Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, August 16, 2016
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Employee Benefit Board
Reappointment of Dr. Stephanie Coursey Bailey for a term expiring June 30, 2019.

Procurement Standards Board
Reappointment of Ms. Shannone Raybon for a term expiring July 20, 2019.

Tourism and Convention Commission
Reappointment of Mr. Randy Miller for a term expiring June 30, 2019.

- RESOLUTIONS ON PUBLIC HEARING -

RESOLUTION NO. RS2016-338 (Scott Davis)
Referred to Public Safety, Beer, and Regulated Beverages Committee

A resolution exempting Mas Tacos Por Favor, LLC located at 732 McFerrin Avenue, 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. RS2016-335 (Pridemore, Allen, Withers)
Approved by Budget and Finance Committee
Approved by Planning, Zoning, and Historical Committee

A resolution accepting a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to perform Section 106 environmental review necessary for development proposals using federal funds to determine potentially adverse effects to historic properties.

RESOLUTION NO. RS2016-339 (Pridemore, Gilmore)
Referred to Budget and Finance Committee

A resolution approving Amendment Two to a Financial Empowerment Centers Grant from the Cities for Financial Empowerment (“CFE”) Fund to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Economic and Community Development, to support municipal efforts to improve the financial stability of households by leveraging opportunities unique to local government.

RESOLUTION NO. RS2016-340 (Dowell, Pridemore, Allen)
Approved by Planning Commission
Referred to Budget and Finance Committee
Referred to Education Committee
Referred to Planning, Zoning, and Historical Committee

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase a portion of real property (Map 163-00-0 Parcel 122.00) for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2016M-020PR-001).

RESOLUTION NO. RS2016-341 (O'Connell, Henderson)
Referred to Parks, Library, and Recreation Committee
Referred to Convention, Tourism, and Public Entertainment Facilities Committee

A resolution approving a license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Parks and Recreation, and the United States of America, acting by and through the Department of the Navy, to enter certain parks, operated and maintained by the Department of Parks and Recreation, for limited purposes during Marine Week.

RESOLUTION NO. RS2016-342 (Pridemore, Gilmore)
Referred to Budget and Finance Committee
Referred to Health, Hospitals, and Social Services Committee

A resolution approving an application for an Adoption Preparation/Heartworm Treatment Grant from the PETCO Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to increase efforts to battle heartworm disease by offering a low cost treatment for animals with low to moderate heartworms to greatly increase their chance for adoption.

RESOLUTION NO. RS2016-343 (Haywood, Pridemore)
Referred to Budget and Finance Committee
Referred to Personnel, Public Information, Human Relations, and Housing Committee

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 provide space and access/applications for One-Stop Partners in the American Job Centers (AJC) for employment and training programs (RSA17-LWDA09).

RESOLUTION NO. RS2016-344 (O'Connell, Allen, Elrod)
Approved by Planning Commission
Referred to Public Works Committee
Referred to Planning, Zoning, and Historical Committee

A resolution authorizing Albany Road Real Estate Partners, LLC to construct and install an aerial encroachment at 201 4th Ave North (Proposal No. 2016M-025EN-001).

RESOLUTION NO. RS2016-345 (O'Connell, Allen, Elrod)
Approved by Planning Commission
Referred to Public Works Committee
Referred to Planning, Zoning, and Historical Committee

A resolution authorizing Hard Rock Café International (USA) Inc. to construct and install an aerial encroachment at 108 2nd Avenue North (Proposal No. 2016M-017EN-001).

RESOLUTION NO. RS2016-346 (Pridemore)
Referred to Budget and Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the inverse condemnation claim of Sybil Spaulding against the Metropolitan Government of Nashville and Davidson County in the amount of $265,000.00, and that said amount be paid out of Metro Water Services’ GSD Stormwater S/F FY13-B Capital Fund.

RESOLUTION NO. RS2016-347 (Shulman)
Referred to Rules, Confirmations, and Public Elections Committee

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

RESOLUTION NO. RS2016-348 (Cooper, Mina Johnson)
Referred to Rules, Confirmations, and Public Elections Committee

A resolution honoring the life of Jane Eskind, the first and only woman elected to a statewide office in Tennessee.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2016-373 (Mendes, Sledge, & Others)

An ordinance to amend Chapter 6.28 of the Metropolitan Code pertaining to Short Term Rental Property.

BILL NO. BL2016-374 (Mendes, Sledge, & Others)

An ordinance to amend Chapter 6.28 of the Metropolitan Code pertaining to Short Term Rental Property (STRP).

BILL NO. BL2016-375 (Mendes, Sledge, O'Connell)

An ordinance to amend Chapter 6.28 of the Metropolitan Code pertaining to the maximum occupancy of Short Term Rental Property.

BILL NO. BL2016-376 (Dowell, Karen Johnson, Vercher)

An ordinance declaring a 120-day moratorium upon the issuance of building and grading permits for multi-family developments on property within Metropolitan County Council Districts 28, 29 and 32 of the Metropolitan Government of Nashville & Davidson County.

BILL NO. BL2016-377 (Glover)

An ordinance to amend Title 13 of the Metropolitan Code of Laws by adding a new chapter to require utility companies to give written notice to property owners within six hundred feet of any utility work or maintenance that requires vegetation trimming or disrupts vehicular or pedestrian traffic.

BILL NO. BL2016-378 (Rosenberg, Pulley, O'Connell)

An ordinance to amend Title 11 of the Metropolitan Code to institute a civil penalty for possession or casual exchange of one-half ounce of marijuana or less.

BILL NO. BL2016-379 (Syracuse)
Referred to Planning Commission

An ordinance amending Title 17 of the Metropolitan Code pertaining to financial institutions and alternative financial services (Proposal No. 2016Z-015TX-01).

- BILLS ON SECOND READING -

BILL NO. BL2016-308 (Hastings)
Referred to Codes, Fair, and Farmers Market Committee
Referred to Personnel, Public Information, Human Relations, and Housing Committee

An ordinance amending Chapter 2.149 of the Metropolitan Code to require residential rental properties receiving allocations from the Barnes Fund to include language concerning tenant conduct in the rental agreement.

BILL NO. BL2016-334 (Mendes, Allen)
Referred to Budget and Finance Committee

An ordinance amending BL2015-1281, which authorizes the Metropolitan Development and Housing Agency to negotiate and accept payments in lieu of ad valorem taxes from its lessees operating low income housing tax credit properties pursuant to Tennessee Code Annotated 13-20- 104 and revising the program for determining qualifications and eligibility for such payments.

BILL NO. BL2016-342 (Pridemore, Allen, & Others)
Referred to Ad Hoc Affordable Housing Committee
Referred to Budget and Finance Committee
Referred to Personnel, Public Information, Human Relations, and Housing Committee
Referred to Planning, Zoning, and Historical Committee

An ordinance amending Title 2 of the Metropolitan Code to create an affordable and workforce housing grant program.

BILL NO. BL2016-343 (Anthony Davis, Elrod, & Others)
Referred to Budget and Finance Committee
Referred to Public Works Committee

An ordinance to amend Title 13 of the Metropolitan Code of Laws by adding a new chapter to facilitate efficient access to and enhance the public safety and convenience for accessing the public rights-of-way to manage communications facilities.

BILL NO. BL2016-344 (O'Connell, Henderson)
Referred to Parks, Library, and Recreation Committee

An ordinance authorizing the Board of Parks and Recreation to issue a permit allowing the United States Government, acting by and through the Department of the Navy, to land and take off aircraft on The Green, a park owned by The Metropolitan Government of Nashville and Davidson County and maintained and operated by the Department of Parks and Recreation, in conjunction with Marine Week.

BILL NO. BL2016-345 (O'Connell, Allen, Elrod)
Approved by Planning Commission
Referred to Planning, Zoning, and Historical Committee
Referred to Public Works Committee

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon an existing water main and one fire hydrant and to accept new water mains and four fire hydrants and any associated easements for property located at 1100 Charlotte Avenue (MWS Project 14-WL-135 and Proposal No. 2016M-028ES-001).

BILL NO. BL2016-346 (Hagar, Allen, Elrod)
Approved by Planning Commission
Referred to Planning, Zoning, and Historical Committee
Referred to Public Works Committee

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon existing sewer main and easement and to accept new sewer main and easement for property located at 1104 Safety Harbor Cove (MWS Project 16-SL-101 and Proposal No. 2016M- 029ES-001).

BILL NO. BL2016-347 (Sledge, Allen, Elrod)
Approved by Planning Commission
Referred to Planning, Zoning, and Historical Committee
Referred to Public Works Committee

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon an existing sewer main and manholes and to accept new sewer mains, manholes, new water mains, fire hydrant assemblies and easements for properties located at 512, 514, 518, 520 Southgate Avenue and 1608 Pillow Street (MWS Projects 16-SL-0047 and 16-L-0061 and Proposal No. 2016M-035ES-001).

BILL NO. BL2016-348 (Scott Davis, Allen, Elrod)
Approved by Planning Commission
Approved by Traffic and Parking Commission
Referred to Planning, Zoning, and Historical Committee
Referred to Public Works Committee
Referred to Traffic, Parking, and Transportation Committee

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 Alley Number 330 right-of-way (Proposal Number 2016M-018AB-001).

- BILLS ON THIRD READING -

BILL NO. BL2016-272 (Haywood)
Approved with conditions, disapproved without by Planning Commission (8-0-1)
Approved by Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 50-130; 50-10-1-3 Cintas Corp. No. 1 & J. Christopher Brown
Requested by: Barge Cauthen & 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 amending a Planned Unit Development located at 3300 Briley Park Boulevard South and 3400 and 3438 Briley Park Boulevard North, and Brick Church Lane (unnumbered), north of Briley Parkway and west of Brick Church Pike (60.3 acres), zoned IWD, to permit a 9,807 square foot building addition to one property within the Planned Unit Development, all of which is described herein (Proposal No. 47- 86P-001).

BILL NO. BL2016-283 (Sledge)
Approved with conditions, disapproved without by Planning Commission (9-0)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 105-11-16-18 Adam Curtis & Bentley Investments, 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 properties located at 522, 524, and 526 Southgate Avenue, approximately 570 feet east of Martin Street (1.02 acres), to permit up to 23 residential units, all of which is described herein (Proposal No. 2016SP-013-001).

BILL NO. BL2016-298 (Scott Davis)
Referred to Planning Commission
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 071-03-109-113, 115, 118-125, 129-143, 145, 152-155, 164; 071-04, Parcel(s) 146-150, 160, 163-169, 293, 294, 296, 297, 309; 071-07-047.01, 027-058, 089-092, 094- 109, 111-120, 133-136, 138, 139, 149, 239, 240, 242, 245-254, 264; 071-08-007-008, 010-056, 058-076, 085 089, 382, 383, 395-399, 402-408, 411
Requested by: Councilmember 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 CN, CS, OR20, RS10, OL and RS5 to RM40-A zoning for various properties located along Kingston Street, Queen Avenue, Duke Street, Prince Avenue, East Trinity Lane and Sultana Avenue (45.67 acres), all of which is described herein (Proposal No. 2016Z-052PR-001).

BILL NO. BL2016-304 (Kindall)
Approved with conditions, disapproved without by Planning Commission (8-1)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 92-1-105 Joseph Perry & Joyce Page
Requested by: Joseph Perry & Joyce Page

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 1016 33rd Avenue North, approximately 70 feet south of Alameda Street (0.29 acres), to permit four residential units within the existing structure, all of which is described herein (Proposal No. 2016SP-036-001).

BILL NO. BL2016-305 (Kindall)
Approved by Planning Commission (10-0)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 92-10-331 H. Calister Turner
Requested by: Fulmer Engineering, 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 MUL-A zoning for property located at 615 26th Avenue North, at the southeast corner of Clifton Avenue and 26th Avenue North (0.75 acres), all of which is described herein (Proposal No. 2016Z-032PR-001).

BILL NO. BL2016-306 (Kindall)
Approved by Planning Commission (9-0)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 92-10-219-221 Desperado Properties LLC & Max Khazanov
Requested by: Littlejohn Engineering & 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 RS5 to MUL-A zoning for property located at 2701, 2703, and 2705 Clifton Avenue, at the southwest corner of the intersection of Clifton Avenue and 27th Avenue North (0.67 acres), all of which is described herein (Proposal No. 2016Z-046PR-001).

BILL NO. BL2016-309 (as amended) (Allen, Coleman, & Others)
Approved by Planning Commission (6-0)
Referred to Planning, Zoning, and Historical Committee

An ordinance amending Sections 6.28.030, 17.16.250, and Chapter 17.32 of the Metropolitan Code with regard to sign regulation (Proposal No. 2016Z-013TX-001).

BILL NO. BL2016-319 (Scott Davis)
Disapproved by Planning Commission
Approved with amendments, disapproved without by Planning Commission (7-0-1)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 71-15-251,470-473,476 Catherine Y. Harrison, Jenna E. Miske,
Ernestine Crutcher, Academy for Kidz, Rezene Ahferom, Eldon Spraker
Requested by: Councilmember 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 CN, RS5 and SP to SP zoning for properties located at 1224, 1225, 1227, 1229, 1231 and 1300 Lischey Avenue, approximately 210 feet northeast of Richardson Avenue (1.97 acres), to permit all uses permitted by the MUL-A district except for alternative financial services uses, all of which is described herein (Proposal No. 2016SP-047-001).

BILL NO. BL2016-320 (Dowell)
Approved by Planning Commission (6-0)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 163-Part of Parcel 66.01 Everest Investments, GP
Requested by: Everest Investments, GP

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to MUL zoning for a portion of property located at 5140 Hickory Hollow Parkway, approximately 3,225 feet west of Bell Road (2.19 acres), all of which is described herein (Proposal No. 2016Z-022PR-001).

BILL NO. BL2016-321 (Sledge)
Approved by Planning Commission (10-0)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 105-14-70 Brenden Donelson
Requested by: Preffer Torode Architecture

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 MUL-A zoning for property located at 2125 8th Avenue South, at the intersection of Prentice Avenue and 8th Avenue South (0.21 acres), all of which is described herein (Proposal No. 2016Z-054PR-001).

BILL NO. BL2016-322 (O'Connell)
Approved by Planning Commission (7-0)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 93-12-105 David Cypress
Requested by: Mike Brown & Will Pulley

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 MUL-A zoning for property located at 237 Hermitage Avenue, at the southeast corner of Fairfield Avenue and Hermitage Avenue (0.47 acres), all of which is described herein (Proposal No. 2016Z-060PR- 001).

BILL NO. BL2016-323 (Freeman)
Approved with conditions, disapproved without by Planning Commission (10-0)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 133-5-17 Lex & Co. 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 RS7.5 to SP zoning for property located at 500 Veritas Street, at the northwest corner of Keystone Avenue and Veritas Street (0.26 acres), to permit two residential units, all of which is described herein (Proposal No. 2016SP-018-001).

BILL NO. BL2016-324 (Sledge)
Approved with conditions, disapproved without by Planning Commission (7-0)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 105-7-443,444 David Mangum
Requested by: Littlejohn Engineering 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 IWD to SP zoning for properties located at 1267 and 1271 3rd Avenue South, at the southwest corner of Hart Street and 3rd Avenue South (0.95 acres), to permit a mixed-use development with a maximum of 82 residential units and a maximum 8,700 square feet of non-residential uses, all of which is described herein (Proposal No. 2016SP-039-001).

BILL NO. BL2016-326 (Henderson)
Approved with conditions, disapproved without by Planning Commission (6-0-1)
Referred to Planning, Zoning, and Historical Committee
Map & Parcel No./Owner: 160-184 Northumbland Hotel Partners, LLC
Requested by: Littlejohn Engineering 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 property located at 5630 Franklin Pike Circle, 600 feet northeast of Old Hickory Boulevard (1.96 acres), to permit a hotel, all of which is described herein (Proposal No. 2016SP-041-001).

BILL NO. BL2016-327 (Syracuse)
Approved with substitute, disapproved without by Planning Commission (6-0)
Referred to Planning, Zoning, and Historical Committee

An Ordinance amending Section 17.08.030 and Section 17.16.090 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to artesian distilleries, all of which is more particularly described herein (Proposal No. 2016Z-012TX-001).

BILL NO. BL2016-328 (Pridemore, Murphy)
Approved by Budget and Finance Committee
Approved by Personnel, Public Information, Human Relations, and Housing Committee

An ordinance amending Title 3 of the Metropolitan Code relative to employee benefits to comply with state law regarding assignment of retirement plans benefits pursuant to a qualified domestic relations order (“QDRO”).

BILL NO. BL2016-329 (Pridemore, Elrod)
Approved by Budget and Finance Committee
Approved by Public Works Committee
Approved by Traffic, Parking, and Transportation Committee
Referred to Convention, Tourism, and Public Entertainment Facilities Committee

An ordinance amending Title 6, Chapter 6.72 – Taxicabs.

BILL NO. BL2016-330 (O'Connell)
Approved by Public Safety, Beer, and Regulated Beverages Committee

An ordinance amending Section 7.08.090 of the Metropolitan Code to broaden application of the minimum distance requirements and to eliminate the minimum distance exemption for a restaurant located within the boundaries of Sixth Avenue North, Union Street, Fifth Avenue North, and Church Street.

BILL NO. BL2016-331 (as amended) (Glover)
Approved by Budget and Finance Committee
Approved by Public Works Committee

An ordinance amending sections 15.34.030 and 15.34.040 of The Metropolitan Code of Laws pertaining to Residential Sanitary Sewerage Pumping Systems (“RSSP”).

BILL NO. BL2016-332 (Henderson, Syracuse, Murphy)
Approved by Parks, Library, and Recreation Committee
Referred to Convention, Tourism, and Public Entertainment Facilities Committee

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and Nashville Steam Preservation Society for the lease and restoration of Steam Locomotive Number 576.

BILL NO. BL2016-333 (Pridemore, Elrod, Hagar)
Approved by Budget and Finance Committee
Approved by Public Works Committee

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of $50,000 from Mapco Express, Inc., to aid in the modification of traffic signals at the intersection of Robinson Road and Merritt Street (Project No. 2016-R-32).

BILL NO. BL2016-337 (O'Connell, Elrod, Allen)
Approved by Planning Commission
Approved by Planning, Zoning, and Historical Committee
Approved by Public Works Committee

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon an existing sewer main and to accept new sewer main and two new manhole assemblies for property located at 1200 Jo Johnston Avenue (MWS Project 16-SL-0090 and Proposal No. 2016M-026ES-001).

BILL NO. BL2016-338 (O'Connell, Allen, Elrod)
Approved by Planning Commission
Approved by Planning, Zoning, and Historical Committee
Approved by Public Works Committee

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon an existing sewer main and manholes and to accept new sewer main, manholes and new water main and fire hydrant for property located at 501 5th Avenue South (MWS Project 15-SL-115 and 15-WL-88 and Proposal No. 2016M-027ES-001).

BILL NO. BL2016-339 (Allen, Elrod)
Approved by Planning Commission
Approved by Traffic and Parking Commission
Approved by Planning, Zoning, and Historical Committee
Approved by Public Works Committee
Approved by Traffic, Parking, and Transportation Committee

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 Alley #328 right-of-way (Proposal Number 2016M-019AB-001).

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