Analysis Report
December 2, 2008 Council Meeting
Analysis Report Balances |
||
| Balances As Of: | 11/25/08 |
11/28/07 |
| GSD 4% RESERVE FUND | *$31,938,682 | $26,540,553 |
GENERAL FUND GSD |
Unavailable |
Unavailable |
| GENERAL FUND USD | Unavailable |
Unavailable |
| GENERAL PURPOSE SCHOOL FUND | Unavailable |
Unavailable |
* Assumes estimated revenues in fiscal year 2009 in the amount of $20,537,017
(Does not include pending 4% appropriations totaling $4,024,000)
– RESOLUTIONS –
RESOLUTION NOS. RS2008-555 through RS2008-562 (FORKUM) – These eight resolutions appropriate funds from the general fund reserve fund (4% fund) to various departments. Four percent funds may only be used for the purchase of equipment and repairs to buildings. The total amount of these six resolutions is $4,024,000.
The balance in the general fund reserve fund as of November 25, 2008, was $31,938,682. This consists of unrealized revenue for fiscal year 2009 in the amount of $20,537,017. The resolutions provide that “The Director of Finance may schedule acquisitions authorized herein to ensure an appropriate balance in the Fund.” Copies of the supporting information sheets required by Ordinance No. O86-1534, are attached to this analysis.
Resolution No. RS2008-555 appropriates $73,000 from the general fund reserve fund to the Davidson County juvenile court for upgrade of the card access system at the Juvenile Justice Center. Return to Agenda
Resolution No. RS2008-556 appropriates $100,000 from the general fund reserve fund to the health department for miscellaneous equipment. Return to Agenda
Resolution No. RS2008-557 appropriates $726,000 from the general fund reserve fund to the information technology services department for computer hardware and software as part of the technology revolving fund. These funds will be used to replace 580 computers. Return to Agenda
Resolution No. RS2008-558 appropriates $750,000 from the general fund reserve fund to the parks and recreation department for playground equipment. Return to Agenda
Resolution No. RS2008-559 appropriates $500,000 from the general fund reserve fund to the fire department for personal protective and safety equipment. Return to Agenda
Resolution No. RS2008-560 appropriates $500,000 from the general fund reserve fund to the police department for miscellaneous equipment, including the replacement of 240 firearms. Return to Agenda
Resolution No. RS2008-561 appropriates $1,000,000 from the general fund reserve fund to the public library for new and replacement books and materials. Return to Agenda
Resolution No. RS2008-562 appropriates $375,000 from the general fund reserve fund to the general services department for surge protection devices, telephones, a replacement fuel tank, and an emergency generator. Return to Agenda
RESOLUTION NO. RS2008-563 (FORKUM) – This resolution approves a grant in the amount of $3,125 from the state administrative office of the courts to the state trial courts for mediation services for divorce cases involving minor children. The term of the grant is from July 1, 2008 through June 30, 2009. These funds are used to provide for on-call mediation services for divorce cases involving minors and processed according to the parenting plan law, as well as for providing interpreters for divorcing parents whose primary language is not English. The on-call mediators are compensated at an hourly rate of $50 for these services. Return to Agenda
RESOLUTION NO. RS2008-564 (FORKUM) – This resolution approves a grant in the amount of $300,000 from the state department of mental health and developmental disabilities to the Davidson County drug court to provide treatment to persons addicted to methamphetamine. These grant funds are used by the drug court to pay the costs of providing treatment to 15 non-violent methamphetamine offenders as part of the drug court program. The term of this grant is from July 1, 2008 through June 30, 2009. Return to Agenda
RESOLUTION NO. RS2008-565 (FORKUM) – This resolution approves a grant in the amount of $110,000 from the state department of labor and workforce development to the Nashville career advancement center (NCAC) to make resources available to Asurion. Asurion, which recently relocated its global corporate headquarters to Nashville, is the largest provider of wireless roadside assistance services and wireless headset insurance programs in North America. Under the terms of this federal pass-through grant, the Tennessee career center, which is operated by NCAC, will manage the recruitment campaign for Asurion based upon a hiring schedule of 320 jobs over two years. NCAC will also provide on-the-job training for approximately 80 employees.
This grant consists of $100,000 in program funds plus $10,000 for administrative expenses. The term of the grant is from October 1, 2008 through June 30, 2009.
No Metropolitan Government funds or tax revenues are used in this grant. Return to Agenda
RESOLUTION NO. RS2008-566 (MATTHEWS, FORKUM & TOLER) – This resolution approves a grant in the amount of $211,409.06 from the state department of transportation to the Metropolitan Government for the replacement of the bridge on Dry Fork Road over Dry Creek. This is a typical bridge replacement agreement with the state whereby eighty percent of the construction cost is provided from federal funds and Metro pays the remaining twenty percent. Metro's required local match for this grant is $50,532.26. The project is to be completed not later than January 1, 2011.
This same grant was approved in 2006 but the funding was withdrawn by the state in 2007. Return to Agenda
RESOLUTION NO. RS2008-567 (FORKUM & DURBIN) – This resolution approves a tenth amendment to a low income home energy assistance program grant from the state department of human services to the Metropolitan action commission (MAC) to provide financial assistance with heating costs. This resolution increases the amount of the grant by $3,577,048, with a local match of $145,000 to be provided through the MAC operating budget. This brings the total amount of the grant award to $17,134,632. Return to Agenda
RESOLUTION NO. RS2008-568 (BENNETT) – This resolution approves an intergovernmental agreement between the U.S. Army Reserve and the Metropolitan police department (MNPD) for joint recruitment efforts. The U.S. Army Reserves currently has an employer partnership program to provide a mechanism for soldiers to obtain employment in the private sector. This program is available to entry Army Reserve soldiers, soldiers currently serving in the Reserves, and those who have previously served and have been honorably discharged. The U.S. Army agrees to provide MNPD with information to assist in maintaining contacts with the participants in the program. MNPD agrees to interview qualified soldiers for employment with the police department. MNPD is not obligated to hire any particular candidate. Should there be no employment opportunities available at the time, MNPD agrees to maintain the soldier's information and advise when such opportunities become available. The point of contact for the U.S. Army Reserves will be the 200th Military Police Command. Return to Agenda
RESOLUTION NO. RS2008-569 (BENNETT & FORKUM) – This resolution approves a bulletproof vest partnership grant in the amount of $6,372.09 from the U.S. department of justice to the Metropolitan Government. The grant funds are to provide one-half of the cost of 35 bulletproof vests, to be divided among the following departments:
• Police Department $5,040 for 28 vests
• Parks Department $180 for 1 vest
• Sheriff's Office $1,080 for 6 vests
A local match of $6,372.09 is required for this grant. Return to Agenda
RESOLUTION NO. RS2008-570 (BENNETT & FORKUM) – This resolution approves a grant in the amount of $950,155.70 from the state department of transportation to the Metropolitan police department to enhance enforcement of driving under the influence (DUI) laws. This is a continuation grant that provides funds for the police department to pay overtime wages for officers conducting enhanced DUI enforcement at targeted locations between the hours of 7:00 p.m. and 3:00 a.m. on weekends, and on those holidays historically associated with heavy alcohol consumption. The funds will also be used to staff strategically placed sobriety check points on these holidays. The term of the grant is from October 1, 2008 through September 30, 2009. Return to Agenda
RESOLUTION NO. RS2008-571 (FORKUM & BENNETT) – This resolution approves a grant in the amount of $800 from Target Corporation for the purchase of global positioning units and digital cameras for the Hermitage police precinct flex unit. Return to Agenda
RESOLUTION NO. RS2008-572 (FORKUM) – This resolution approves an intergovernmental agreement between the U.S. bureau of immigration and customs enforcement (ICE) and the Metropolitan Government for the reimbursement of overtime expenses incurred by the Davidson County sheriff's office. These funds are available through the U.S. treasury forfeiture fund to pay overtime costs, fuel and equipment for local agencies participating with federal law enforcement officials in joint operations and investigations. The term of this agreement expires on September 30, 2009. The agreement provides that Metro may be reimbursed up to $15,000 for each officer assigned to the joint operation.
A similar agreement for reimbursement of police overtime expenses associated with this program was approved by the council in March of 2008. Return to Agenda
RESOLUTION NOS. RS2008-573 & RS 2008-574 (BENNETT & FORKUM) – These two resolutions approve an application for a 2008 Homeland Security grant from the U.S. department of homeland security, as well as an intergovernmental agreement between the Metropolitan Government and the Tennessee emergency management agency for the acceptance and distribution of grant funds for use in the Nashville Urban Area/Homeland Security District 5.
Resolution No. RS2008-573 approves an application for a grant in the amount of $1,597,383.91 to fund the following programs/initiatives:
State Homeland Security Program: $1,091,989.91
Citizens Corps Program: $5,994.00
Metropolitan Medical Response System: $321,221.00
Urban Area Security Initiative: $178,719.00 Return to Agenda
Resolution No. RS2008-574 approves an intergovernmental agreement in the form of a “Letter of Acceptance” to accept $3,168.566.91 in grant funds for Homeland Security District 5 and to distribute the funds among the various counties in District 5. Homeland Security District 5 includes the counties of Davidson, Wilson, Williamson, Sumner, Cannon, Rutherford, and Trousdale. The Metropolitan Government serves as the host municipality for District 5. The grant funds are to be distributed as follows:
Davidson County: $1,597,383.91
Wilson County: $173,560.00
Williamson County: $228,602.00
Sumner County: $316,521.00
Cannon County: $233,059.00
Rutherford County: $283,841.00
Trousdale County: $335,600.00
Metro will use these funds in part for a resource management/tracking system, protective equipment, explosive-detecting dogs, a dual wheel truck tactical stake bed, and a Segway all-terrain vehicle. Return to Agenda
– BILLS ON SECOND READING –
ORDINANCE NO. BL2008-258 (CRAFTON) – This ordinance amends the Metropolitan Code to impose an additional fee for building permits for construction or demolition permits within historic zoning overlays. The fee schedule in the building code for building permits is based upon the total valuation of the construction; the bigger the job, the higher the fee. If no building permit is needed for the issuance of a use and occupancy permit, the fee for the certificate is fifty dollars.
This ordinance would impose an additional fifty dollar fee to be charged for applications to demolish, repair, or construct a building within a historic zoning overlay. According to information provided by the historical commission staff in June 2008, the staff handles approximately 325 cases per year in the overlay districts. With the addition of the new historic zoning overlays in recent months, this number is expected to increase this year. The former director of the historical commission estimates that some cases take dozens of hours to review, while others take only a few hours. By law, the Metropolitan Government cannot charge fees that exceed the cost of providing the service. The fiscal year 2009 budget for the historical commission's historic zoning program is $237,300. While some cases obviously take longer to review than others, a review of 400 cases this year would average out to be $593.25 per case. Return to Agenda
ORDINANCE NO. BL2008-298 (TYGARD & WILHOITE) – This ordinance amends the Metropolitan Code to provide a minimum pension benefit for employees with at least five years credited service. In October 2001, the council amended the code to change the employee pension system from a ten year required vesting period to five year vesting. The 2001 ordinance also added a provision that allows a vested employee who dies and is survived by a dependent child or children, but does not have a surviving spouse, to have a benefit paid to this surviving child or children the same as a spouse would have been paid. However, the 2001 ordinance did not change the minimum pension benefit provisions to allow the benefit after five years credited service. The minimum pension benefit is set at an amount of $150 per month for an employee with ten years credited service, and increases by fifteen dollars for each additional year of service up to a maximum of $300 per month for twenty or more years of service.
At least one situation has arisen where a former employee with five years credited service died with a dependent child and no surviving spouse after leaving the employment of the Metropolitan Government. Since this employee had less than ten years credited service, his minor child dependent did not qualify for the minimum pension benefit.
This ordinance would establish a minimum pension benefit of $75 per month for an employee with five years of service, which would increase by fifteen dollars a month for each additional year of service.
There is a substitute for this ordinance that would clarify surviving spouses or dependent children of deceased former employees would be entitled to a minimum pension benefit starting at $75 for five years of service and increasing by $15 for each additional year, with a capped amount of $150 per month for ten or more years of service. Return to Agenda
ORDINANCE NO. BL2008-306 (JAMESON & DUVALL) – This ordinance amends the Metropolitan Code to add noise restrictions within the downtown area. The noise ordinance was amended by Ordinance No. BL2008-259 in September 2008 to add a “plainly audible” standard for determining violations and adding certain restrictions pertaining to motor vehicle noise. However, Ordinance No. BL2008-259 retained the exemption for the downtown area from the noise ordinance restrictions.
This ordinance would basically set a maximum decibel of 85 Db(A) for downtown properties, with certain exceptions. For condominium and apartment units, the decibel measurement would be taken from the interior of another residential unit in the same complex (if the sound is coming from a residential unit), or from the boundary line of the nearest residentially-occupied property at street level (for noise from bars, nightclubs, etc.). The ordinance would not apply to special events in the downtown area for which a permit has been issued, or to any outdoor entertainment facilities owned by Metro (LP Field and Riverfront Park). The ordinance would also prohibit amplified sound from businesses to attract customers greater than 85 Db(A) from any point within the boundary line of the nearest residentially-occupied property.
This ordinance is the result of a task force made up of downtown residents that began looking at this issue in September 2006. The task force toured downtown at night and took noise measurements at various locations. The 85 decibel limitation is greater than the noise ordinance in Las Vegas and New York City, and is in line with the noise ordinance in Austin, Texas, which is comparable to downtown Nashville as it pertains to the mixture of live music venues and residential living. An example of noise at approximately 85 Db(A) would be a heavy truck passing by 50 feet away. As another example, the noise emitted from a vacuum cleaner ranges from 60 to 85 Db(A). Return to Agenda
ORDINANCE NO. BL2008-328 (BARRY & JAMESON) – This ordinance extends the tree density requirements contained in the zoning code to certain residential development. The zoning code clearly includes tree density provisions for new commercial development of fourteen units per acre. A tree density unit (TDU) is based upon the size of the tree using a caliper measurement for replacement trees and the diameter at breast height for protected trees. For example, one tree density unit equals two 2-inch caliper trees.
The zoning code currently includes an exemption from the tree ordinance for certain kinds of residential property. The code provides that the tree protection and replacement requirements do not apply to a platted lot zoned for single-family or two-family dwellings for which a valid building permit has been issued. This clearly means that individual homeowners are not required to meet the tree density provisions. The code provides that this exception for single and two-family lots does not apply to “residential developments that require final site plan or special exception approval”, which technically would include new planned unit developments (PUDs) and specific plan districts (SPs). However, the code has been interpreted by the department of codes administration to exempt all residential development.
First, this ordinance would amend the code to clarify that only individual lots not part of a new subdivision for which a valid building permit has been issued would be exempt from the tree density requirements. Second, this ordinance would establish a sliding scale for tree density in residential subdivisions. As stated above, all commercial development must attain a tree density factor of fourteen units per acre. This ordinance would require that all new single and two-family residential subdivisions attain a tree density factor based upon the following incremental sliding scale using protected or replacement trees, or both:
Number of single or two-family units: Tree density factor:
Between 2 and 25 at least 14 units per acre
Between 26 and 50 at least 12 units per acre
Between 51 and 75 at least 10 units per acre
76 or more units at least 7 units per acre
This ordinance has been approved by the planning commission. The planning commission staff recommends an amendment to this ordinance to include a definition of “new subdivision”, and to make several housekeeping technical changes to the existing tree provisions in the zoning code. Return to Agenda
ORDINANCE NO. BL2008-344 (PAGE) – This ordinance amends the Metropolitan Code provisions pertaining to after hours clubs to prohibit such establishments from allowing alcoholic beverages to be brought or consumed upon the premises. In August 2007, the council enacted Ordinance No. BL2007-1546 to require after hours establishments to obtain a permit from the department of codes administration and to establishment some regulations for these clubs. This ordinance was revised slightly in March 2008 to make some technical corrections. The code defines “after hours establishments” as commercial establishments open to the public after 3:00 a.m. that allow customers to bring alcoholic beverages onto the premises, or nightclubs marketed to teenagers and open to persons under the age of 18 without the presence of a parent or legal guardian. Applicants are required by the ordinance to pay a one-time permit application fee of $250 plus the cost for providing background checks. There is a $100 renewal fee for the permit.
No permit can be issued for any after hours establishment if any person having at least a five percent ownership interest in the establishment has been convicted during the past five years of a crime of moral turpitude, or if the establishment has had a beer permit revoked within the past five years. In addition, it is unlawful for an after hours establishment to allow any indecent or violent act to occur on the premises, to allow persons under the age of eighteen to loiter about the premises when alcoholic beverages are being consumed, or to allow anyone under the age of 21 to consume alcohol on the premises. Failure by a permit holder to abide by this provision would make the permit holder strictly liable for property damage or injury caused by anyone under the age of twenty-one that was consuming alcohol on the premises.
After hours establishments are also responsible for providing an adequate number of security guards to patrol the premises, including parking facilities used by the establishment. In addition, the establishment is required to submit a security plan to the police department at the time the application is filed, which plan is to be monitored by the police department on an ongoing basis. If the police department determines that the security plan is no longer sufficient, a new plan must be submitted within seven days or the permit is to be revoked. Further, the code provides that the police department is to regularly enter these establishments to ensure they are complying with the requirements of the ordinance.
This ordinance would change the definition of “after hours establishment” to mean any establishment open to the general public after 3:00 a.m. whose primary purpose is for entertainment, teen clubs, dance clubs, and establishments that feature the playing of live or recorded music. Any club open after 3:00 a.m. that charges a cover charge would be considered an after hours club. The ordinance also would make it unlawful for an after hours club to knowingly, or through due diligence, permit someone to bring or consume alcoholic beverages upon the premises.
The Tennessee Court of Appeals has held that local governments may regulate “brown bagging” in the interest of public safety as part of the city's police powers. Local governments clearly have a legitimate interest in protecting the safety of its citizens, and in reducing the number of incidents of public drunkenness and impaired drivers. There are currently 14 after hours clubs in Davidson County, 10 of which are located in the downtown area. Over the past year, there have been 389 police response calls to these 14 clubs, not including the business check/community policing visits.
There is an amendment for this ordinance adding a recital regarding the number of police visits. Return to Agenda
ORDINANCE NO. BL2008-345 (TOLER, EVANS & OTHERS) – This ordinance, commonly referred to as the “Green Streets” ordinance, amends the Metro Code to require the department of water and sewerage services to develop a stormwater master planning district. The purpose of this ordinance is to plan for environmental friendly stormwater projects within the area of the combined sewer system (CSS), which includes a 14 square mile area consisting predominately of downtown Nashville.
This ordinance requires Metro water services, in cooperation with Metro public works, the planning department, and the Metropolitan development and housing agency, to develop a plan for the installation of green infrastructure within the stormwater master planning district, which as noted above, is the area of the combined sewer system. “Green infrastructure” is an approach to wet weather management that incorporates the use of practices and technologies that capture and reuse stormwater. Such practices include the construction/installation of rain gardens, porous pavement, green roofs, planters, tree boxes, and swales. The initial plan is to be submitted to the council not later than 90 days after the enactment of this ordinance, and is to be updated annually.
The director of Metro water services will be required to submit a list of green street projects to the mayor for suggested inclusion as part of the capital improvements budget. Once the capital improvements budget is adopted, Metro water services will be required to submit a prioritized list of green street projects to the mayor for recommended inclusion as part of the next capital spending plan. Any green street project within the stormwater master planning district will be maintained by Metro water services working in conjunction with the department of public works.
Additional areas of Davidson County could be included within the stormwater master planning district in the future upon adoption of a resolution of the council to that effect. Return to Agenda
ORDINANCE NO. BL2007-346 (TOLER & GOTTO) – This ordinance approves the routine adoption of the additions, deletions, and/or other amendments to the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government made during the previous year. These amendments are submitted annually by the department of public works. The map shows the dedicated streets and alleys that were either accepted or abandoned for public maintenance by Metro.
This ordinance has been approved by the planning commission. Return to Agenda
ORDINANCE NOS. BL2008-347 (HARRISON, TOLER & OTHERS) – This ordinance authorizes the acceptance of easements for various stormwater projects in Davidson County. These easements are being acquired at no cost to the Metropolitan Government. This ordinance has been approved by the planning commission.
This ordinance authorizes the acceptance of 28 easements for the following properties:
Property Address Council District
1515 Lebanon Pike 15
820 Dominican Drive 2
Highway 70 South, unnumbered 23
2406 Crestmoor Road 25
3514 Pin Hook Road 33
3334 Hamilton Church Road 33
901 South 5th Street 6
7201 Charlotte Pike 35
726 Old Hickory Boulevard 4
6509 Charlotte Pike 24
8400 Highway 100 35
1900 Belmont Boulevard 18
2321 Crestmoor Road 25
1608 County Hospital Road 2
841 Briley Parkway 13
6000 Highway 100 23
3300 Elm Hill Pike 13
5820 Nolensville Pike 31
7100 Highway 70 South 22
5621 Charlotte Pike 24
310 Oceola Avenue 24
Hicks Road, unnumbered 22
4540 Trousdale Drive 26
Dickerson Pike, unnumbered 10
2440 Music Valley Drive 15 Return to Agenda
ORDINANCE NOS. BL2008-348 (CLAIBORNE) – This ordinance abandons a portion of Century Boulevard from Perimeter Place Drive southeastward to a dead end. This portion of Metro right-of-way is no longer needed for government purposes. The ordinance retains all Metro easements. This ordinance has been approved by the traffic and parking commission and the planning commission. Return to Agenda
– BILLS ON THIRD READING –
ORDINANCE NO. BL2008-299 (PAGE, JAMESON & OTHERS) – This ordinance, as amended, amends the Metro zoning code to create a new land use for after hours establishments, and to add locational standards for this use. There is currently no specific use in the zoning code for after hours clubs. The operation of these establishments is regulated by the department of codes administration pursuant to another chapter in the Metro code, but these regulations do not pertain to the location of the establishments. Since there is no specific use in the zoning code, the zoning administrator considers an after hours establishment to be a “bar/nightclub”, which is allowed in the CS, CA, CF and CC zoning districts.
This ordinance creates a new use for after hours establishments, which would be permitted with conditions in the CA, CF, CC, IR and IG zoning districts. The ordinance defines after hours establishment as “a commercial establishment open to the general public after the hour of 3:00 a.m. that allows patrons to bring alcoholic beverages onto the premises (BYOB).” This definition is consistent with the definition in the regulations pertaining to the operation of these establishments.
As stated above, this use would be permitted with conditions, meaning no such establishments would be permitted by right anywhere in Davidson County. The applicable conditions pertain to the location of the business. At a minimum, after hours clubs would be required to have driveway access on an arterial street. Further, such clubs could not be located within 500 feet from the property line of any residential property. The 500 feet setback from residential property is the same setback the zoning code requires for airports, and is greater than the setback for sanitary landfills.
According to information provided by the planning department, there are currently fourteen after hours clubs in Nashville, ten of which are in the downtown area.
Ordinance No. BL2008-344 on second reading would prohibit after hours clubs from allowing patrons to consume alcohol on the premises. In light of Ordinance No. BL2008-344, this ordinance should be amended to remove the portion of the definition pertaining to bringing alcoholic beverages onto the premises. This ordinance has been approved by the planning commission. Return to Agenda
ORDINANCE NO. BL2008-307 (COLE, JAMESON & OTHERS) – This ordinance amends the Metropolitan Code to prohibit the parking of motor vehicles within bicycle lanes. The code currently provides that “motor vehicles should not be parked, stopped or left standing in bicycle lanes unless such activity is otherwise permitted.” However, the department of law has opined that this provision alone is insufficient to allow police officers to ticket vehicles parked in bike lanes unless there is additional signage stating that parking is not allowed.
This ordinance would expressly prohibit parking in the bicycle lanes unless the traffic and parking commission has determined that parking within the bicycle lane in specific locations is appropriate during certain hours, and signs have been erected in the designated areas allowing parking in the bicycle lane. Otherwise, parking in a bicycle lane would be punishable by a fine of fifty dollars, which is to be assessed through the issuance of a parking citation by the police department. This ordinance has been approved by the traffic and parking commission. Return to Agenda
ORDINANCE NO. BL2008-330 (MOORE) – This ordinance amends the Metropolitan Code to broaden the required qualifications for hiring a new executive director of the Metropolitan historical commission. The Code currently provides that the director is to possess a degree in history, preferably with postgraduate training, and must have at least five years' experience in “historical work”. However, the duties of the executive director now require that such person be more knowledgeable in zoning and land use regulations than history. This ordinance amends the criteria to require that the executive director have a degree in history, historic preservation, architectural history, or some related field such as land use planning or architecture. Further, the executive director would be required to have five years' experience in historic preservation or a related field. Return to Agenda
ORDINANCE NO. BL2008-331 (DURBIN) – This ordinance amends the Metropolitan Code provisions pertaining to smoking in Metropolitan Government buildings to bring our standards in line with the state law provisions governing smoking in public buildings. Our existing Code provisions prohibit smoking in Metro buildings unless the rooms are adequately ventilated to expel secondhand smoke or have a mechanical device to remove the smoke. Our ordinance also exempts certain areas of the convention center from the smoking ban.
In June 2007, the Governor signed the Tennessee Non-Smoker Protection Act, which bans smoking in almost all enclosed public places in Tennessee. This ordinance amends the Metro Code to be consistent with the new state law. Smoking will be prohibited in all Metro buildings and in all non-enclosed areas of public spaces where smoke can infiltrate into a government building. Return to Agenda
ORDINANCE NO. BL2008-332 (HODGE) – This ordinance amends the Metro fire code to exempt certain group homes from the sprinkler installation requirement. The council approved several local amendments to the National Fire Prevention Association fire code and the Life Safety Code when the latest versions were adopted pursuant to Ordinance No. BL2007-1390 in April 2007. These local amendments are more restrictive than what is included in the national code and required by the state. One of these more restrictive local amendments requires group homes to retrofit existing homes with automatic sprinkler systems. Specifically, Ordinance No. BL2007-1390 deleted a provision contained in the 2006 Life Safety Code that would have exempted small group homes from the sprinkler installation requirement when all occupants have the ability to move to a point of safety in a timely manner.
The council office and the department of law have discussed some concerns regarding the sprinkler requirement for group homes in light of the federal Fair Housing Act, and recommend that this ordinance be enacted to address the issue. This ordinance would eliminate the sprinkler requirement for existing and converted small board and care facilities, provided all occupants have the ability as a group to move to a reliable point of safety in a timely manner, as determined by the fire marshal. Sprinklers would still be required for newly-constructed group homes and those homes in which the residents cannot quickly move to a point of safety.
The council office strongly encourages the Council to enact this ordinance, as a failure to do so would likely subject the Metropolitan Government to costly litigation. The council office would point out that violations of the Fair Housing Act can result in monetary damages, injunctive relief and attorney fees. Return to Agenda
ORDINANCE NOS. BL2008-335 through BL2008-337 – These three ordinances abandon water and sewer lines and easements that are no longer needed by the department of water and sewerage services. The ordinances provide that future amendments may be approved by resolution of the council. These ordinances have been approved by the planning commission.
Ordinance No. BL2008-335 (TOLER) abandons an 8” sanitary sewer line and the 4”, 8” and 10” water lines, along with the corresponding easements, at phase three of the Carothers Crossing development on Carothers Road, east of Battle Road. Return to Agenda
Ordinance No. BL2008-336 (TOLER) abandons an 8” sanitary sewer line and easement at 3717 West End Avenue. The existing sewer line and easement is to be replaced with a new line and easement on the property. Return to Agenda
Ordinance No. BL2008-337 (GILMORE & TOLER) abandons an 8” sanitary sewer line and easement and approves the installation of a manhole at 1220 Laurel Street. Return to Agenda
ORDINANCE NO. BL2008-338 (GILMORE, LANGSTER & HARRISON) – This ordinance, as amended, authorizes the mayor to submit the annual update to the five year consolidated plan for housing and community development programs for the Metropolitan Government to the U.S. department of housing and urban development (HUD). This five year consolidated plan was prepared by the Metropolitan development and housing agency (MDHA) and is administered by MDHA. The plan includes the allocation of funds received from HUD for community development block grants (CDBG), the HOME investment partnerships program (HOME), the emergency shelter grant program (ESG), and the housing opportunities for persons with AIDS (HOPWA). The current five year plan was approved by the council in December 2004.
CDBG funds are based on new entitlement funding in the amount of $4,900,000, with program income of $470,000 during the coming year. These CDBG funds are to provide matching funds for affordable housing activities and to provide neighborhood activity funds for youth initiative programs and community projects. A large portion of the CDBG funds are targeted at specific neighborhood strategy areas (NSAs) and commercial district areas. The CDBG funds will be used as follows:
• $540,000 for administration of the program
• $440,000 for planning
• $325,000 for property acquisition
• $1,385,000 for housing rehabilitation
• $1,185,000 for the NSAs and commercial district target areas
• $500,000 for special neighborhood activities
• $400,000 for economic development loans
• $300,000 for property acquisition
• $175,000 for affordable housing services
• $445,000 for Section 108 repayments
The NSAs included in the plan are Jefferson Street, SoBro, Booker, Bordeaux Hills, Buchanan Street, Cameron, Cass, Cleveland Park, Martin Street, Murfreesboro Road, Salemtown and South Inglewood. Maps that set out the boundaries for all of the NSAs and commercial district target areas are on file with MDHA.
HOME funds are to provide a mixture of owner-occupied and rental rehabilitation, new housing ownership programs, new multi-family housing opportunities, down payment assistance and housing assistance through non-profit community housing development organizations. A required twenty-five percent local match must be provided from repayments of urban development action grants (UDAG). UDAGs are federal loans made to qualifying programs, essentially in the downtown area, which are repaid to the Metropolitan Government to be expended in approved programs that target persons living in pockets of poverty. The annual update shows proposed HOME program allocations of $3,720,000 for next year.
ESG funds are allocated to local homeless shelter providers to help cover operational expenses, prevention services, and essential services. Most of the funds are distributed to subgrantee shelters to cover their operational costs. Local matching funds required under this program must be provided by the local non-profits that participate in the program as subgrantees. The consolidated plan update shows a proposed allocation of $220,000 in ESG funds next year.
The HOPWA program provides housing related assistance for low-income persons with AIDS and their families. The plan shows proposed allocations in the amount of $795,000 for this program.
This ordinance also includes an amendment to the annual update to the consolidated plan for HUD's new Neighborhood Stabilization Program. This program provides emergency assistance to state and local governments for the acquisition and redevelopment of foreclosed properties. This one-time allocation will provide $4,051,398 in funding to acquire foreclosed properties that would otherwise become a source of blight. An application for the federal funding for this program is the subject matter of Resolution No. RS2008-534.
The ordinance specifically provides that all requested program expenditures associated with the CDBG program and the Neighborhood Stabilization Program must be approved by resolution of the council. Further, the use of these federal funds to acquire property by eminent domain is expressly reserved for the council. Return to Agenda
ORDINANCE NO. BL2008-339 (MATTHEWS, TOLER & FORKUM) – This ordinance authorizes the director of public property administration to acquire easements by negotiation or condemnation for two parcels of property on Cato Road for the Cato Road Bridge public works project. The easement costs will be paid from capital funds set aside for bridge maintenance projects.
This ordinance has been approved by the planning commission. Return to Agenda
ORDINANCE NOS. BL2008-340 & BL2008-341 – These two ordinances accept contributions from private developers for infrastructure improvements to be made by the department of public works that will enhance their developments. These funds will be deposited into a fund designated by the director of finance as a contribution towards the improvements.
Ordinance No. BL2008-340 (TOLER & FORKUM) accepts $110,000 from Murphy Development, LLC for transportation infrastructure improvements in the Swiss Avenue area. These improvements are needed as a result of the Swiss View and Hermitage Manor developments. Return to Agenda
Ordinance No. BL2008-341 (TOLER & FORKUM) accepts $133,500 from Centex Homes for transportation infrastructure improvements in the southeast infrastructure deficiency area as a result of a 133 unit development on Pettus Road. Return to Agenda
ORDINANCE NOS. BL2008-342 & BL2008-343 – These two ordinances abandon portions of Metro right-of-way no longer needed for government purposes. The ordinances do retain all Metro easements.
Ordinance No. BL2008-342 (DURBIN) abandons a portion of Acklen Avenue from Alley No. 436 westward to the dead end. This closure has been requested by Littlejohn Engineering for the expansion of a pharmacy. Consent of Belmont University, the owner of the affected properties, is on file with the department of public works. This ordinance has been approved by the traffic and parking commission and the planning commission. Return to Agenda
Ordinance No. BL2008-343 (GILMORE & LANGSTER) abandons a portion of Alley No. 616 from Spruce Street to Jo Johnson Avenue. This closure has been requested by Spruce Street Baptist Church for the stated purpose of “community safety and beautification”. Consent of the affected property owners is on file with the department of public works. This ordinance was disapproved by the traffic and parking commission and the planning commission. Return to Agenda