Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, August 2, 2011
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Health & Educational Facilities Board
Election to fill one (1) vacancy for a six-year term.
Nominees: Ms. Shirley A. Fitzgerald Corry, Ms. Sara (Sadie) Rosson.

Community Corrections Advisory Board
Appointment of Ms. Martesha Johnson for a term expiring July 30, 2012.
Ms. Johnson will represent the Metropolitan Government.

Electric Power Board
Appointment of Mr. Robert Mendes for a term expiring July 1, 2016.

Tourism and Convention Commission
Reappointment of Mr. Patrick Franzone for a term expiring June 30, 2014.

Transportation Licensing Commission
Appointment of Mr. Sal Hernandez for a term expiring April 30, 2012.
Mr. Hernandez will fill the unexpired term of Ms. Mary Griffin.

Wastewater Hearing Authority
Reappointment of Ms. Ruthie Brown Cherry for a term expiring October 1, 2012.
Reappointment of Dr. Robert Wingfield, Jr. for a term expiring October 1, 2012.

- PUBLIC HEARINGS -

BILTMORE RIDGES DEVELOPMENT

Public hearing regarding the acquisition and financing of certain public improvements within the proposed Biltmore Ridges Development and the assessment of costs against the owners of properties within the Development.

SUBSTITUTE BILL NO. BL2011-935 (Wilhoite)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
136-43 Keith Jordan

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 2631 Smith Springs Road, approximately 760 feet west of Bell Road (0.36 acres), to permit residential and low intensity non-residential uses including a single-family residential dwelling unit, a two-family residential dwelling unit, personal care instruction (limited to a maximum of 2,000 square feet), general office (limited to a maximum of 2,000 square feet), and/or medical office (limited to a maximum of 2,000 square feet) (Proposal No.2011SP-017-001).

- RESOLUTIONS -

RESOLUTION NO. RS2011-1765 (Adkins)
Referred to Rules Committee

A resolution electing one member to the Board of Directors of The Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County, Tennessee.

RESOLUTION NO. RS2011-1766 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing a temporary boundary modification for Foreign Trade Zone #78 and the contracting of a consultant for the transition to Alternate Site Framework for Foreign Trade Zone #78.

RESOLUTION NO. RS2011-1767 (Barry)
Referred to Budget & Finance
and Education Committees

A resolution approving an application for the AmeriCorps Vista Volunteer Grant from the Tennessee Literacy Coalition to The Metropolitan Government of Nashville and Davidson County, acting by and through the Community Education Commission.

RESOLUTION NO. RS2011-1768 (Barry)
Referred to Budget & Finance
and Personnel Committees

A resolution approving Amendment One to 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 make resources available for Keystone to support its new and existing employees and create 188 new jobs.

RESOLUTION NO. RS2011-1769 (Barry, Toler)
Referred to Budget & Finance
and Personnel Committees

A resolution approving the Benefit Board’s waiver of repayment of pension benefit overpayments for pensioners under Section 3.08.230 of the Metropolitan Code.

RESOLUTION NO. RS2011-1770 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, and Second Harvest Food Bank of Middle Tennessee to provide nutritional food assistance to citizens of Nashville and Davidson County.

RESOLUTION NO. RS2011-1771 (Forkum, Barry)
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 food safety services to Davidson County residents and to conduct surveys as required.

RESOLUTION NO. RS2011-1772 (Forkum, Barry)
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 family planning services.

RESOLUTION NO. RS2011-1773 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting 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 a variety of services for pregnant and parenting women.

RESOLUTION NO. RS2011-1774 (Todd, Barry)
Referred to Budget & Finance
and Parks Committees

A resolution approving Amendment One to an intergovernmental agreement by and between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the implementation of the Warner Parks Trail Linkage Improvements project.

RESOLUTION NO. RS2011-1775 (Matthews, Barry)
Referred to Budget & Finance, Parks
and Transportation & Aviation Committees

A resolution approving a Memorandum of Understanding between the Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Board of Parks and Recreation, the Metropolitan Nashville Airport Authority, the Federal Aviation Administration, and the Friends of Bells Bend related to the construction and maintenance of a 1.2 acre wetland at Bells Bend Park.

RESOLUTION NO. RS2011-1776 (Langster, Barry)
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. RS2011-1777 (Barry, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for technology purchases and to enhance the Advanced Records Management System (ARMS).

RESOLUTION NO. RS2011-1778 (Jernigan, Barry, Hodge)
Referred to Budget & Finance
and Public Works Committees

A resolution approving a Cooperative Agreement with the United States Department of Agriculture – National Resources Conservation Service to stabilize the stream banks along the Cumberland River in the Waterford Development.

RESOLUTION NO. RS2011-1779 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of
Steven D. Albright and Kathy D. Albright, on behalf of the Estate of Shellie Albright Hernandez, against the Metropolitan Government of Nashville and Davidson County in the amount of $150,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

- BILLS ON SECOND READING -

BILL NO. BL2011-951 (Adkins, Ryman, Forkum)
Referred to Rules Committee

An ordinance amending Title 2 of the Metropolitan Code by adding a new Chapter 2.190 governing rulemaking by Metropolitan Government departments, agencies, boards and commissions.

BILL NO. BL2011-952 (Wilhoite)
(As Amended)
Disapproved by Budget & Finance Committee

An ordinance amending Chapter 5.10 of the Metropolitan Code to allow public art funds to be used for the commissioning and installation of statues, memorials, and monuments.

BILL NO. BL2011-956 (McGuire)
Referred to Budget & Finance, Public Safety
and Transportation & Aviation Committees

An ordinance amending Chapter 6.74 of the Metropolitan Code relating to operation regulations, vehicle regulations, dispatching regulations, vehicle title regulations, and fare charge amounts for passenger vehicles for hire other than taxicabs.

BILL NO. BL2011-957 (Toler)
Approved by Budget & Finance Committee
Referred to Public Works Committee

An ordinance amending Title 15 of the Metropolitan Code pertaining to the metering of water consumption and sewerage use by commercial class customers of the Department of Water and Sewerage Services.

BILL NO. BL2011-962 (Tygard)
Referred to Codes
and Public Works Committees

An ordinance amending Section 6.04.035 of the Metropolitan Code to designate the Department of Public Works as an additional agency for the enforcement of ordinances prohibiting the placement of signs on utility poles, in the public right-of-way, and on public property.

BILL NO. BL2011-963 (Tygard)
Referred to Public Works
and Planning & Zoning Committees

An ordinance naming the bridge on Newsom Station Road over the Harpeth River in honor and memory of Danny Tomlinson.

BILL NO. BL2011-964 (Ryman)
Approved by Planning Commission
Referred to Budget & Finance, Parks & Library
and Planning & Zoning Committees

An ordinance approving the disposition of a certain parcel of real property located at 106 Old Brick Church Pike in Goodlettsville, known as the former Goodlettsville Public Library, by the Director of Public Property (Proposal No. 2011M-015PR-001).

BILL NO. BL2011-965 (Barry, Hodge)
Referred to Budget & Finance
and Public Works Committees

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Department of Public Works, and Creative Outdoor Advertising of America to provide a public right-of-way recycling and waste collection system within the USD with sponsorship rights, and authorizing the execution of the same.

BILL NO. BL2011-966 (Hodge, Barry)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation in relation to construction and maintenance of a berm (Proposal No. 2011M-016PR-001).

BILL NO. BL2011-967 (Baker)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing Innophos, Inc. to install, construct and maintain an underground and aerial encroachment within the right-of-way of Centennial Boulevard (Proposal No. 2011M-002EN-001).

BILL NO. BL2011-968 (Moore)
Referred to Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing Nashville Data Link, Inc. to install, construct and maintain an underground and aerial encroachment at Murfreesboro Road to Elm Hill Pike to Orr Avenue to Rundle Avenue to Fesslers Lane (Proposal No. 2011M-007EN-001).

BILL NO. BL2011-969 (Barry, Hodge)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation in relation to the Gateway to Heritage Phase IB streetscape improvements (Proposal No. 2011M-014PR-001).

BILL NO. BL2011-970 (Barry, Hodge, Duvall)
Referred to Public Works
and Planning & Zoning Committees

An ordinance approving and accepting a contribution in the amount of $50,000 from Centex Homes for road improvements at the intersection of Hamilton Church Road and Mt. View Road.

- BILLS ON THIRD READING -

BILL NO. BL2008-351 (Gotto)
Referred to Budget & Finance Committee
Disapproved by Codes
and Public Works Committees

An ordinance amending Chapter 12.76 of the Metropolitan Code to provide maintenance standards for bridges owned or maintained by railroad companies.

BILL NO. BL2011-885 (Gotto)
Approved by Planning Commission (6-0)
and Planning & Zoning Committee
Map & Parcel No./Owner:
86-157-160 & 162; 98-73 Chris Pardue, Donna & Bobby Cloyd & Central Pike Church
Requested by: Anderson, Delk, Epps & Associates, 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 RS15 to SP zoning for properties located at 4124, 4140, 4144 and 4156 Central Pike and at 6002 S. New Hope Road, approximately 1,200 feet west of S. New Hope Road (25.93 acres), to permit a mixed-use development consisting of office, retail, commercial, restaurant, multi-family and live/work uses, all of which is described herein (Proposal No. 2011SP-005-001).

BILL NO. BL2011-953 (Wilhoite)
Approved by Codes Committee

An ordinance amending Chapter 16 of the Metropolitan Code of Laws by adopting the 2011 Edition of the National Electrical Code and amendments thereto.

BILL NO. BL2011-954 (McGuire, Jernigan)
Approved by Planning Commission
Traffic & Parking Commission
Public Works, Traffic & Parking
ad Planning & Zoning Committees

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Crestview Drive right-of-way (Proposal No. 2011M-003AB-001).

BILL NO. BL2011-955 (Adkins)
Approved by Rules Committee

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before March 22, 2011.

BILL NO. BL2011-958 (Gilmore, Hodge)
Approved by Planning Commission
Public Works and Planning & Zoning Committees

An ordinance abandoning 9 water service lines and 407 linear feet of a 10 inch sanitary sewer line, 279 linear feet of a 15 inch sanitary sewer line, 252 linear feet of a 18 inch sanitary sewer line, and 89 linear feet of an 8 inch sanitary sewer line, and accepting 384 linear feet of a 12 inch sanitary sewer and easement, on properties located at Rosa Parks Boulevard, Commerce Street, 7th Avenue North, and Church Street, in connection to Project 10-SL-149, and authorizing the execution of documents to carry out said transaction (Proposal No. 2011M-005ES-001).

BILL NO. BL2011-959 (Hodge)
Approved by Planning Commission
Public Works and Planning & Zoning Committees

An ordinance authorizing the execution and filing with the Register of Deeds a Notice of Land Use Restriction for the Old Due West Landfill Site (Proposal No. 2011M-010PR-001).

BILL NO. BL2011-960 (Moore, Hodge)
Approved by Planning Commission
Public Works and Planning & Zoning Committees

An ordinance abandoning an existing drainage easement on a portion of property located at 830 Gale Lane, west of Franklin Pike (Proposal No. 2011M-004ES-001).

BILL NO. BL2011-961 (Toler)
Approved by Planning Commission
Traffic & Parking Commission
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Councilman Toler

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Trousdale Drive right-of-way (Proposal No. 2011M-007AB-001).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2011-1780 (Duvall)
Referred to Rules Committee

A resolution calling for the resignation of Davidson County Clerk John Arriola.

RESOLUTION NO. RS2011-1781 (Tygard)
Referred to Convention & Tourism Committee

A resolution requesting the Mayor to appoint a committee to organize a “Sports Summit” to increase the use of sporting events in Nashville as a tool to promote economic development and tourism.