Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, January 20, 2015
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Metropolitan Arts Commission
Reappointment of Dr. Ruth Ross Edmonds for a term expiring January 1, 2019.
Appointment of Mr. Clay Haynes for a term expiring January 1, 2019.

Work Release Commission (Nominees of Sheriff Daron Hall)
Reappointment of Mr. Patrick Curran III for a term expiring January 1, 2019.
Reappointment of Ms. Loren Gaiters for a term expiring January 1, 2019.

- CONSENT AGENDA RESOLUTIONS –

- RESOLUTIONS -

RESOLUTION NO. RS2015-1348 (Pridemore)
Referred to Budget & Finance Committee

A resolution approving an application for a Major Cultural Institution grant from the Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Arts Commission.

RESOLUTION NO. RS2015-1349 (Pridemore)
Referred to Budget & Finance Committee

A resolution accepting a donation of funds from the Cities of Service to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2015-1350 (Pridemore, Langster)
Referred to Budget & Finance Committee

A resolution appropriating funds from the Fund for Cities of Service, Inc. to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office pursuant to a memorandum of understanding, to fund the implementation of Storm Busters utilizing volunteers to plant trees and rain gardens in areas across Nashville that have a high propensity for flooding.

RESOLUTION NO. RS2015-1351 (Pridemore)
Referred to Budget & Finance Committee

A resolution approving Amendment Six to a grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Finance, to provide public assistance pursuant to Presidential Disaster Declaration number FEMA-1909-DR-TN to complete repairs and/or replacement to facilities damaged during April and May 2010.

RESOLUTION NO. RS2015-1352 (Pridemore, Baker)
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. RS2015-1353 (Pridemore, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the Hazardous Materials Emergency Preparedness (HMEP) Grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2015-1354 (Gilmore)
Referred to Health, Hospitals & Social Services Committee

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Excellence Early Childhood Academy to perform activities related to the Project Diabetes Golden Sneaker Initiative Program.

RESOLUTION NO. RS2015-1355 (Pridemore, Gilmore)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to fund an ongoing program to protect air quality to achieve established ambient air standards and protect human health.

RESOLUTION NO. RS2015-1356 (Pridemore, Gilmore)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a Tennessee Cooperative Agreement to Benefit Homeless Individuals grant contract from the Tennessee Department of Mental Health and Substance Abuse Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to enhance or develop the infrastructure of states and their treatment service systems for veterans and other individuals experiencing homelessness.

RESOLUTION NO. RS2015-1357 (Pridemore, Gilmore)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Two 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 enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV disease.

RESOLUTION NO. RS2015-1358 (Pridemore, Gilmore, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Three 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 enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV disease.

RESOLUTION NO. RS2015-1359 (Pridemore, Gilmore, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving amendments three, four, and five to the Healthy Start Initiative – Eliminating Racial/Ethnic Disparities 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 provide funding for the Healthy Start Home Visiting Program.

RESOLUTION NO. RS2015-1360 (Pridemore, A. Davis)
Referred to Budget & Finance
and Public Works Committees

A resolution recognizing the termination of the grant approved by Resolution No. RS2013-756 from the State of Tennessee, Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County for the purpose of collecting and disposing of waste tires, and instead appropriating $48,882.22 to be remitted by the State of Tennessee pursuant to T.C.A. § 67-4-1610 to the Department of Public Works for the processing and beneficial end use of waste tires.

RESOLUTION NO. RS2015-1361 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committee

A resolution authorizing Palm Management Corporation, et al, to construct and install an aerial encroachment for the 140 5th Avenue South entrance at 1214 4th Avenue South (Proposal No. 2015M-001EN-001).

RESOLUTION NO. RS2015-1362 (Pridemore)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury and property damage claims of Ms. Elizabeth Moss and State Farm Mutual Automobile Insurance Company, as subrogee for Elizabeth Moss, against the Metropolitan Government of Nashville and Davidson County in the amount of $11,038.06, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2015-1363 (Pridemore)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Berlinda Bedeley in the amount of $7,321.06, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2015-1364 (Pridemore)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Juanita Cantrell against the Metropolitan Government of Nashville and Davidson County in the amount of $32,600.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2015-1365 (Harmon)
Referred to Rules Committee

A resolution approving the election of certain Notaries Public for Davidson County.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2015-1007 (Pridemore, Weiner)

An ordinance amending Title 3, Chapter 3.30 of the Metropolitan Code relative to employee benefits in order to comply with federal requirements for qualified plans.

BILL NO. BL2015-1008 (Bennett, Weiner)

An ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to outdoor pet tethering.

BILL NO. BL2015-1009 (Holleman)

An ordinance amending Title 6 of the Metropolitan Code of Laws to add a new Chapter 6.83 pertaining to the hours of operation for cash advance, check cashing, and title loan establishments.

BILL NO. BL2015-1010 (Holleman)

An ordinance amending Substitute Ordinance No. BL2014-908 (the “Ordinance”) to grandfather title loan, cash advance, check cashing, and pawn shop establishments from the application of the Ordinance’s requirements if they had applied for a building permit or zoning certificate prior to the introduction of the Ordinance, but were subsequently denied such building permit or zoning certificate as a result of pendency of the Ordinance (Proposal No. 2014Z-020TX-002).

BILL NO. BL2015-1011 (Moore, Pridemore & others)
Approved by Planning Commission

An ordinance approving a Lease Agreement by and between the Metropolitan Government of Nashville and Davidson County and STEM Preparatory Academy (Proposal No. 2014M-032PR-001).

BILL NO. BL2015-1012 (Pridemore, A. Davis, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 90 linear feet of existing sewer easement and to retain a portion of the existing sewer easement dedicated in Book 3342, Page 240, for the property located at 627 Gallatin Pike (Proposal No. 2014M-080ES-001).

BILL NO. BL2015-1013 (A. Davis, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 230 linear feet of eight inch sanitary sewer line and easement and to accept approximately 1,215 linear feet of eight inch PVC sanitary sewer and approximately 1,074 linear feet of eight inch DIP water main and approximately 369 linear feet of four inch water main for properties located at 1804 and 1808 Graybar Lane, 3505 Hopkins Street, and 1919 and 1921 Woodmont Boulevard (MWS Project Nos. 14-WL-48 and 14-SL-49 and Proposal No. 2014M-079ES-001).

BILL NO. BL2015-1014 (Pridemore, A. Davis)

An ordinance authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services, herein after known as “METRO”, to participate with Vanderbilt University, hereinafter known as “VANDERBILT”, to provide public water service improvements for VANDERBILT’S proposed construction located on 19th Avenue South, as well as other properties in the area, (Project No. 14-WL-0079).

- BILLS ON SECOND READING -

BILL NO. BL2015-998 (Holleman)
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 portions of Park Avenue, Elkins Avenue, Alley No. 1198 and Alley No. 1199 right-of-way and easement (Proposal No. 2014M-002AB-001).

BILL NO. BL2015-999 (Baker, A. Davis, 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 a portion of easement rights that were previously retained by Council Bill No. 2014-912 within a portion of the former Alley No. 1517 for property located south of 525 Stevenson Street (Proposal No. 2014M-077ES-001).

- BILLS ON THIRD READING –

BILL NO. BL2014-896 (S. Davis)
Planning Commission – Approved with conditions, disapproved without (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
Map 071-15, Parcel(s) 277-328, 331-388, 393-469, 476-487, 490-492; Map 071-16, Parcel(s) 177-235, 237-274, 275.02, 276, 278-297, 463; Map 082-03, Parcel (s) 012-025, 027-031, 033-069, 072-097, 099-211, 213-223, 229-268, 270-361, 363-378, 383-415, 429-430, 440-460, 465-470, 472-490, 492-515, 517-527, 535-549, 552-557; Map 082-04, Parcel (s) 001-071, 073, 078-090, 093-095, 098-136, 139-152, 411; Map 082-06, Parcel (s) 061-067; Map 082-07, Parcel (s) 022-025, 027-083, 209-212, 213.01-213.04, 215-259, 264-270, 288-304, 381-400, 402, 406-428.02, 452-470, 514-530, 540, 542-545; Map 082-08, Parcel (s) 001-013, 014.01, 014.02;
Map 082-11, Parcel (s) 001-007, 010-019, 021-025, 028-029, 031-039, 162-164, 176 Various Owners
Requested by: Councilman Scott 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 SP zoning for various properties located along Arrington Street, Berry Street, Cleveland Street, Douglas Avenue, Evanston Avenue, Joseph Street, Lischey Avenue, Meridian Street, Montgomery Avenue, N. 2nd Street, N. 5th Street, N. 6th Street, N. 7th Street, N. 8th Street, Pennock Avenue, Richardson Avenue, Stainback Avenue, Stockell Street, Treutland Avenue, Vaughn Street and Vernon Winfrey Avenue, south of Douglas Avenue (238.26 acres), to allow detached accessory dwelling units with all other standards of the RS5 district being applicable, all of which is described herein (Proposal No. 2014SP-076-001).

BILL NO. BL2014-897 (McGuire)
Planning Commission – Approved (8-0)
Approved by Planning & Zoning Committee
Map & Parcel No./Owner/
Map 116-08, Parcel(s) 006-014, 098, 100, 101, 107, 109, 111-115, 117-123; Map 116-12, Parcel(s) 001-003, 013-017, 021, 022, 024, 025, 027-029, 033, 034, 039, 042, 045, 046, 056, 063, 064, 066-068, 074-076, 078, 099 Various Owners
Requested by: Councilman McGuire

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 RS10 zoning for various properties located along Auburn Lane, Dartmouth Avenue, Tulane Court and Woodmont Lane, south of Woodmont Boulevard (approximately 23.87 acres), all of which is described herein (Proposal No. 2014Z-054PR-001).

BILL NO. BL2014-985 (Gilmore)
Planning Commission – Approved with conditions, disapproved without (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
82-9-1 Oak Tree Partners, LLC
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 property located at 1604 6th Avenue North, approximately 130 feet north of Hume Street (0.26 acres), to permit up to four residential units, all of which is described herein (Proposal No. 2014SP-067-001).

BILL NO. BL2014-986 (Hagar)
Planning Commission – Approved with conditions, disapproved without (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
63 Part of Parcel 204 Danner-Eller Golf Properties, Inc.
Requested by: Barge, Cauthen & Assoc., Inc.

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 a portion of property located at 3939 Old Hickory Boulevard, east of Stokley Lane and partially located within the Floodplain Overlay District, (9.89 acres), to permit up to 16 detached residential rental villas, all of which is described herein (Proposal No. 2014SP-073-001).

BILL NO. BL2014-987 (Claiborne)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
95-38, 120 Eric Lawman & David Patterson
Requested by: NNP Investments

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 CS zoning for properties located at 501 and 511 Royal Parkway, approximately 550 feet south of Elm Hill Pike (2.21 acres), all of which is described herein (Proposal No. 2014Z-062PR-001).

BILL NO. BL2014-988 (Gilmore)
Planning Commission – Approved with conditions, disapproved without (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
93-13-276, 277, 299 Gulchetto Enterprises, Inc.
Requested by: Barge, Cauthen & Assoc., Inc.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM20 to SP zoning for properties located at 1212 Hawkins Street and 1119 and 1121 Sigler Street, approximately 330 feet west of 12th Avenue South, (0.71 acres), to permit up to 19 multifamily units, all of which is described herein (Proposal No. 2014SP-041-001).

BILL NO. BL2014-990 (Maynard, Allen & others)
Approved by Budget & Finance Committee

An ordinance amending Chapter 2.212 of the Metropolitan Code to modify the eligibility requirements for obtaining small business economic development incentive grants.

BILL NO. BL2014-991 (Banks, Matthews & others)
(As Amended)
Approved by Budget & Finance and Personnel Committees

An ordinance amending Chapter 4.20 of the Metropolitan Code pertaining to minimum wage and payroll information retention and inspection, and to assure protection of private information.

BILL NO. BL2014-993 (A. Davis)
Approved by Budget & Finance, Convention & Tourism
Public Works and Traffic, Parking & Transportation Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to regulate low speed vehicles within certain portions of Nashville and Davidson County, and to amend Title 6 of the Metropolitan Code to provide for such regulations.

BILL NO. BL2014-994 (Gilmore, Pridemore, A. Davis)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing Amendment Number One (1) to the Division Street Extension Phase 1 Right-of-Way Acquisition, for additional acquisition of certain right-of-way, slope and temporary construction easements and property rights between 4th Avenue South and 8th Avenue South, and including Fogg Street and 7th Avenue South, for the closure of the CSXT crossing for use by the Metropolitan Government (Proposal No. 2013M-041PR-002).

BILL NO. BL2014-995 (Stanley)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition by negotiation or condemnation of temporary and permanent utility easements relating to the installation of a new eight inch water main along Brandau Road and Hoggett Ford Road, approving the form of a participation financing agreement for property owners to connect to the new water main, and amending Chapter 15.52 of the Metropolitan Code to allow for the construction and financing arrangement set forth herein (Proposal No. 2015M-001ES-001).

BILL NO. BL2014-996 (A. Davis, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance adopting the Geographic Information Systems Street and Alley Centerline Layer as the official street and alley acceptance and maintenance record for the Metropolitan Government of Nashville and Davidson County and amending Title 13 of Metropolitan Code of Law to incorporate same.

BILL NO. BL2014-997 (Gilmore)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon easement rights that were previously retained by Council Bill No. BL 2007-104 within a portion of the former Alley #236 for properties located at 1701 and 1707 Broadway, and 115 17th Avenue South (Proposal No. 2014M-074ES-001).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2015-1366 (Tygard)
Referred to Rules Committee

A resolution recognizing Lawrence Jackson for his service to the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2015-1367 (Bennett, Barry & others)
Referred to Rules Committee

A resolution recognizing Tuesday, February 24, 2015 as World Spay Day.

RESOLUTION NO. RS2015-1368 (Matthews)
Referred to Rules Committee

A resolution recognizing Yes Lord Radio’s 5th Anniversary.

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