Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, August 19, 2014
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

President Pro Tempore
Election of Council President Pro Tempore for a one-year term ending August 31, 2015.

Agricultural Extension Board
Reappointment of Ms. Mauna Crabtree for a term expiring August 1, 2017.
Reappointment of Ms. Mary Hurt for a term expiring August 1, 2017.
Reappointment of Dr. Thelma Sanders-Hunter for a term expiring August 1, 2017.

Farmers Market Board
Appointment of Mr. Brian Copeland for a term expiring May 5, 2019.

Social Services Commission
Appointment of Ms. Nikita Jones for a term expiring July 20, 2019.

Tourism and Convention Commission
Appointment of Ms. Dawn Southworth for a term expiring June 30, 2017.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2014-1192 (Gilmore)
Referred to Public Safety Committee

A resolution exempting Union Common located at 1929 Broadway 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. RS2014-1109 (Hunt)
Planning Commission – Approved (7-0)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution to establish a new application fee for a contextual overlay (Proposal No. 2014Z-017TX-001).

RESOLUTION NO. RS2014-1156 (Pardue)
Approved by Public Safety Committee

A resolution exempting Venue 109 located at 109 Cude Lane from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

RESOLUTION NO. RS2014-1193 (Steine, Langster)
Referred to Budget & Finance
and Federal Grants Review Committees

A resolution approving and authorizing the Metropolitan Mayor to submit Amendment Four to the Action Plan for Disaster Recovery for the use of Community Development Block Grant Disaster Recovery funds to assist with recovery needs resulting from the May 2010 floods.

RESOLUTION NO. RS2014-1194 (Steine, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting the donation of a Tennessee Walking Horse, “Pushing Cash for Dollar (Cash)” to the Metropolitan Government for the use and benefit of the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2014-1195 (Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines at congregate meal sites, meal delivery services, and transportation to eligible seniors and handicapped residents.

RESOLUTION NO. RS2014-1196 (Steine)
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, to provide bioterrorism emergency preparedness services to the citizens of Davidson County.

RESOLUTION NO. RS2014-1197 (Steine)
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, to provide care coordination services for the Children’s Special Services program, including pediatric and developmental assessment.

RESOLUTION NO. RS2014-1198 (Steine, Allen)
Referred to Health, Hospitals & Social Services Committee

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 Belmont University to provide a Worksite POD for licensed medical employees and other licensed medical professionals specified by Belmont University with mass prophylaxis for distribution in the event of a public health emergency.

RESOLUTION NO. RS2014-1199 (Steine, Langster)
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 (LW09P141DSLWK15).

RESOLUTION NO. RS2014-1200 (Steine, Langster)
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 (LW09P141ADULT15).

RESOLUTION NO. RS2014-1201 (Steine, Tygard, Hunt)
Referred to Budget & Finance
and Parks & Library Committees

A resolution approving an application for the Library Services and Technology Act (LSTA) 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 provide a well-trained library staff to assist customers in accessing technology.

RESOLUTION NO. RS2014-1202 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Acme Nashville, LLC, to construct and install an aerial encroachment at 101 Broadway (Proposal No. 2014M-006EN-001).

RESOLUTION NO. RS2014-1203 (Langster)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing I & G Elliston, Inc., to construct and install an aerial encroachment at 2110 Elliston Place (Proposal No. 2014M-007EN-001).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2014-860 (Maynard, Matthews)

An ordinance amending Section 13.08.015 of the Metropolitan Code pertaining to the naming of streets, and amending the Geographic Information Systems Street and Alley Centerline Layer for The Metropolitan Government of Nashville and Davidson County by renaming a portion of 28th Avenue North and 31st Avenue North as “Ed Temple Boulevard” (Proposal No. 2014M-004SR-001).

BILL NO. BL2014-861 (Hunt, Dominy)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to acquire permanent easements, temporary construction easements, or fee simple, through negotiations or condemnation for the Brick Church Pike Pipe Improvement Project and to upgrade and reconnect gravity pipes and realign the existing public sewer mains and associated easements for various properties located along Bellshire Terrace Drive, Brick Church Lane, Brick Church Pike, Briley Park Boulevard South, Briley Park Boulevard North, Dickerson Pike, Northbrook Drive, Mulberry Way, and Westchester Drive (Project No. 11-SC-0144, OAP and Proposal No. 2014M-034ES-001).

BILL NO. BL2014-862 (Pridemore, Steine, Dominy)
Approved by Planning Commission

An ordinance authorizing the acquisition of certain right-of-way easements, drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2012-R-11, North Dupont Avenue sidewalk on the south side from Delaware Avenue to a point 465 feet east of Kingston Drive (Proposal No. 2014M-016PR-001).

BILL NO. BL2014-863 (Claiborne, Steine & others)
Approved by Planning Commission

An ordinance authorizing the acquisition of certain right-of-way easements, drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2013-R-4, Lebanon Pike sidewalk on the north side from Fairway Drive to McGavock Pike (Proposal No. 2014M-018PR-001).

BILL NO. BL2014-864 (Steine, Dominy & Hunt)
Approved by Planning Commission

An ordinance authorizing the acquisition of certain drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2013-R-10, Lischey Avenue sidewalk on the east side from Douglas Avenue to a point 744 feet north (Proposal No. 2014M-019PR-001).

BILL NO. BL2014-865 (Harmon, Steine & others)
Approved by Planning Commission

An ordinance authorizing the acquisition of certain drainage easements, temporary construction easements, and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2014-R-2, Elysian Fields Road sidewalk on the north side from Coventry Court to Nolensville Pike (Proposal No. 2014M-017PR-001).

BILL NO. BL2014-866 (Harmon, 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 Barrywood Drive Stormwater Improvement Project for property located at 5037 Timberhill Drive (Project No. 14-SWC-212 and Proposal No. 2014M-037ES-001).

BILL NO. BL2014-867 (A. Davis, Dominy, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept a permanent easement for the Neldia Court Stormwater Improvement Project for property located at 2617 Neldia Court (Project No. 14-SWC-118 and Proposal No. 2014M-036ES-001.

BILL NO. BL2014-868 (Baker, Dominy, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon retained easement rights in a portion of former right-of-way of 53rd Avenue North (closed via Council Ordinance O75-1262) for a property located at 5300 Indiana Avenue (Proposal No. 2014M-035ES-001).

BILL NO. BL2014-869 (Duvall, Dominy, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon an existing sewer pump station and easement and to accept approximately 216 linear feet of eight inch public sewer main for property located at 6019 Mt. View Road (MWS Project No. 11-SG-0063 and Proposal No. 2014M-032ES-001).

BILL NO. BL2014-870 (Duvall, Steine, Dominy)

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 enter into an agreement with Normandy II General Partners, hereinafter known as “NORMANDY II GP”, to fund a portion of the operation and maintenance of a public pressure sewer extension for its development at Fawn Crossing.

- BILLS ON SECOND READING -

BILL NO. BL2014-841 (Bennett, S. Davis & others)
(As Amended)
Approved by Health, Hospitals & Social Services Committee

An ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to the minimum size of outdoor animal enclosures.

BILL NO. BL2014-846 (Tygard)
Referred to Budget & Finance
and Parks Committees

An ordinance amending Chapter 2.224 of the Metropolitan Code pertaining to the administration of the Community Garden Grant Program.

BILL NO. BL2014-847 (Garrett)
Referred to Rules Committee

An ordinance amending Chapter 4.12 of the Metropolitan Code to require contracts for government relations and lobbying services to include a requirement that reports be submitted to the Metropolitan Council regarding lobbying efforts and activities on behalf of the Metropolitan Government.

BILL NO. BL2014-848 (Steine, Langster)
Referred to Budget & Finance Committee

An ordinance authorizing the Health and Educational Facilities Board of the Metropolitan Government of Nashville and Davidson County, Tennessee to negotiate and execute an agreement for payments in lieu of ad valorem taxes with HCA Realty, Inc.

BILL NO. BL2014-849 (Barry)
Referred to Rules Committee

An ordinance naming the Victim Resource Center in the Ben West Building in honor of Jean Crowe.

BILL NO. BL2014-850 (Harrison)
Approved by Planning Commission
Referred to ECD, Public Works
Traffic, Parking & Transportation
and Planning & Zoning Committee

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County, by changing the name of Trinity Hills Parkway, at the terminus of Vista Lane, to “Woodland Star Way” (Proposal No. 2014M-003SR-001).

BILL NO. BL2014-851 (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 500 linear feet of 30 inch combination sewer main (Project# 14-SL-68) and 720 linear feet of six inch water main (Project# 14-WL-23) along 4th Avenue North and to abandon approximately 390 linear feet of six inch water main along Jackson Court for various properties located between Harrison and Jackson Streets (MWS Project Nos. 14-SL-68 and 14-WL-23 and Proposal No. 2014M-038ES-001).

BILL NO. BL2014-852 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic, Parking & Transportation
and Planning & Zoning Committees

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of 4th Avenue North right-of-way and easement (Proposal No. 2014M-009AB-001).

- BILLS ON THIRD READING -

BILL NO. BL2014-770 (Hunt, S. Davis & others)
Planning Commission – Approved (7-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapters 17.04, 17.12 and 17.16 of the Metropolitan Code pertaining to two-family dwellings (Proposal No. 2014Z-009TX-001).

BILL NO. BL2014-771 (Hunt, Allen & others)
Planning Commission – Approved (7-0)
Approved by Planning & Zoning Committee

An ordinance amending 17.36 and 17.40 of the Metropolitan Code pertaining to creating a contextual overlay district (Proposal No. 2014Z-010TX-001).

SUBSITUTE BILL NO. BL2014-776 (Gilmore)
Re-referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to create the Music City Cultural Heritage Overlay District, and to apply such Overlay District to approximately 16.06acres of property located on Broadway, Second Avenue North, and Printer’s Alley, all of which is more particularly described herein (Proposal No. 2014Z-016TX-001).

BILL NO. BL2014-808 (Langster)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
92-7-166, 301, 302 DY Properties II, 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 OR20, RM20 and OR20-A to MUL-A zoning for properties located at 813 and 816 B 19th Avenue North and at 19th Avenue North (unnumbered), at the intersection of Herman Street and 19th Avenue North (0.38 acres), all of which is described herein (Proposal No. 2014Z-034PR-001).

BILL NO. BL2014-821 (Harrison)
Planning Commission – Approved with conditions, disapproved without (8-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
60-2-264; 60-6-3 Trailer Rental Company, LLC & Dale Broadrick
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 CS to SP zoning for properties located at 3029 and 3035 Brick Church Pike , approximately 300 feet south of Ewing Drive (2.66 acres), to permit heavy equipment sales and service, all of which is described herein (Proposal No. 2014SP-030-001).

BILL NO. BL2014-824 (Garrett, Matthews)
Approved by Budget & Finance
and Public Works Committees

An ordinance providing the honorary designation of “Keaton’s Cut Place” for a portion of Old Clarksville Pike.

BILL NO. BL2014-826 (Westerholm)
Approved by Planning Commission
Traffic & Parking Commission
Public Works, Traffic, Parking & Transportation
and Planning & Zoning Committees

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of right-of-way for Alley No. 1999 (Proposal No. 2014M-008AB-001).

BILL NO. BL2014-832 (Moore)
Planning Commission – Approved (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
105-3-76 Robert Wagner

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 OR20 to MUN-A zoning for property located at 1128 3rd Avenue South, at the northeast corner of 3rd Avenue South and Chestnut Street (0.1 acres), all of which is described herein (Proposal No. 2014Z-040PR-001).

BILL NO. BL2014-834 (Weiner, Tygard)
Planning Commission – Approved with conditions, disapproved without (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
114-148 Akm & Abu Fakhruddin
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 R15 to SP zoning for property located at 7347 Charlotte Pike, approximately 395 feet east of Old Hickory Boulevard, (1.74 acres), to permit an office and retail development, all of which is described herein (Proposal No. 2014SP-035-001).

BILL NO. BL2014-836 (Harrison)
Planning Commission – Approved with conditions, disapproved without (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
60-1 James T. McLean & William Wallis
Requested by: Gerald G. Bucy

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 SP zoning for property located at Ewing Drive (unnumbered), at the northwest corner of Ewing Drive and Gwynnwood Drive and partially located within the Floodplain Overlay District, (3.74 acres), to permit up to 28 residential units, all of which is described herein (Proposal No. 2014SP-032-001).

BILL NO. BL2014-837 (Westerholm)
Planning Commission – Approved with conditions, disapproved without (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
83-7-90 Venita Axley Teague
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 zoning for property located at 942 Riverside Drive, approximately 170 feet south of Rosebank Avenue, (0.59 acres), to permit up to 11 dwelling units, all of which is described herein (Proposal No. 2014SP-034-001).

BILL NO. BL2014-838 (Gilmore)
Planning Commission – Approved (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
93-6-2-97, 98, 99; 93-6-4-41, 42, 43, 45, 46, 47, 49, 50, 56, 57 Various Owners
Requested by: Metro Historical Commission & 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 Broadway Historic Preservation Overlay District to various properties located along Broadway, 2nd Avenue South, and 3rd Avenue South, at the corner of Broadway and 2nd Avenue South (approximately 1.16 acres), all of which is described herein (Proposal No. 2014HP-001-001).

BILL NO. BL2014-839 (Gilmore)
Planning Commission – Approved (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
93-6-2-97, 98, 99; 93-6-4-41, 42, 43, 45, 46, 47, 49, 50, 56, 57 Various Owners
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 SP to DTC zoning for properties located at 201, 203, 205, 207, 209, 215, 217 and 221 Broadway and 109, 113 and 119 2nd Avenue South and at 110 and 116 3rd Avenue South, between 2nd and 3rd Avenues South (1.16 acres), all of which is described herein (Proposal No. 2014Z-043PR-001).

BILL NO. BL2014-840 (Dowell)
(As Amended)
Approved by Public Safety Committee

An ordinance amending Chapter 7.08 of the Metropolitan Code to prohibit beer permits from being issued for establishments located within a shopping mall containing a community center and/or public library.

BILL NO. BL2014-842 (Baker, 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 a portion of the former right-of-way of 50th Avenue North (closed via Council Ordinance O74-1115) for property located at 4915 Illinois Avenue (Proposal No.2014M-030ES-001).

BILL NO. BL2014-843 (Harmon, 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 200 linear feet of existing eight inch public sewer main and to accept approximately 1600 linear feet of eight inch public sewer main for property located at 440 Hogan Road (MWS Project No. 14-SG-0015 and Proposal No. 2014M-031ES-001).

BILL NO. BL2014-844 (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 525 linear feet of existing eight inch public water main, 375 linear feet of eight inch public water main and the associated easement, and to accept approximately 1,263 linear feet of 10 inch D.I.P. water main, 355 linear feet of eight inch D.I.P. water main with seven fire hydrant assemblies, and 1,438 linear feet of eight inch sewer main and easements for various properties located south of Charlotte Avenue (MWS Project Nos. 13-WL-64 and 13-SL-61 and Proposal No. 2014M-033ES-001).

BILL NO. BL2014-845 (Duvall, Steine, Dominy)
Approved by Budget & Finance
and Public Works Committees

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 enter into an agreement with Ole South/Craighead, hereinafter known as (“OLE SOUTH”), to fund a portion of the additional operation and maintenance of a public pressure sewer extension for its development at Harvest Grove Phase 2 (Project No. 06-SL-83).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2014-1186 (Tygard, Dominy, Duvall)
Referred to Rules Committee

A resolution recognizing Mr. Ken Jakes for his service to our community.

RESOLUTION NO. RS2014-1204 (Maynard)
Referred to Health, Hospitals & Social Services Committee

A resolution recognizing September as National Infant Mortality Awareness Month and declaring September 9, 2014 as Safe Sleep Awareness Day in Davidson County.

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