Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, August 16, 2011
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Criminal Court Clerk
Nominees: Ms. Gayle S. Barbee; Mr. Michael Craddock; Mr. Frank G. Friedman;
Mr. Howard C. Gentry Jr.; Mr. Steven R. Murff.

Hospital Authority
Appointment of Dr. Jan Brandes for a term expiring June 28, 2016.
Reappointment of Dr. Michele Williams for a term expiring July 11, 2016.

Plumbing Examiners and Appeals Board
Appointment of Mr. Frank Sullivan for a term expiring February 15, 2015.
Mr. Sullivan will serve as the registered plumber.

- RESOLUTIONS -

RESOLUTION NO. RS2011-1782 (Barry, Maynard)  
Referred to Budget & Finance Committee

A resolution repealing Resolution No. RS2011-1707 for the purpose of rescinding the Metropolitan Council’s approval of a grant in an amount not to exceed One Million Six Hundred Ten Thousand Dollars ($1,610,000) for the benefit of IQT, Inc.

RESOLUTION NO. RS2011-1783 (Barry)    
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, for funding to conduct arts projects in Davidson County.

RESOLUTION NO. RS2011-1784 (Forkum, Barry)    
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide personal care services and homemaker services to eligible clients under the options program.

RESOLUTION NO. RS2011-1785 (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 Board of Health, and Meharry Medical College to provide a physician or resident physician to staff a mobile clinic to provide obstetrical and pediatric medical care to participants enrolled in the Music City Healthy Start Program.

RESOLUTION NO. RS2011-1786 (Forkum) 
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 Board of Health, and Benedictine University to provide internship opportunities for students seeking a Master’s Degree in Public Health.

RESOLUTION NO. RS2011-1787 (Forkum)  
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Three to the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to establish responsibilities in complying with the Tuberculosis Trials Consortium.

RESOLUTION NO. RS2011-1788 (Barry, Toler, Forkum)   
Referred to Budget & Finance, Education
Health, Hospitals & Social Services
and Personnel Committees

A resolution authorizing the implementation of an incentive program for employees enrolled in the self-insured medical plans of the Metropolitan Government to utilize the Healthcare Centers of the Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2011-1789 (Barry)  
Referred to Budget & Finance
and Personnel Committees

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare adults for re-entry into the labor force (LW09P111ADULT12).

RESOLUTION NO. RS2011-1790 (Barry)  
Referred to Budget & Finance
and Personnel Committees

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09P111DSLWK12).

RESOLUTION NO. RS2011-1791 (Barry)   
Referred to Budget & Finance
and Public Works Committees

A resolution approving cooperative agreement No. 11ESTNGEML00042 with the United States Department of the Interior - United States Geological Survey to maintain in cooperation with The Metropolitan Government of Nashville and Davidson County the installation of backup radio modems for flood warning gauges and webcams in various streams in Davidson County.

RESOLUTION NO. RS2011-1792 (Barry)    
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in conjunction with Animal Control, to purchase materials to construct animal shelters.

RESOLUTION NO. RS2011-1793 (Langster, Barry)    
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a PAWS Dog Houses Grant from The Memorial Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in collaboration with the Metropolitan Animal Control Center to build animal shelters and a work shed.

RESOLUTION NO. RS2011-1794 (Langster, Barry)   
Referred to Budget & Finance, Public Works
and Public Safety Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, to reduce litter along county, state, and interstate highways within Davidson County.

RESOLUTION NO. RS2011-1795 (Langster, Barry)   
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the Public Defender Corps Fellowship to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Public Defender’s Office, to serve as a host site for a national pilot program called the Public Defender Corps.

RESOLUTION NO. RS2011-1796 (Ryman, Langster)   
Referred to Budget & Finance
and Public Safety Committees

A resolution approving amendment one to the Interlocal Mutual Aid Agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, and the City of Goodlettsville for mutual firefighting, rescue, and first responder EMS assistance.

RESOLUTION NO. RS2011-1797 (Langster, Barry)    
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between the United States Department of Justice, Drug Enforcement Administration (DEA), and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to provide police assistance to the Middle Tennessee Drug Enforcement Task Force.

RESOLUTION NO. RS2011-1798 (Jameson, Maynard, Barry)    
Referred to Budget & Finance
and Parks Committees

A resolution approving a grant by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, and the Metropolitan Development and Housing Agency for the Kirkpatrick Park Summer Enrichment Program to offer children in the neighborhood enrichment activities during the summer.

RESOLUTION NO. RS2011-1799 (Maynard, Barry)    
Referred to Budget & Finance
and Parks Committees

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide twelve big band dances in Centennial Park.

RESOLUTION NO. RS2011-1800 (Gilmore, Maynard, Barry)   
Referred to Budget & Finance
and Personnel Committees

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs to support the Music City Workforce Development Program’s off-site location facilitated by the Jefferson Street United Merchants Partnership (J.U.M.P.).

RESOLUTION NO. RS2011-1801 (Maynard, Barry)    
Referred to Budget & Finance
and Parks Committees

A resolution approving Amendment One to a package of grants from the Friends of Warner Parks to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide staffing for the Warner Parks Center and Nature Center support, the Waterer Program, and the SWEAT Program for additional labor for summer maintenance.

RESOLUTION NO. RS2011-1802 (Barry, Hodge)    
Referred to Budget & Finance and Public Works Committees

A resolution approving Cooperative Agreement No. 68-4741-1-084 with the United States Department of the Agriculture – National Resources Conservation Service to stabilize the stream bank at Whites Creek.

RESOLUTION NO. RS2011-1803 (Gilmore)     
Approved by Planning Commission
Referred to Public Works and Planning Zoning Committees

A resolution authorizing Jefferson Street Lofts LP, DBA Germantown Place, to construct, install and maintain an aerial encroachment at 310 Jefferson Street (Proposal No. 2011M-005EN-001).

RESOLUTION NO. RS2011-1804 (Langster)   
Approved by Planning Commission
Referred to Public Works and Planning Zoning Committees

A resolution authorizing 2020 West End Group Associates, GP, DBA Five Guys, to construct, install, and maintain an aerial encroachment at 2016 West End Avenue (Proposal No. 2011M-009EN-001).

RESOLUTION NO. RS2011-1805 (Jameson)    
Approved by Planning Commission
Referred to Public Works and Planning Zoning Committees

A resolution authorizing Papa Russell, Inc., DBA The National Underground, to construct, install, and maintain an aerial encroachment at 105 Broadway (Proposal No. 2011M-010EN-001).

RESOLUTION NO. RS2011-1806 (Page, Moore)     
Approved by Planning Commission
Referred to Public Works and Planning Zoning Committees

A resolution authorizing Nashville Data Link, Inc., to construct, install and maintain an aerial encroachment at 4th Avenue South, Nolensville Pike, Rains Avenue, Herron Drive and Interstate Boulevard South (Proposal No. 2011M-008EN-001).

RESOLUTION NO. RS2011-1807 (Barry)     
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Nora Davis, Debra Tuders, Ben Upton, and Elizabeth Upton against the Metropolitan Government of Nashville and Davidson County in the amount of $195,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2011-1808 (Barry)    
Referred to Budget & Finance Committee

A resolution setting a public hearing regarding the acquisition and financing of certain public improvements within the proposed Biltmore Ridges Development (the “Development”) and the assessment of costs against the owners of properties within the Development.

RESOLUTION NO. RS2011-1809 (Adkins)     
Referred to Rules Committee

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

- 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. BL2011-901 (Cole, Toler)     
(As Amended)
Approved by Planning Commission (7-0)
and Planning & Zoning Committee

An ordinance amending Chapters 17.08, 17.12, 17.16 and 17.40 of Title 17 of the Metro Zoning Code to create a new land use called "Single-Family Cottage Development" and to allow it in all two-family (R) zoning districts, and to make a technical change to Chapter 17.40 pertaining to variances (Proposal No. 2011Z-006TX-001).

BILL NO. BL2011-923 (Cole, Toler)    
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapters 17.04 and 17.12 of Title 17 of the Metro Zoning Code to amend the definition of “Cottage Development, Single-Family” and the standards for Single-Family Cottage Developments (Proposal No. 2011Z-010TX-001).

SUBSTITUTE BILL NO. BL2011-935 (Wilhoite)
Disapproved by Planning Commission (8-1)
Referred to 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).

BILL NO. BL2011-962 (Tygard)     
Approved by 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)     
Approved by 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, Garrett)    
(As Amended)
Approved by Planning Commission
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) 
Approved by 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
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
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)  
Approved by 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 & others)   
Approved by Planning Commission
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)    
Approved by 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.

- 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. RS2011-1810 (LaLonde)
Referred to Budget & Finance Committee

A resolution requesting the Metropolitan Department of Law to prepare and file an amicus brief in support of the plaintiffs’ lawsuit challenging the constitutionality of the Equal Access to Intrastate Commerce Act.

RESOLUTION NO. RS2011-1811 (Gotto)
Referred to Codes Committee

A resolution calling for the Mayor to consider alternative areas to the Historic Fairgrounds of Davidson County for Economic Development Initiatives.

RESOLUTION NO. RS2011-1812 (Hollin)
Referred to Rules Committee

A resolution supporting the actions of the high school students that participated in the protests of Senate Bill SB0049, commonly referred to as the “Don’t Say Gay” bill, outside the State Capitol.

RESOLUTION NO. RS2011-1813 (Jameson)
Referred to Codes Committee

A resolution recommending implementation of the Metro Tree Advisory Committee’s proposal for managing Nashville’s urban forest.