Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, October 15, 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 Education Commission
Reappointment of Mr. Bernard Pickney for a term expiring October 1, 2016.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-870 (Pardue)
Referred to Public Safety Committee

A resolution exempting China Cottage Cafe located at 1795 Gallatin Pike North 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. RS2013-871 (Steine)
Referred to Budget & Finance Committee

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed Two Hundred Million Dollars.

RESOLUTION NO. RS2013-872 (Steine)
Referred to Budget & Finance Committee

Resolution authorizing the execution, terms, issuance, sale and payment of taxable general obligation pension funding bonds in the aggregate principal amount of not to exceed $200,000,000.

RESOLUTION NO. RS2013-873 (Gilmore, Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Government of Nashville and Davidson County to impose an additional fee on the sales price of services and tangible personal property sold at retail within the Downtown Central Business Improvement District.

RESOLUTION NO. RS2013-874 (Steine)
Referred to Budget & Finance Committee

A resolution approving a contract with Microsoft Corporation for software support and maintenance for the Information Technology Services Department.

RESOLUTION NO. RS2013-875 (Steine, Dominy)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for the recycling rebate grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2013-876 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing DTG Tennessee Management, LLC, dba Bettie Page, to construct and install an aerial encroachment at 400 Broadway (Proposal No. 2013M-006EN-001).

RESOLUTION NO. RS2013-877 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of the Gerdau Company against the Metropolitan Government of Nashville and Davidson County for the amount of $45,545.08, and directing that this amount be paid from the Self-Insured Liability Fund.

RESOLUTION NO. RS2013-878 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Juana Villegas against the Metropolitan Government of Nashville and Davidson County for $490,000.00, and that said amount be paid out of the Judgments and Losses Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-570 (Mitchell)

An ordinance amending and restating Title 6, Chapter 6.20, Articles I and IV of the Metropolitan Code requiring electricians doing business within the area of the Metropolitan Government to be licensed, adding provisions regarding apprenticeship programs, and adding penalties and additional grounds for violations.

BILL NO. BL2013-571 (Pardue)

An ordinance amending Title 6, Chapter 80 of the Metropolitan Code of Laws, pertaining to operation licenses for wrecker services, by adding two new sections, 6.80.165 and 6.80.340 to provide for annual renewal of qualified licenses and biennial renewal of driver’s permits.

BILL NO. BL2013-572 (Gilmore, Steine)

An ordinance approving a lease agreement between the Metropolitan Government and Rogers/Welch Venture, Inc. (“RWVI”) relating to parking in the Metropolitan Government’s parking facility located at 151 6th Avenue North (Proposal Number 2013M-040PR-001).

BILL NO. BL2013-573 (Harrison, Dominy, Hunt)
Approved by Planning Commission

An ordinance authorizing the Director of Public Property, or his designee, to accept, execute, and record the attached quitclaim deed from Tennessee Processing Center, LLC to The Metropolitan Government of Nashville and Davidson County for a certain parcel of property located at 2604 Brick Church Pike, the acceptance of which is required for MWS Project No. 11-WC-0024 (Proposal No. 2013M-038PR-001).

BILL NO. BL2013-574 (Weiner, Dominy, Hunt)
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 Birch Bark Drive Stormwater Improvement Project for three properties located at 7128 Birch Bark Drive and 0 Hicks Road (two un-numbered) (Project No. 14-SWC-034 and Proposal No. 2013M-048ES-001).

BILL NO. BL2013-575 (Langster, Dominy, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 160 linear feet of an existing eight inch public sewer main and easement and to accept approximately 373 linear feet of an eight inch public sewer main and easement for properties located at 1726 and 1729 Heiman Street (MWS Project No. 12-SL-73 and Proposal No. 2013M-047ES-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. BL2013-540 (Moore)
Planning Commission – Approved (6-0)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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. BL2013-546 (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. BL2013-550 (Steine, Westerholm)
Referred to Budget & Finance
and Personnel Committees

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)
Referred to Public Safety
and Traffic, Parking & Transportation Committees

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)
Referred to Codes Committee

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
Referred to Budget & Finance
and Planning & Zoning Committees

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
Referred to Budget & Finance
and Planning & Zoning Committees

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
Referred to Budget & Finance
and Planning & Zoning Committees

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
Referred to Budget & Finance
and Planning & Zoning Committees

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)
Referred to Budget & Finance
and Public Safety Committees

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)
Referred to Budget & Finance Committee

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)
Referred to Budget & Finance
and Public Works Committees

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

- BILLS ON THIRD READING -

BILL NO. BL2013-513 (Westerholm, A. Davis, Bennett)
Planning Commission – Approved substitute ordinance (7-0)
Referred to Planning & Zoning Committee
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)
Planning Commission – Approved substitute ordinance (7-0)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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. BL2013-542 (Gilmore, Hunt)
Planning Commission – Approved with conditions, disapproved without (6-0)
Referred to Planning & Zoning Committee
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. BL2013-544 (Steine, Westerholm)
Approved by Budget & Finance
and Personnel Committees

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

BILL NO. BL2013-545 (Steine)
Approved by 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. BL2013-547 (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 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
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
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).

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