Metro Seal

Agenda

Adjourned
Metropolitan Council Meeting
Tuesday, June 19, 2012
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PUBLIC HEARING -

RESOLUTION NO. RS2012-300 (McGuire)
Referred to Public Safety Committee

A resolution exempting Taziki’s Mediterranean Café located at 2190 Bandywood Drive 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. RS2012-245 (McGuire, Barry)
Referred to Budget & Finance Committee

A resolution providing additional compensation for the Davidson County Criminal Court Clerk in an amount equal to ten percent (10%) of his base compensation pursuant to T.C.A. § 8-24-102(j)(2).

RESOLUTION NO. RS2012-273 (McGuire)
Approved by Personnel Committee
Referred to Budget & Finance Committee

A resolution adopting a new pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County, excluding employees of the Board of Health, Board of Education and the Fire and Police Departments, effective July 1, 2012 and July 1, 2013.

RESOLUTION NO. RS2012-274 (McGuire)
Approved by Personnel and Public Safety Committees
Referred to Budget & Finance Committee

A resolution adopting a new pay plan for the employees of the Metropolitan Departments of Fire and Police, effective July 1, 2012 and July 1, 2013.

RESOLUTION NO. RS2012-275 (McGuire)
Approved by Health, Hospitals & Social Services
and Personnel Committees
Referred to Budget & Finance Committee

A resolution adopting a new pay plan for the employees of the Metropolitan Board of Health, effective July 1, 2012.

RESOLUTION NO. RS2012-276 (McGuire)
Referred to Budget & Finance Committee

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed Two Hundred Ninety-Seven Million Six Hundred Sixty Thousand Dollars.

RESOLUTION NO. RS2012-301 (McGuire)
Referred to Budget & Finance Committee

A resolution approving Amendment Two to a grant from the Southeast Energy Efficiency Alliance to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Environment and Sustainability, to increase residential energy efficiency building retrofits which include financial incentives to homeowners and community outreach programs.

RESOLUTION NO. RS2012-302 (Langster, McGuire)
Referred to Budget & Finance
and Health, Hospitals & 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. RS2012-303 (Langster, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Six to a grant from the United States Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the ongoing collection of data on ambient air concentrations for fine particulate matter in Davidson County.

RESOLUTION NO. RS2012-304 (Langster, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Six to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to protect air quality to achieve established ambient air standards and protect human health.

RESOLUTION NO. RS2012-305 (McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution appropriating funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program by funding a comprehensive child development program.

RESOLUTION NO. RS2012-306 (Moore, S. Davis, McGuire)
Referred to Budget & Finance
and Parks Committees

A resolution accepting 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 Swim Youth Enrichment Program to provide vital swim lessons and water safety training for children living in neighborhoods around community pools.

RESOLUTION NO. RS2012-307 (Westerholm, McGuire, Jernigan)
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. RS2012-308 (Matthews, Bennett & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving three amendments to three agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste disposal facilities.

RESOLUTION NO. RS2012-309 (Gilmore, Hunt)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing the execution of a Supplemental Agreement with CSX Transportation, Inc., allowing the Department of Water and Sewerage Services to construct and maintain water lines in the railroad right-of-way South of the intersection of Herman Street and 17th Avenue North.

RESOLUTION NO. RS2012-310 (Harmon, Hunt, McGuire)
Referred to Budget & Finance
and Public Works Committees

A resolution approving Amendment One which adds Safety Improvement Program funds for crosswalks and pedestrian signals at four Harding Place intersections to an agreement between the State of Tennessee, Department of Transportation, and The Metropolitan Government, PIN Number 114944.00.

RESOLUTION NO. RS2012-311 (Harmon, Hunt & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an Amendment providing a one year extension to the notice to proceed with the construction phase deadline in an agreement between the Tennessee Department of Transportation and The Metropolitan Government, PIN Number 111998.00.

RESOLUTION NO. RS2012-312 (McGuire)
Referred to Budget & Finance
and Rules Committees

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Election Systems & Software, LLC, for the lease of voting equipment.

RESOLUTION NO. RS2012-313 (Steine)
Referred to Rules Committee

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

RESOLUTION NO. RS2012-314 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Premier Parking of Tennessee, LLC to install, construct and maintain an aerial encroachment at 421 Church Street for Modern Trousseau (Proposal No. 2012M-010EN-001).

RESOLUTION NO. RS2012-315 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Lifeway Christian Resources to install, construct and maintain an aerial encroachment at 1 Lifeway Plaza (Proposal No. 2012M-012EN-001).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2012-184 (Allen)

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 the 25th Avenue South right-of-way and easements (Proposal No. 2012M-007AB-001).

BILL NO. BL2012-185 (McGuire, Hunt)
Approved by Planning Commission

An ordinance authorizing the acquisition of a sewer line easement on property located at 1114 Brookmeade Drive (Proposal No. 2012M-010ES-001).

BILL NO. BL2012-186 (Tygard, McGuire, Hunt)

An ordinance authorizing the donation to the Middle Tennessee Council of the Boy Scouts of America of a floating dock acquired in connection with the Metropolitan Government’s purchase of a home damaged in the May, 2010 flood.

- BILLS ON SECOND READING -

BILL NO. BL2012-161 (Tygard, Maynard, Weiner)
Referred to Personnel Committee

An ordinance amending Section 3.04.010 of the Metropolitan Code to require all new employees of the Metropolitan Government to be residents of Davidson County.

BILL NO. BL2012-162 (Todd, Duvall, Claiborne)
Referred to Budget & Finance
and Personnel Committee

An ordinance amending Section 3.24.010 of the Metropolitan Code pertaining to health insurance benefits for members of the Metropolitan Council.

BILL NO. BL2012-164 (Mitchell)
Referred to Public Safety Committee

An ordinance approving a clinical affiliation agreement with Volunteer State Community College and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department’s EMS Office and Emergency Ambulance and Rescue Service, for the participation and clinical training of students enrolled in the Emergency Medical Technician Programs of the institution.

BILL NO. BL2012-165 (Dominy, Stites & others)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County and Nashville Soccer, LLC for the lease of premises commonly known as Ezell Park (Proposal No. 2012M-009PR-001).

BILL NO. BL2012-166 (Langster, McGuire, Hunt)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to enter a participation agreement with Southern Land Company to repair approximately 50 lineal feet of an 18 inch public combined sewer main and install one public manhole near 2300 Elliston Place (Project No. 11-SL-36A).

BILL NO. BL2012-167 (Langster, McGuire, Hunt)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to enter a participation agreement with 40th Avenue Church of Christ for the construction of approximately 2,300 lineal feet of a 12 inch water main and all appurtenances in 40th Avenue North from Charlotte Avenue to Catherine Johnson Parkway (Project No. 11-WG-0039).

BILL NO. BL2012-168 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Dale & Assoc.

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 Elm Hill Pike right-of-way (Proposal No. 2012M-002AB-001).

BILL NO. BL2012-169 (McGuire)
Approved by Planning Commission
and Traffic & Parking Commission (5-0-1)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: David Lipscomb University

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 Pittman Place and Rosemont Avenue right-of-way and easements (Proposal No. 2012M-004AB-001).

BILL NO. BL2012-170 (Harrison)
Approved by Planning Commission
Referred to ECD Board, 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 Terrace Avenue to “Summitt Avenue” (Proposal No. 2012M-003SR-001).

BILL NO. BL2012-171 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission (5-0-1)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Cresent Enterprises Inc.

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 Jefferson Street right-of-way (Proposal No. 2012M-005AB-001).

BILL NO. BL2012-172 (S. Davis)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
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 abandoning a portion of an unnumbered alley right-of-way and easements (Proposal Number 2012M-003AB-001).

- BILLS ON THIRD READING -

BILL NO. BL2012-99 (Moore)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
105-7-407 Tony & Maryan Sarmadi

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 the SP District (adopted with Council Bill BL2006-1229) for the previously approved H & M Motors Specific Plan District located at 1525 4th Avenue South, at the northwest corner of 4th Avenue South and Mallory Street (0.44 acres), to permit Auto Sales New, Auto Sales Used, Auto Service and all uses permitted by MUL-A zoning and to remove the condition required by BL2006-1229 for a sidewalk along Mallory Street, all of which is described herein (Proposal No. 2006SP-105-002).

SUBSTITUTE BILL NO. BL2012-107 (Johnson)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Chapter 17.40 of the Metropolitan Code to require replacement sign panels in multi-tenant developments to be consistent with the other signage on the property, all of which is more particularly described herein (Proposal No. 2012Z-004TX-001).

SUBSTITUTE BILL NO. BL2012-143 (Baker)
Planning Commission – Approved (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
103-2-32 thru 35 Paul & Michele Somers, Somers Properties, LLC
Requested by: DHJ Associates

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 the R6 to SP district for properties located at 200, 202, 204 and 206 Oceola Avenue, at the northeast corner of Oceola Avenue and Burgess Avenue (0.91 acres), to permit all uses of the OL district with certain exceptions, all of which is described herein (Proposal No. 2012SP-014-001).

BILL NO. BL2012-151 (Todd)
Planning Commission – Approved with conditions (9-0) disapprove without
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
159-55 Granny White Cabin Realty
Requested by: Civil Site Design Group

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 RS40 to SP zoning for property located at 5570 Granny White Pike, approximately 300 feet north of Oman Drive (61.23 acres), to permit up to 57 residential units, all of which is described herein (Proposal No. 2012SP-005-001).

BILL NO. BL2012-152 (McGuire)
Planning Commission - Approved (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
117-16-186 Debra & Raouf Mattin

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 CN zoning for property located at 1119 Morrow Avenue, approximately 50 feet east of Granny White Pike (0.17 acres), and within the Lipscomb University Institutional Overlay District, all of which is described herein (Proposal No. 2012Z-006PR-001).

BILL NO. BL2012-154 (McGuire)
Re-referred to Budget & Finance Committee

A bill to be entitled: The Budget Ordinance of the Metropolitan Government of Nashville and Davidson County, Tennessee for Nashville and Davidson County, Tennessee for Fiscal Year 2012-2013.

BILL NO. BL2012-155 (McGuire)
Re-referred to Budget & Finance Committee

An ordinance establishing the tax levy in the general services district for the fiscal year 2012-2013, and declaring the amount required for the annual operating budget of the urban services district, pursuant to section 6.07 of the Metropolitan Charter.

BILL NO. BL2012-157 (McGuire)
Approved by Budget & Finance Committee

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2012-2013.

BILL NO. BL2012-163 (McGuire)
Approved by Planning Commission
and Budget & Finance Committee

An ordinance authorizing the Metropolitan Department of Law to compromise and settle its claims against XO Communications Services, LLC for unpaid right-of-way franchise fees; and authorizing the establishment of a franchise arrangement with XO; and further authorizing a two-year extension to Contract No. 16186 for the provision of dark fiber by XO to the Metropolitan Government.