Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, November 19, 2013
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Alarm Appeals Board
Reappointment of Mr. Randy Hendricks for a term expiring November 5, 2015.

Auditorium Commission
Appointment of Mr. Blake McDaniel for a term expiring June 30, 2015.

Convention Center Authority
Reappointment of Mr. Marty Dickens for a term expiring September 30, 2016.

Employee Benefit Board Study & Formulating Committee
Appointment of Mr. Glen Farner.
Appointment of Ms. Lucia Folk.
Appointment of Ms. Debra Grimes.
Appointment of Ms. Ivanetta Davis Samuels.
Appointment of Mr. Michael D. Shmerling.

Fair Board
Appointment of Ms. Jessica Patrick for a term expiring April 6, 2016.
Ms. Patrick will fill the unexpired term of Ms. Gayle Ray.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-903 (Allen)
Referred to Public Safety Committee

A resolution exempting Frothy Monkey located at 2509 12th Avenue South 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. RS2013-904 (Steine, Pardue)
Referred to Budget & Finance Committee

A resolution to provide compensation for special judges presiding in Davidson County General Sessions Court.

RESOLUTION NO. RS2013-905 (Steine)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Department of State, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Election Commission, for the purchase of a computer, printer, and software.

RESOLUTION NO. RS2013-906 (Steine, Pardue)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to subsidize the Emergency Management Program.

RESOLUTION NO. RS2013-907 (Steine, Tygard)
Referred to Budget & Finance
and Parks & Library Committees

A resolution accepting a grant from the State of Tennessee, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to purchase computers for use by library patrons and staff.

RESOLUTION NO. RS2013-908 (Maynard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Mars Petcare US, Inc. to provide food for animals in Metro Animal Care and Control and to promote adoption efforts for those animals.

RESOLUTION NO. RS2013-909 (Steine, Maynard, Allen)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Two to a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University, by and through its Medical Center POD, to provide licensed medical employees and other licensed medical professionals specified by the Worksite POD with mass prophylaxis for distribution in the event of a public health emergency.

RESOLUTION NO. RS2013-910 (Maynard, Allen)
Referred to Health, Hospitals & Social Services Committee

A resolution approving an agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to provide Vanderbilt residents and clinical fellows experience and training in the Tuberculosis Elimination Program.

RESOLUTION NO. RS2013-911 (Maynard)
Referred to Health, Hospitals & Social Services Committee

A resolution approving Amendment One to a clinical affiliation agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Meharry Medical College to provide a wide range of clinical experience opportunities to appropriate students.

RESOLUTION NO. RS2013-912 (Steine)
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 (LW09F141DSLWK14).

RESOLUTION NO. RS2013-913 (Steine)
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 (LW09F141ADULT14).

RESOLUTION NO. RS2013-914 (Harrison, Steine, Dominy)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Departments of Water and Sewerage Services and Public Works, to participate in a project with the Electric Power Board of the Metropolitan Government of Nashville and Davidson County for repair of approximately 500 feet of eroded pond bank along Great Circle Road in Nashville for the protection of the roadway and utilities within the public right-of-way.

RESOLUTION NO. RS2013-915 (Gilmore, Steine, Hunt)
Referred to Rules Committee

A resolution setting a public hearing for a proposed amendment to the Phillips Jackson Street Redevelopment Plan.

RESOLUTION NO. RS2013-918 (Tygard)
Referred to Budget & Finance Committee

A resolution appropriating Ten Million Dollars ($10,000,000) from the undesignated fund balance of the General Fund of the General Services District to the Metropolitan Government Pension Fund for the purpose of reducing the Metropolitan Government’s unfunded pension liability.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-591 (Steine, Dominy)

An ordinance amending Chapter 10.20 of the Metropolitan Code.

BILL NO. BL2013-592 (Westerholm)

An ordinance amending Section 7.08.140 of the Metropolitan Code to allow weekend beer deliveries for special events.

BILL NO. BL2013-593 (Steine, Gilmore, Garrett)

An ordinance approving the issuance of one or more series of Public Improvement Revenue Bonds (Ballpark Project) by The Sports Authority of The Metropolitan Government of Nashville and Davidson County; authorizing the Metropolitan Government's execution and delivery of a trust indenture relating to said bonds; authorizing the Metropolitan Government's execution and delivery of an intergovernmental agreement relating to said bonds and development of the ballpark; authorizing the pledge of certain of the Metropolitan Government's revenues as security for the bonds; and authorizing an official statement to be distributed in connection with the sale of the bonds.

BILL NO. BL2013-594 (Gilmore, Steine & others)

An ordinance approving agreements for the acquisition and disposition of real property relating to the construction of a minor league baseball stadium and acquisition of a parcel of property comprising a portion of the campus of the former Tennessee Preparatory School. (Proposal No. 2013M-043PR-001).

BILL NO. BL2013-595 (Gilmore)

An ordinance approving Amendment No. 5 to the Phillips-Jackson Street Redevelopment Plan.

BILL NO. BL2013-596 (Claiborne, Tygard & others)
Approved by Planning Commission

An ordinance authorizing the Director of Public Property, or his designee, to accept, execute and record a deed from Wilson Bank and Trust to The Metropolitan Government of Nashville and Davidson County for certain parcel of property (known as Map 062-01 Parcel 17), for use as part of the Cumberland River Greenway system (Proposal No.2013M-042PR-001).

BILL NO. BL2013-597 (Gilmore, Steine & others)
Approved by Planning Commission

An ordinance authorizing the acquisition of certain right-of-way, slope, and temporary construction easements and property rights on a portion of 32 parcels located between 4th Avenue South and 8th Avenue South, by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2013-R-12A, Division Street Extension Phase 1 Right-of-Way Acquisition (Proposal No. 2013M-041PR-001).

BILL NO. BL2013-598 (Langster, Steine, Dominy)

An ordinance approving and accepting a contribution in the amount of $60,000 from The RESIDENTIAL GROUP via WEV, LLC for signal improvements at the intersection of 31st Avenue North and Long Boulevard.

BILL NO. BL2013-599 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission (8-0)
Requested by: Barge, Waggoner, Sumner & Cannon

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. 114 right-of-way and easement (Proposal No. 2013M-013AB-001).

BILL NO. BL2013-600 (Dominy, Hunt)
Approved by Planning Commission

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County and the Geographic Information Systems Street and Alley Centerline Layer, (Proposal Number 2013M-003OT-001).

BILL NO. BL2013-601 (Barry)

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before July 2, 2013.

BILL NO. BL2013-602 (Todd)
Map & Parcel No./Owner:
130-4; 130-8 Various Parcels, Various Owners
Requested by: Councilman Todd

An ordinance to amend Title 17 of the Metropolitan Code, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to RS30 zoning various properties located on Esteswood Drive, north of Trimble Road and west of Estes Road (19.6 acres), all of which is described herein (Proposal No. 2013Z-050PR-001).

- BILLS ON SECOND READING -

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. BL2013-576 (Steine)
Referred to Budget & Finance Committee

An ordinance authorizing Metropolitan Government departments, agencies, boards, and commissions to submit applications for grants that do not require a local cash match without Council consideration of the application.

BILL NO. BL2013-577 (Jernigan, Holleman)
Referred to Budget & Finance
and Parks Committees

An ordinance amending Section 2.24.240 of the Metropolitan Code to require a certified appraisal for the acquisition of certain property to be maintained as open space or used for recreational purposes.

BILL NO. BL2013-578 (Tygard)
Referred to Budget & Finance Committee

An ordinance amending Section 5.04.070 of the Metropolitan Code pertaining to the audit requirement for nonprofit organizations receiving grants from the Metropolitan Government.

BILL NO. BL2013-579 (Steine, Pardue)
Referred to Budget & Finance
and Public Safety Committees

An ordinance to amend provisions of Metropolitan Code §5.32 relating to the County Clerk’s issuance of a decal as proof of payment of the local motor vehicle regulatory license fee.

BILL NO. BL2013-580 (Tygard)
Referred to Public Works Committee

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to the mailing of stormwater fee bills showing a zero balance or a credit.

BILL NO. BL2013-581 (Steine, Dominy & others)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committee

An ordinance authorizing the granting of permanent easements to Piedmont Natural Gas Co. on certain property owned by the Metropolitan Government (Tax Map 070-01-0 Parcel 060.00 and Tax Map 070-00-0 Parcel 037.00) (Proposal No. 2013M-043ES-001).

BILL NO. BL2013-582 (Langster, Steine & others)
Referred to Budget & Finance and Public Works Committee

An ordinance authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services (“METRO”), to participate with 2400 TNWESTEND Avenue, LLC (“TNWESTEND”), to provide public water service improvements for both TNWESTEND’s proposed development, as well as other existing properties in the area (Project No. 13-WL-0110).

BILL NO. BL2013-583 (Moore)
Approved by Planning Commission
Referred to Public Works and Planning & Zoning Committee

An ordinance authorizing Nashville Billiard Company, which is located at 927 8th Avenue South, to install, construct and maintain underground and aerial encroachments in the right-of-way of Archer Street (Proposal No. 2013M-007EN-001).

BILL NO. BL2013-584 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission (8-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committee
Requested by: Civil Site 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. 515 right-of-way (Proposal No. 2013M-014AB-001).

- BILLS ON THIRD READING -

BILL NO. BL2013-560 (Allen)
Planning Commission – Approved with conditions, disapproved without (7-0)
Referred to Planning & Zoning Committee
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, Todd)
Planning Commission – Approved with conditions, disapproved without (9-1)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Planning Commission – Approved (7-0)
Referred to Planning & Zoning Committee
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)
Planning Commission – Approved (7-0)
Referred to Planning & Zoning Committee
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)
Referred to Planning & Zoning Committee
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)
Planning Commission – Approved (7-0)
Referred to Planning & Zoning Committee

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)
Planning Commission – Approved with companion ordinance (9-0)
Referred to Planning & Zoning Committee

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).

BILL NO. BL2013-570 (Mitchell, Banks & others)
(As Amended)
Approved by Budget & Finance
and Codes Committees

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)
(As Amended)
Approved by Budget & Finance
and Traffic, Parking & Transportation Committees

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)
(As Amended)
Approved by Planning Commission
Budget & Finance
and Planning & Zoning Committees

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
Public Works
and Planning & Zoning Committees

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
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 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
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 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).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2013-916 (Steine)
Referred to Rules Committee

A resolution recognizing BURNT’s 25th Anniversary.

RESOLUTION NO. RS2013-917 (Steine)
Referred to Rules Committee

A resolution recognizing local Davidson County small businesses and merchants and proclaiming Saturday, November 30, 2013, as Small Business Saturday.

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