pardue)

An ordinance approving a Memorandum of Understanding between UCLA School of Law, Gideon’s Promise, the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Public Defender’s Office, and additional Partner Offices, for the Law School Partnership Project.

BILL NO. BL2013-558 (Gilmore, Steine)

An ordinance approving a donation agreement and accepting the donation of an artwork to the Metropolitan Government of Nashville and Davidson County.

BILL NO. BL2013-559 (Steine, Gilmore)

An ordinance providing the honorary designation of “Mario Ferrari Way” for Lyle Avenue.

BILL NO. BL2013-560 (Allen)
Map & Parcel No./Owner:
104-8-172,173 John Holland, Jared Danford & Mary Smith
Requested by: Barge, Waggoner, Sumner & Cannon

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 RM40 to SP zoning for properties located at 1708 and 1710 19th Avenue South, at the northeast corner of Belcourt Avenue and 19th Avenue South (0.44 acres), to permit up to 36 residential units, all of which is described herein (Proposal No. 2013SP-023-001).

BILL NO. BL2013-561 (McGuire)
Planning Commission – Approved with conditions, disapproved without (9-1)
Map & Parcel No./Owner:
131-3-21-23 Aubrey Harwell, Jr.
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 R10 to SP zoning for properties located at 4115, 4117, and 4119 Lone Oak Road, opposite Shackleford Road (1.1 acres), to permit up to eight detached residential units, all of which is described herein (Proposal No. 2013SP-025-001).

BILL NO. BL2013-562 (Banks)
Planning Commission – Approved with conditions, disapproved without (9-0)
Map & Parcel No./Owner:
172 Parcel 13 and Part of Parcel 198 W.H. Swain et ux & Montessori Academy
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 R40 to SP zoning for property located at 6015 Cloverland Drive and a portion of property located at 6021 Cloverland Drive, approximately 950 feet west of Edmondson Pike (7.2 acres), to permit up to 25 detached single-family residential dwelling units, all of which is described herein (Proposal No. 2013SP-028-001).

BILL NO. BL2013-563 (Baker)
Planning Commission – Approved (6-4)
Map & Parcel No./Owner:
91-6-305 Stan Kinslow
Requested by: Anthony Cherry

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 CN to R6 zoning for property located at 5516 Kentucky Avenue, approximately 115 feet east of 56th Avenue North (0.21 acres), all of which is described herein (Proposal No. 2013Z-019PR-001).

BILL NO. BL2013-564 (Mitchell)
Map & Parcel No./Owner:
126, Part of Parcels 59 & 568 Joe L. Rodgers, Steven Adcock & J.D. Valiquette
Requested by: Civil Site 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 AR2a to RS10 zoning for a portion of properties located at 7986 McCrory Lane and McCrory Lane (unnumbered), approximately 1,000 feet north of Newsom Station Road (2.45 acres), all of which is described herein (Proposal No. 2013Z-033PR-001).

BILL NO. BL2013-565 (Harrison)
Map & Parcel No./Owner:
81-4-221 Horsepower Realty
Requested by: The Residential 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 IWD to MUG zoning for property located at Vantage Way (unnumbered), approximately 290 feet east of French Landing Way (11.18 acres), all of which is described herein (Proposal No. 2013Z-036PR-001).

BILL NO. BL2013-566 (Bennett)
Planning Commission – Approved with conditions, disapproved without (9-0)
Map & Parcel No./Owner:
61-7-50 US Bank National Assoc.
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 SP for property located at 4601 Gallatin Pike, at the northwest corner of Gallatin Pike and Broadmoor Drive, (0.68 acres), to permit a 3,200 square foot bank and all other uses and standards of the MUL-A district in case of redevelopment of the site, all of which is described herein (Proposal No. 2013SP-031-001).

BILL NO. BL2013-567 (Hunt)

An ordinance to amend Table 17.12.020D and Table 17.24.230 of the Metropolitan Code, pertaining to alternative zoning districts and landscape buffer yard requirements (Proposal No. 2013Z-012TX-001).

BILL NO. BL2013-568 (Allen)

An ordinance to amend Section 17.32.050 of the Metropolitan Zoning Code to prohibit LED message boards and digital display signs within the MUI, MUI-A, ORI, and MHP zoning districts (Proposal No. 2013Z-013TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2013-526 (Steine, Westerholm)
Referred to Budget & Finance
and Personnel Committees

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)
(As Amended)
Referred to Budget & Finance, Personnel
and Health, Hospitals & Social Services Committees

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. BL2013-544 (Steine, Westerholm)
Referred to Budget & Finance
and Personnel Committees

An ordinance amending Title 3 of the Metropolitan Code relative to retiree medical benefits.

BILL NO. BL2013-545 (Steine)
Referred to Budget & Finance Committee

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2013-2014.

BILL NO. BL2013-546 (Steine, Hunt, Langster)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committees

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County and the Christine P. Nall Living Trust for the building located at 339 21st Avenue North, Nashville (Proposal No. 2013M-036PR-001).

BILL NO. BL2013-547 (Dominy, Hunt)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 210 linear feet of an existing eight inch public sewer main and easement and to accept approximately 212 linear feet of an eight inch public sewer main and easement for property located at 4418 Lealand Lane (MWS Project No. 13-SL-55 and Proposal No. 2013M-044ES-001).

BILL NO. BL2013-548 (Dominy, Hunt, S. Davis)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 172 linear feet of an existing 12 inch public sewer main and easement, approximately 190 linear feet of an existing two inch public water main and easement, and to accept approximately 266 linear feet of a 12 inch public sewer main and easement for properties located at 0 and 32 McFerrin Avenue (MWS Project No. 13-SL-80 and 13-WL-84 and Proposal No. 2013M-045ES-001).

BILL NO. BL2013-549 (Dominy, Hunt, Johnson)
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 and temporary easements for the Flintlock Court Stormwater Improvement Project for five properties located at 171 Bell Road, 2404 Ravine Drive, 904 Flintlock Place, 1009 Flintlock Court, and 1025 Flintlock Court (Project No. 14-SWC-018 and Proposal No. 2013M-046ES-001).

- BILLS ON THIRD READING -

BILL NO. BL2013-528 (Claiborne, Steine, Tygard)
Approved by Planning Commission
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 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, A. Davis)
Approved by Planning Commission
Traffic & Parking Commission
Public Works, Traffic & Parking
and Planning & Zoning Committees
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
Traffic & Parking Commission
Public Works, Traffic & Parking
and Planning & Zoning Committees
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
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 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
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 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
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 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)
(As Amended)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

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).

BILL NO. BL2013-535 (Dominy, Hunt, Langster)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

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
Public Works
and Planning & Zoning Committees

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
Public Works
and Planning & Zoning Committees

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).

SUBSTITUTE BILL NO. BL2013-543 (Tygard, S. Davis)
Approved by Budget & Finance
and Parks Committees

An ordinance amending Section 13.24.390 of the Metropolitan Code pertaining to sponsorships on park property, and authorizing the acceptance and deposit of sponsorship funds.

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2013-869 (Johnson, Potts & others)
Referred to Rules Committee

A resolution recognizing October 21 through October 25, 2013, as School Bus Driver Appreciation Week in the City of Nashville.

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