Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, December 17, 2013
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PROPOSED RULES AMENDMENT-

Proposed amendment to Rule No. 47 of Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Convention Center Authority
Reappointment of Mr. Marty Dickens for a term expiring December 16, 2017.

- CONSENT AGENDA RESOLUTIONS -
- RESOLUTIONS -

RESOLUTION NO. RS2013-904 (Steine, Pardue)
Approved by 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. RS2013-929 (Gilmore, Steine, Hunt)
Approved by Planning Commission
Referred to Budget & Finance
Federal Grants Review and Planning & Zoning Committees

A resolution approving the First Amendment to the Amended Ground Lease between The Metropolitan Government of Nashville and Davidson County, acting by and through its authorized representative, the Metropolitan Development and Housing Agency ("Metro"), and Nashville Union Station Hotel, LLC, a Delaware limited liability company (the "Lessee")(Proposal No. 2013M-046PR-001).

RESOLUTION NO. RS2013-930 (Steine)
Referred to Budget & Finance Committee

A resolution appropriating to certain accounts for the benefit of the Metropolitan Nashville Public Schools, Metropolitan Nashville Police Department, and the Administrative Department, Four Million, Seven Hundred thirty-six Thousand, Three Hundred Dollars ($4,736,300) from the undesignated fund balance of the Metropolitan Nashville Public Schools General Purpose Fund, undesignated fund balance of the Police Secondary Employment Fund, and the undesignated fund balance of General Fund of the General Services District.

RESOLUTION NO. RS2013-931 (Steine)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $9,031,500.00 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. RS2013-932 (Steine, Pardue, Langster)
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 fund costs related to homeland security preparedness activities associated with implementing the Tennessee State Homeland Security Strategies and National Preparedness Goals.

RESOLUTION NO. RS2013-933 (Steine, Pardue, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for enhanced DUI enforcement patrols to reduce the number of traffic crashes and fatalities that occur as a result of impaired driving.

RESOLUTION NO. RS2013-934 (Steine, Pardue, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, and Tennessee State University for extra-duty police services.

RESOLUTION NO. RS2013-935 (Steine, Pardue)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to fund a Pilot Program to provide direct services to victims from high crime areas of the greater Metropolitan Nashville area and Davidson County.

RESOLUTION NO. RS2013-936 (Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement by and between the Federal Bureau of Investigation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for joint participation in the Child Exploitation Task Force for the purpose of providing investigative responses to crimes against children.

RESOLUTION NO. RS2013-937 (Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement by and between the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for reimbursement of overtime salary costs and other costs with prior ATF approval, including but not limited to travel, fuel, training, and equipment, incurred by the Metropolitan Nashville Police Department in providing resources to assist ATF.

RESOLUTION NO. RS2013-938 (Steine)
Referred to Public Safety Committee

A resolution approving an intergovernmental agreement by and between the City of Berry Hill, acting by and through the Berry Hill Police Department, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, regarding the use of the Tennessee Incident Based Reporting System and allowing the law enforcement agencies to share crime data.

RESOLUTION NO. RS2013-939 (Steine, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

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

RESOLUTION NO. RS2013-940 (Steine, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and The State of Tennessee, Department of Health, to perform QuantiFERON testing for the detection of tuberculosis exposure for employee screening.

RESOLUTION NO. RS2013-941 (Steine, Maynard, Bennett)
Referred to Health, Hospitals & Social Services Committee

A resolution approving a contract 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. RS2013-942 (Bennett, Steine, Dominy)
Referred to Budget & Finance
and Public Works Committee

A resolution approving an application for a 2014 Transportation Enhancement - Hart Lane Pedestrian Safety Improvements grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2013-943 (Hunt, Steine, Dominy)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an intergovernmental agreement by and between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, for Brick Church Pike intersection improvements at Chesapeake Drive under the Highway Safety Improvement Program in Davidson County, PIN 118215.00.

RESOLUTION NO. RS2013-944 (Westerholm)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Martin Corner General Partnership to construct and install an aerial encroachment at 1100 Fatherland Street (Proposal No. 2013M-010EN-001).

RESOLUTION NO. RS2013-945 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Ana Mora-Munoz, Crystain Garcia, and Ruben Garcia-Arriago against the Metropolitan Government of Nashville and Davidson County in the amount of $19,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2013-946 (Barry, Langster)
Referred to Rules Committee

A resolution confirming the appointment of Marty Dickens to the board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-631 (Moore, Allen)
Approved by Planning Commission

An ordinance authorizing Nashville Downtown Partnership to install, construct and maintain two automated bike kiosks of varying lengths containing up to 13 bikes encroaching the public right-of-way of 2315 12th Avenue South for bike kiosks (Proposal No. 2013M-011EN-001).

BILL NO. BL2013-632 (Steine)

An ordinance accepting the donation of three Tennessee Walking Horses, “Buck Pass,” “Magic’s Gold Generator (Cash),” and “Snow Rose (Boo),” to the Metropolitan Government for the use and benefit of the Metropolitan Nashville Police Department.

BILL NO. BL2013-633 (Baker, Pardue )

An ordinance amending Section 7.08.140 of the Metropolitan Code to allow beer sales on Sundays starting at 10:00 a.m.

- BILLS ON SECOND READING -

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. BL2013-603 (Mitchell)
Referred to Codes
and Public Safety Committees

An ordinance to amend Chapters 2.62 and 11.12 of the Metropolitan Code pertaining to the regulation of small outdoor music events on commercial property.

BILL NO. BL2013-604 (Claiborne)
Referred to Codes
and Public Safety Committees

An ordinance to amend Chapter 11.12 of the Metropolitan Code pertaining to the noise from buses parked near hotels and motels within the commercial attraction (CA) zoning district.

BILL NO. BL2013-605 (Steine)
Referred to Budget & Finance
Convention & Tourism, Traffic & Parking
and Public Safety Committees

An ordinance amending Chapter 6.74 of the Metropolitan Code relating to other passenger vehicles for hire.

BILL NO. BL2013-606 (Steine)
Referred to Budget & Finance Committee

An ordinance authorizing the Metropolitan Nashville Arts Commission to accept donations or sponsorships to help cover its costs associated with the Americans for the Arts 2014 Annual Convention; and, appropriating those funds to the Metropolitan Nashville Arts Commission for that purpose.

BILL NO. BL2013-607 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission (8-0)
Referred to Public Works, Traffic & parking
and Planning & Zoning Committees
Requested by: Vanderbilt University

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. 384 and Alley No. 387 right-of-way (Proposal No. 2013M-015AB-001).

BILL NO. BL2013-608 (Harrison, Steine & others)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of certain right-of-way, drainage, and temporary construction easements and property rights on a portion of 25 parcels located along Baptist World Center Drive and Haynes Meade Circle, by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2012-R-5, Baptist World Center Sidewalk Improvements (Proposal No. 2013M-022PR-001).

BILL NO. BL2013-609 (Allen, Steine & others)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of certain right-of-way, drainage, and temporary construction easements and property rights on a portion of 14 parcels located along Chesterfield Avenue and Blair Boulevard, by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2012-R-7, Chesterfield Avenue/Blair Boulevard Sidewalk Improvements (Proposal No. 2013M-021PR-001).

BILL NO. BL2013-610 (Bennett, 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 negotiate and accept permanent and temporary easements for the Saunders Avenue Stormwater Improvement Project for various properties located along Saunders Avenue, Saunders Court, Edwards Avenue, and Virginia Avenue (Project No. 14-SWC-082 and Proposal No. 2013M-052ES-001).

BILL NO. BL2013-611 (Matthews, 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 negotiate and accept permanent and temporary easements for the 4300 Clarksville Pike Stormwater Improvement Project for property located at 4300 Clarksville Pike A(Project No. 14-SWC-079 and Proposal No. 2013M-050ES-001).

BILL NO. BL2013-612 (Moore, 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 350 linear feet of an existing eight inch public sewer main and easement and to accept approximately 334 linear feet of eight inch P.V.C. public sewer and 87 linear feet of eight inch D.I.P. public sewer main and easement for properties located at 1400 14th Avenue South, 1441, 1441B, and 1443 12th Avenue South (MWS Project No. 13-SL-56 and Proposal No. 2013M-053ES-001).

BILL NO. BL2013-613 (Langster, 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 retained easement rights of former alley No. 926 (closed via Council Ordinance O60-119) and former Alley No. 925 (closed via Deed Book 2343, Page 409) for properties located at 407 23rd Avenue North, 2300 Charlotte Avenue and 2400 Charlotte Avenue (Proposal No. 2013M-054ES-001).

BILL NO. BL2013-614 (Allen, 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 100 linear feet of an existing unused public sewer easement for properties located at 2907 A, 2909 A, and 2911 A West Linden Avenue (Proposal No. 2013M-051ES-001).

BILL NO. BL2013-615 (Gilmore, 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 720 linear feet of an existing eight inch public sewer main and 170 feet of easement and to accept approximately 364 linear feet of eight inch P.V.C. public sewer main and 160 feet of new sewer easement and 344 feet of eight inch D.I.P. public sewer main and easement for property located at 541 Spence Lane (MWS Project No. 13-SL-0072 and Proposal No. 2013M-049ES-001).

- BILLS ON THIRD READING -

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. BL2013-585 (A. Davis)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
772-7-131-135; 228-230; 232; 233; 235-238; 273; 290-296; 371 Various property owners
Requested by: Councilman Anthony Davis, 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 CL, MUL, SP, RS10, OR20, CN and R6 to MUN-A and MUL-A zoning for various properties located along Maxey Lane, McGavock Pike, Oxford Street and Riverside Drive, between Oxford Street and Geneiva Drive (5.92 acres), all of which is described herein (Proposal No. 2013Z-034PR-001).

BILL NO. BL2013-586 (Westerholm)
Planning Commission – Approved (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
83-6-295-298; 380-386 Various property owners
83-6-295-298; 001-012 Various property owners
Requested by: Councilman Westerholm, 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 Eastwood Neighborhood Conservation Overlay District to various properties located along Eastland Avenue and Scott Avenue, between Porter Road and Chapel Avenue (2.45 acres), all of which is described herein (Proposal No. 2013NHC-002-001).

BILL NO. BL2013-587 (Baker)
Planning Commission – Approved with conditions, disapproved without (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
91-07-104-107 Allan Satterfield & Ron Griffeth, Jr.
Requested by: Nashville Civil, 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 changing from CS to SP zoning for properties located at 4900, 4902, 4904 and 4906 Tennessee Avenue, at the northwest corner of Tennessee Avenue and 49th Avenue North (0.7 acres), to permit up to nine residential dwelling units, all of which is described herein (Proposal No. 2013SP-027-001).

BILL NO. BL2013-589 (A. Davis)
Planning Commission – Approved with conditions, disapproved without (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
72-15-251, 252 Part of Parcels 270 & 250 Riverside Church of Christ, Ashley Samuel Land Trust, Russell Jenkins
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 R6 to SP zoning for properties located at 1505 and 1507 Porter Road and for a portion of properties located at 1516 and 1528 C Riverside Drive, approximately 200 feet south of Cahal Avenue, (1.89 acres), to permit up to 28 residential dwelling units and up to 6,000 square feet of commercial space, all of which is described herein (Proposal No. 2013SP-030-001).

BILL NO. BL2013-590 (Allen)
Planning Commission – Approved (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 ORI-A zoning district (Proposal No. 2013Z-013TX-002).

BILL NO. BL2013-591 (Steine, Dominy)
(As Amended)
Approved by Budget & Finance
and Public Works Committees

An ordinance amending Chapter 10.20 of the Metropolitan Code.

BILL NO. BL2013-592 (Westerholm)
Approved by Public Safety Committee

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

BILL NO. BL2013-596 (Claiborne, Tygard & others)
Approved by Planning Commission
Budget & Finance, Parks
and Planning & Zoning Committees

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
Budget & Finance, Public Works
and Planning & Zoning Committees

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)
Approved by Budget & Finance
and Public Works Committees

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)
(As Amended)
Approved by Planning Commission
Traffic & Parking Commission (8-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
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
Public Works
and Planning & Zoning Committees

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)
Approved by Rules Committee

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.

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2013-947 (Tygard)
Referred to Budget & Finance Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to allow the Metropolitan Government to charge a ticket tax for events at the new minor league ballpark to be constructed at the Sulphur Dell site.

Requests for ADA accommodation should be directed to Shannon Hall at 615/862-6770.