Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, April 15, 2014
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Board of Equalization
Appointment of Ms. Jackie Daniel for a term expiring April 1, 2016.
Reappointment of Ms. Jean Harrison for a term expiring April 1, 2016.
Reappointment of Mr. Marshall Karr for a term expiring April 1, 2016.
Appointment of Mr. Bob Notestine for a term expiring April 1, 2016.
Appointment of Mr. Derrick Starks for a term expiring April 1, 2016.

Fair Board
Appointment of Mr. Caleb Hemmer for a term expiring April 6, 2019.

Fire and Building Code Appeals Board
Appointment of Ms. Katherine Gathings for a term expiring March 1, 2018.

Nashville Education, Community and Arts Television Corporation (NECAT)
Appointment of Ms. Cary Foust Street for a term expiring February 5, 2017.

Planning Commission
Reappointment of Mr. Greg Adkins for a term expiring March 31, 2018.

Plumbing Examiners and Appeals Board
Appointment of Mr. David Adcox, Jr. for a term expiring March 1, 2018.
Appointment of Mr. Paul McCown for a term expiring February 15, 2015.
Mr. McCown will fill the unexpired term of Mr. Ron Holdaway.

Sports Authority
Appointment of Mr. Marcus A. Currie for a term expiring February 17, 2016.
Mr. Currie will fill the unexpired term of Mr. Alfonzo Alexander.
Appointment of Mr. Bob Obrotha for a term expiring February 19, 2020.

- CONSENT AGENDA RESOLUTIONS –

- RESOLUTIONS -

RESOLUTION NO. RS2014-1049 (Langster, A. Davis)
Referred to Budget & Finance
and Federal Grants Review Committees

A resolution authorizing the Metropolitan Mayor to submit an Annual Update to the 2013-2018 Consolidated Plan for Housing and Community Development to the U.S. Department of Housing and Urban Development.

RESOLUTION NO. RS2014-1050 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the transition to an Alternative Site Framework for Foreign Trade Zone #78.

RESOLUTION NO. RS2014-1051 (Steine)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $9,106,300.00 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. RS2014-1052 (Allen)
Referred to Charter Revision Commission
and Charter Revision Committee

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

RESOLUTION NO. RS2014-1053 (Steine, Hunt)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution accepting a Tennessee Historical Commission Certified Local Government (CLG) Training Grant from the Tennessee Historical Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Historical Commission, to provide continuing education for staff at the National Alliance of Preservation Commissions’ biannual forum.

RESOLUTION NO. RS2014-1054 (Steine, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the provision of Breast and Cervical Cancer Early Detection Program Services.

RESOLUTION NO. RS2014-1055 (Steine, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the U. S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to create a comprehensive strategy to address issues and barriers to responsible fatherhood.

RESOLUTION NO. RS2014-1056 (Steine)
Referred to Budget & Finance
and Personnel Committees

A resolution accepting an incentive 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 use incentive funds for various planned activities that increase the employment, retention, and earnings of participants (LW09P121NCNTV13).

RESOLUTION NO. RS2014-1057 (Steine, Pardue)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Department of Children’s Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for ongoing professional training for Juvenile Court Probation Officers.

RESOLUTION NO. RS2014-1058 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Samuel Carter against the Metropolitan Government of Nashville and Davidson County in the amount of $6,500.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2014-1059 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Novacopy, Inc. against the Metropolitan Government of Nashville and Davidson County in the amount of $18,702.94, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2014-1060 (Barry)
Referred to Rules Committee

A resolution setting the date and time for the State of the Metropolitan Government Address.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2014-742 (Hunt)

An ordinance amending Section 7.08.090 of the Metropolitan Code to exempt beer permit applicants from the minimum distance requirements from residential property if the applicant’s primary residence is connected to the establishment for which a permit is sought.

BILL NO. BL2014-743 (McGuire, A. Davis)

An ordinance amending Section 7.08.100 of the Metropolitan Code to reduce the minimum seating capacity for eating establishments to obtain a retailer on-sale beer permit.

BILL NO. BL2014-744 (Steine, Hunt, A. Davis)

An ordinance approving the form of a license agreement to use Metropolitan Government property for Network Huts by Google Fiber company (Proposal No. 2014M-010PR-001).

BILL NO. BL2014-745 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission (6-0)

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning right-of-way and easements for an unnumbered alley from Lea Avenue to Alley No. 102, between Hermitage Avenue and Rutledge Avenue (Proposal No. 2013M-016AB-001).

BILL NO. BL2014-746 (Steine, Hunt & others)
Approved by Planning Commission

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled Exhibits A-G and described below (Proposal No. 2014M-011PR-001).

BILL NO. BL2014-747 (Hunt, A. Davis)

An ordinance amending Chapters 17.04, 17.08 and 17.16 of the Metropolitan Code to add a definition and conditions of “Communications Hut.” (Proposal No. 2014Z-013TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2014-697 (Blalock)
Referred to Public Safety Committee

An ordinance amending Section 7.08.090 of the Metropolitan Code to exempt existing on-premises beer permit holders from the distance requirements regarding the sale of beer near school property when a new school locates within 100 feet of the existing establishment.

BILL NO. BL2014-726 (Steine, Westerholm)
Referred to Budget & Finance
and Personnel Committees

An ordinance granting the Purchasing Agent and the Metropolitan Employee Benefit Board the authority to extend the current medical plan contracts for up to an additional two years.

BILL NO. BL2014-727 (Westerholm, Barry)
Referred to Personnel
and Rules Committees

An ordinance to amend provisions of Metropolitan Code §2.140 to include the Metro Archivist as a member of the Public Records Commission.

BILL NO. BL2014-728 (Steine)
Referred to Budget & Finance
and Convention & Tourism Committees

An ordinance amending Section 5.12.140 B of the Metropolitan Code to extend the expiration date for the assessment, collection and administration of the additional hotel occupancy privilege tax of fifty cents.

BILL NO. BL2014-729 (S. Davis, Steine & others)
Approved by Planning Commission
Referred to Budget & Finance, Education
and Planning & Zoning Committees

An ordinance approving a Lease Agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of General Services, and KIPP Nashville (Proposal No. 2014M-006PR-001).

BILL NO. BL2014-730 (Hunt, Tygard)
Approved by Planning Commission
Referred to Budget & 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. 2014M-009ES-001).

- BILLS ON THIRD READING -

BILL NO. BL2012-302 (Johnson, Potts)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
134-418 Vastland Nashboro Development, LLC
Requested by: Councilmember Johnson

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 a portion of the Nashboro Village Planned Unit Development Overlay District for a portion of property located at Nashboro Boulevard (unnumbered), at the southwest corner of Nashboro Boulevard and Flintlock Court, zoned R10 (3.46 acres), to permit neighborhood retail uses not to exceed one story, where 27,600 square feet of commercial uses was previously approved, all of which is described herein (Proposal No. 74-79P-009).

BILL NO. BL2014-694 (Gilmore)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
82-9-52-54 Troylus, 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 IR to MUN-A zoning for properties located at 1318, 1322 and 1326 6th Avenue North, at the southeast corner of 6th Avenue North and Taylor Street (0.88 acres), all of which is described herein (Proposal No. 2014Z-005PR-001).

BILL NO. BL2014-696 (Claiborne, Steine)
(As Amended)
Approved by Budget & Finance Committee

An ordinance amending Chapter 5.04 of the Metropolitan Code to require the Director of Finance to submit an annual debt report to the Metropolitan Council.

BILL NO. BL2014-702 (A. Davis)
Planning Commission – Approved with conditions, disapproved without (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
84-1-19 LVH, LLC
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 R10 to SP zoning for property located at 1414 Rosebank Avenue, at the northwest corner of Rosecliff Drive and Rosebank Avenue (3.68 Acres), to permit up to 30 residential dwelling units, all of which is described herein (Proposal No. 2014SP-003-001).

BILL NO. BL2014-703 (Westerholm)
Planning Commission – Approved (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
Various Parcels, Various Owners
Requested by: Councilman Westerholm

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 Benjamin Street, Early Avenue, Fall Street, Franklin Avenue, Granada Avenue, Gentry Avenue, Greenwood Avenue, Manchester Avenue, Matthews Place, North 12th Street, North14th Street, North 16th Street, Petway Avenue, Pontotoc Avenue, Porter Road, Scott Avenue, Setliff Place, Seymour Avenue, Sharpe Avenue, and Sumner Avenue, east of Gallatin Avenue (approximately 120 acres), all of which is described herein (Proposal No. 2014NHC-002-001).

BILL NO. BL2014-704 (Langster, Allen)
Planning Commission – Approved (5-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
92-14-39, 79, 83-85, 95, Part of Parcel 94 Nashcam, LP
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 amending the ONE C1TY Specific Plan district approved for a mixed-use development for properties located at 329, 330, 331, and 336 28th Avenue North, 28th Avenue North (unnumbered) and 3000 Charlotte Avenue, southwest of the intersection of 28th Avenue and Charlotte Avenue (18.73 Acres), to permit temporary improvements, permit additional uses not currently permitted and increase the maximum building height, all of which is described herein (Proposal No. 2011SP-009-003).

BILL NO. BL2014-705 (Holleman)
Planning Commission – Approved with conditions, disapproved without (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
104-1-140.2, 434; 104-1-0-A-001-005 Nashville Ballet
Requested by: Ingram Civil Engineering

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 and RS5 to SP zoning for properties located at 3622, 3622B, 3624, 3626, 3628, and 3632 Redmon Street and at Normandy Circle (unnumbered), approximately 260 feet east of 37th Avenue North (4.72 Acres), to permit a mixture of uses, all of which is described herein (Proposal No. 2014SP-011-001).

BILL NO. BL2014-706 (Todd)
Planning Commission – Approved (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
Various Parcels, Various Owners
Requested by: Councilman Todd

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 R20 and RS20 to RS30 zoning for various properties located along Iroquois Avenue, Iroquois Court, and Sunnybrook Drive, west of Estes Road (approximately 40 acres), all of which is described herein (Proposal No. 2014Z-020PR-001).

BILL NO. BL2014-707 (Gilmore)
Planning Commission – Approved with conditions, disapproved without (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
92-5-73 Aerial Investment Properties, LLC
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 R6 to SP zoning for property located at 1706 4th Avenue North, approximately 175 feet north of Hume Street (0.40 Acres), to permit up to six detached residential dwelling units, all of which is described herein (Proposal No. 2014SP-012-001).

BILL NO. BL2014-708 (A. Davis)
Planning Commission – Approved (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
72-7-89 Cumberland Property Investments, 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 RS7.5 to RS3.75 zoning for property located at Love Joy Court (unnumbered), approximately 200 feet north of Kenmore Place (0.68 acres), all of which is described herein (Proposal No. 2014Z-012PR-001).

BILL NO. BL2014-709 (Baker)
Planning Commission – Approved with conditions, disapproved without (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
91-11-268, 269, 328 Kenneth & Brian Petty
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 CS, R6 and RM40 to SP zoning for properties located at 5000 and 5002 Delaware Avenue and 604 51st Avenue North, at the northeast corner of 51st Avenue North and Delaware Avenue (1.17 Acres), to permit the expansion of an existing contractor supply sales/construction rental facility and office and retail uses, all of which is described herein (Proposal No. 2014SP-008-001).

BILL NO. BL2014-710 (Harmon)
Planning Commission – Approved with conditions, disapproved without (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
146-4-140; 146-8-16 Crieve Hall Church of Christ Trustees
Requested by: Ingram Civil Engineering

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 and RS10 to SP zoning for properties located at 4806 Trousdale Drive and 410 Blackman Road, approximately 1,460 feet south of Harding Place (13.3 acres), to permit a day care from 75 to 99 persons and an existing religious institution, all of which is described herein (Proposal No. 2014SP-010-001).

BILL NO. BL2014-711 (Gilmore)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
92-16-168 Midtown Properties

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 CF to MUI-A zoning for property located at 1812 Broadway, approximately 130 feet east of 19th Avenue South (0.4 acres), all of which is described herein (Proposal No. 2014Z-009PR-001).

BILL NO. BL2014-712 (Tenpenny)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
133-6 Part of Parcels 40, 278 Seagate Investment Inc
Requested by: Lowen & 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 RS7.5 to MUL zoning for a portion of two properties located at 319 Harrison Street and Harrison Street (unnumbered), approximately 150 feet east of Nolensville Pike (0.13 acres), all of which is described herein (Proposal No. 2013Z-048PR-001).

BILL NO. BL2014-713 (S. Davis)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
Various Parcels, Various Owners
Requested by: Councilman S. Davis

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 RS5 to RM15-A zoning for various properties located along the south side of E. Trinity Lane, between Jones Avenue and Lischey Avenue (4.18 acres), all of which is described herein (Proposal No. 2014Z-004PR-001).

BILL NO. BL2014-714 (Hunt, Westerholm, Allen)
Planning Commission – Approved with amendment (6-0)
Referred to Planning & Zoning Committee

An ordinance amending 17.20 of the Metropolitan Code pertaining to providing bicycle parking (Proposal No. 2014Z-008TX-001).

BILL NO. BL2014-715 (Blalock)
Planning Commission – Disapproved (6-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapter 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the zoning application fees and public hearing notice costs for amendments to the official zoning map initiated by a member or members of the Metropolitan Council (Proposal No. 2014Z-005TX-001).

BILL NO. BL2014-716 (Gilmore, Steine, Hunt)
Approved by Planning Commission
Budget & Finance
and Planning & Zoning Committees

An ordinance authorizing the Director of Public Property, or his designee, to accept and record the attached quitclaim deed from the Metropolitan Transit Authority conveying to The Metropolitan Government any remaining interest it may still have in a certain parcel of property located within the old Thermal Transfer property site (Proposal No. 2014M-008PR-001).

BILL NO. BL2014-717 (Steine)
Approved by Budget & Finance Committee

An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Arts Commission, and the Country Music Foundation, Inc. to use The Country Music Hall of Fame and Museum for an event during the Americans for the Arts 2014 Annual Convention; and, authorizing the execution of the same.

BILL NO. BL2014-718 (Steine, Langster)
Approved by Budget & Finance Committee

An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Arts Commission, and the Frist Center for the Visual Arts to use the Frist Center for an event during the Americans for the Arts 2014 Annual Convention; and, authorizing the execution of the same.

BILL NO. BL2014-719 (Mitchell, 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 easements for the Pasquo Road Stormwater Improvement Project for three properties located at 441 Union Bridge Road, 5954 Pasquo Road, and Pasquo Road (Unnumbered), (Project No. 14-SWC-109 and Proposal No. 2014M-007ES-001).

BILL NO. BL2014-720 (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 250 linear feet of eight inch public sanitary sewer main, approximately 450 linear feet of 10 inch public water main, and any easement rights that may be associated with the abandonment of the former right-of-way of Nance Avenue for property located at 115 Middleton Street (Proposal No. 2014M-008ES-001).

BILL NO. BL2014-721 (Holleman, 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 retained easement rights in former Alley #1200 (closed via Council Ordinance O64-380) for properties located at 4507, 4509, and 4511 Alabama Avenue and at 4506 and 4508 Charlotte Avenue (Proposal No. 2014M-006ES-001).

BILL NO. BL2014-722 (Bennett, 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 Lemont Drive Stormwater Improvement Project for three properties located at 315 Broadmoor Drive, and at 513 and 517 Lemont Drive (Project No. 14-SWC-132 and Proposal No. 2014M-011ES-001).

BILL NO. BL2014-723 (Moore, 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 the public sewer main easement (public main no longer in service) as of record in Book 1854, Page 200, for property located at 930 8th Avenue South (Proposal No. 2014M-004ES-001).

BILL NO. BL2014-724 (Tenpenny, 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 East Thompson Lane Stormwater Improvement Project for five properties located at 325, 327, and 329 East Thompson Lane, and at 318 and 320 Wimpole Lane, (Project No. 14-SWC-143) and Proposal No. 2014M-012ES-001).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2014-1061 (Todd, Evans)
Referred to Rules Committee

A resolution declaring May 1, 2014, as Ann Teaff Day in the City of Nashville.

RESOLUTION NO. RS2014-1062 (Bedne, Claiborne & others)
Referred to Rules Committee

A resolution supporting the efforts of the Tennessee General Assembly to honor our fallen heroes and their families by naming State Route 1 “The Gold Star Families Memorial Highway”.

RESOLUTION NO. RS2014-1063 (Dominy, Claiborne & others)
Referred to Rules Committee

A resolution recognizing May 1, 2014, as National Day of Prayer.

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.