Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, December 20, 2011
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Public Administrator, Public Guardian, Public Trustee Election
Nominees: Public Administrator – Peggy Mathes; Public Guardian - Jeanan Mills Stuart;
Public Trustee – Michael M. Castellarin.

Alarm Appeals Board
Reappointment of Ms. Donna Grayer for a term expiring November 4, 2013.
Appointment of Mr. Randy Hendricks for a term expiring November 5, 2013.
Reappointment of Mr. Charles Scott for a term expiring January 31, 2013.

Nashville Education, Community and Arts Television Corporation (NECAT)
Appointment of Ms. Daphne Davis for a term expiring February 5, 2014.
Ms. Davis will fill the unexpired term of Ms. Jan Meryl Davidson.

Stormwater Management Committee
Appointment of Mr. Monte Turner for a term expiring October 31, 2015.

- PUBLIC HEARINGS -

RESOLUTION NO. RS2011-111 (S. Davis)
Referred to Public Safety Committee

A resolution exempting The Pharmacy located at 731 McFerrin Avenue from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

RESOLUTION NO. RS2011-112 (Gilmore)
Referred to Public Safety Committee

A resolution exempting GoGo Sushi, LLC located at 2057 Scarritt Place from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

RESOLUTION NO. RS2011-113 (Gilmore)
Referred to Public Safety Committee

A resolution exempting Marathon Music Works located at 1402 Clinton Street 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. RS2011-59 (Langster, McGuire)
(As Amended)
Approved by Budget & Finance Committee
No Recommendation Health, Hospitals & Social Services Committee

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 the Corinthian Missionary Baptist Church to improve kitchen facilities in the Church by purchasing new equipment and to develop and promote community gardens in North Nashville.

RESOLUTION NO. RS2011-114 (McGuire, Hunt)
Referred to Budget and Finance Committee

A resolution authorizing and providing for the issuance, sale and payment of subordinate lien water and sewer revenue bonds; amending Resolution RS2009-995; and supplementing Resolution RS2010-1442 to make certain modifications thereto.

RESOLUTION NO. RS2011-115 (Hunt, McGuire)
Referred to Budget and Finance Committee

A resolution supplemental to Resolution No. RS2011-114, authorizing the execution, terms, issuance, sale and payment of subordinate lien water and sewer revenue refunding bonds in an aggregate principal amount of not to exceed $165,000,000.

RESOLUTION NO. RS2011-116 (Moore, Langster)
Referred to Federal Grants Review Committee

A resolution authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

RESOLUTION NO. RS2011-117 (Moore, Langster)
Referred to Federal Grants Review Committee

A resolution authorizing the Metropolitan Mayor to assign the Certifying Officer authority to the Metropolitan Development and Housing Agency regarding applicable requirements of the National Environmental Policy Act of 1969 with regard to Housing and Urban Development funds administered by the Metropolitan Development and Housing Agency on behalf of Metropolitan Nashville and Davidson County.

RESOLUTION NO. RS2011-118 (McGuire)
Referred to Budget & Finance Committee

A resolution accepting a grant from the Community Foundation of Middle Tennessee, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, to work with staff, TPAC and HandsOn Nashville to complete three educational tools for public art, including flood commemorative public art installations.

RESOLUTION NO. RS2011-119 (Langster, McGuire)
Referred to Budget & Finance Committee

A resolution approving an application for the Childhood Obesity Prevention Grant from the U. S. Conference of Mayors to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2011-120 (Langster, McGuire)
Referred to Budget & Finance
and Health, Hospitals and Social Services Committees

A resolution accepting a grant from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for retail food store inspection, reporting, and enforcement.

RESOLUTION NO. RS2011-121 (McGuire)
Referred to Budget & Finance
and Parks & Library Committees

A resolution approving an application for the Library Services and Technology Act (LSTA) Grant from the State of Tennessee, Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to increase the library staff’s knowledge and skills in assisting the public with electronic devices used to read E-books.

RESOLUTION NO. RS2011-122 (McGuire)
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, for work necessary due to damage caused by severe storms in April 2011 (Presidential Disaster Declaration Number FEMA-1978-DR-TN).

RESOLUTION NO. RS2011-123 (Claiborne, McGuire)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committee

A resolution to establish a new fee structure for all Metro Planning Commission zoning code related applications (Proposal No.2012OT-001-001).

RESOLUTION NO. RS2011-124 (Langster)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Park 25, LLC to install, construct and maintain an aerial encroachment in the right-of-way of Alley No. 923 (Proposal No. 2012M-002EN-001).

- BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2011-82 (Claiborne, Hunt, McGuire)

An ordinance adding a new Chapter 10.90 to the Metropolitan Code of Laws to authorize the acceptance of incomplete infrastructure for public completion and maintenance under limited circumstances in the interest of public health and safety.

BILL NO. BL2011-83 (Stanley)

An ordinance amending Chapter 15.52 of the Metropolitan Code pertaining to the extension of water mains to properties served by wells.

BILL NO. BL2011-84 (Harmon, Potts & others)
Approved by Planning Commission

An ordinance authorizing the acquisition of certain right of way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2011-M-4, sidewalk improvements on Harding Place from Nolensville Pike to I-24 (Proposal No. 2012M-002PR-001).

BILL NO. BL2011-85 (McGuire, Hunt)
Approved by Planning Commission

An ordinance authorizing the acquisition of certain right of way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2010-B-002, bridge replacement on Orlando Avenue (Proposal No. 2010M-027ES-001).

BILL NO. BL2011-86 (Langster, Hunt)
Approved by Planning Commission

An ordinance abandoning 450 feet of an 8 inch sanitary sewer line and public utility easements retained by Ordinance No. O65-483 and Ordinance No. O79-1477 and to accept the relocation of 234 feet of an 8 inch DIP sewer main and a manhole located at 28th Avenue North (unnumbered) (Proposal No. 2011M-015ES-001).

BILL NO. BL2011-87 (Moore)
Approved by Planning Commission

A ordinance authorizing Trevecca Nazarene University to install, construct and maintain an underground encroachment between 93 and 86 Nance Lane (Proposal No. 2012M-001EN-001).

- BILLS ON SECOND READING -

BILL NO. BL2011-16 (Baker)
Disapproved by Planning Commission
Approved by ECD Board (6-0)
Referred to Public Works, Traffic & Parking
and 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 changing the name of Centennial Place to “Wayne Wise Place” (Proposal No. 2011M-001SR-001).

BILL NO. BL2011-49 (Blalock)
Referred to Budget & Finance
Convention & Tourism, Public Safety
and Transportation & Aviation Committees

An ordinance amending Chapter 6.74 of the Metropolitan Code pertaining to the regulation and operation of motorized, non-taxi passenger vehicles for hire.

BILL NO. BL2011-56 (Tygard, Weiner)
Referred to Rules Committee

An ordinance naming the General Sessions Court Judicial Library in honor of Judge Leon Ruben.

BILL NO. BL2011-57 (Pridemore, Pardue)
Referred to Public Safety
and Planning & Zoning Committees

An ordinance naming the Madison Police Precinct in honor of Officer Paul Scurry.

BILL NO. BL2011-58 (McGuire, Banks, Johnson)
Referred to Budget & Finance Committee

An ordinance authorizing the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to LifePoint Corporate Services General Partnership (a subsidiary of LifePoint Hospitals, Inc.) and its Project Developer.

BILL NO. BL2011-59 (Mitchell)
Referred to Budget & Finance
and Public Safety Committees

An ordinance approving an affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, Division of Emergency Medical Services, and Bar Education, Inc. for students to receive clinical instruction and training.

BILL NO. BL2011-60 (Steine)
Referred to 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 August 16, 2011.

BILL NO. BL2011-61 (Jernigan)
Approved by Planning Commission
Referred to ECB Board, Traffic & Parking Commission
Public Works, Traffic & Parking
and 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 changing the name of a portion of Sixth Street to “Jones Pointe” (Proposal No. 2011M-003SR-001).

BILL NO. BL2011-62 (Moore)
Approved by Planning Commission
and Traffic & Parking Commission (8-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Paul McRedmond

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 12th Avenue South (Proposal No. 2011M-011AB-001).

BILL NO. BL2011-63 (Todd, Hunt)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing the abandonment of 102 feet of storm sewer and a 10 foot public utility and drainage easement on properties located at 620 and 624 Belle Park Circle on the north side of Forrest Park Drive in connection with Project 11-DL-45 (Proposal No. 2011M-018ES-001).

BILL NO. BL2011-65 (Gilmore, Barry)
Referred to Codes
and Public Safety Committees

An ordinance amending Section 11.12.070 of the Metropolitan Code to limit noise from establishments in the downtown area during hours when they are not open for business.

- BILLS ON THIRD READING -

BILL NO. BL2011-50 (McGuire, Barry)
Approved by Budget & Finance
and Personnel Committees

An ordinance granting the Purchasing Agent and the Metropolitan Employee Benefit Board the authority to extend the current medical plan contracts for up to two years.

BILL NO. BL2011-51 (Stanley, McGuire, Jernigan)
Approved by Planning Commission
Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance approving two agreements relating to the acquisition of property for use as a public park and open space (Proposal No. 2011M-021PR-001).

BILL NO. BL2011-52 (McGuire, Hunt)
Approved by Budget & Finance, Traffic & Parking
and Public Works Committees

An ordinance approving and accepting a combined contribution in the total amount of $60,000 from Hillsboro Plaza Retail Partners III, LLC and Davis Street Land Company of Tennessee, L.L.C. toward the cost of signal improvements at the intersection of Abbott Martin Road and Hillsboro Pike in Green Hills.

BILL NO. BL2011-53 (Gilmore, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing the acceptance of a right-of-entry and easement from Grand Ole Opry, LLC on a portion of the property located at 116 Opry Place, approximately 215 feet south of Commerce Street, to install a fire hydrant (Proposal No. 2011M-019ES-001).

BILL NO. BL2011-54 (Todd, McGuire, Hunt)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of a property or easement to be used for an upgrade to the Hillview Water Pumping Station, Project No. 10-WG-0063, on property located at 900 Old Hickory Boulevard (Proposal No. 2011M-011ES-001).

BILL NO. BL2011-55 (Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2011M-001OT-001).