Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, February 19, 2008
6:30 p.m. Council Chamber
Metropolitan Courthouse


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Mr. Robert McNeilly for a term expiring February 2, 2011.

Alarm Appeals Board
Appointment of Ms. Karen Brown Beard for a term expiring November 10, 2009.

Arts Commission
Appointment of Ms. Jean Ann Banker for a term expiring January 1, 2012.
Appointment of Ms. Laurie Eskind for a term expiring January 1, 2009.
Appointment of Mr. Victor Simmons for a term expiring January 1, 2012.

Community Corrections Advisory Board>
Appointment of Ms. Jude White for a term expiring November 10, 2009.

Educational Access Corporation
Reappointment of Dr. Cavit Cheshier for a term expiring February 5, 2011.

Electrical Examiners and Appeals Board
Appointment of Mr. James Shaw for a term expiring February 2, 2012.
Mr. Shaw will serve as the Union Electrician representative.

Emergency Communications District Board
Reappointment of Mr. James Buford Tune for a term expiring February 14, 2012.
Mr. Tune will serve as the School District 6 representative.

Traffic and Parking Commission>
Appointment of Mr. Dick Morin for a term expiring April 3, 2010.
Mr. Morin will fill the unexpired term of Mrs. Gwen McFarland.

- RESOLUTIONS -

SUBSTITUTE RESOLUTION NO. RS2008-144 (Cole, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an extension of the reimbursement date of the outstanding intra-governmental loan from The Metropolitan Government of Nashville and Davidson County to the Hospital Authority of The Metropolitan Government of Nashville and Davidson County and increasing the loan amount by $11,500,000.

RESOLUTION NO. RS2008-152 (Toler, Foster, Cole)
Approved by Planning Commission
and Planning & Zoning Committee
Re-referred to Budget & Finance
and Parks Committees

A resolution authorizing the Director of Public Property, or his designee, to exercise options to purchase real property (Map 182-00 Parcel 040.00 and Map 181-00 Parcel 022.00) for use in the Mill Creek greenway system and as park land (Proposal No. 2007M-250G-12A&B).

RESOLUTION NO. RS2008-157 (Coleman)
Referred to Charter Revision Commission
and Charter Revision Committee

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

RESOLUTION NO. RS2008-158 (Murray)
Referred to Federal Grants Review Committee

A resolution setting a public hearing for the creation of the Skyline Redevelopment Plan.

RESOLUTION NO. RS2008-159 (Cole)
Referred to Budget & Finance Committee

A resolution approving an amendment to a grant from the State of Tennessee, Board of Probation and Parole, to The Metropolitan Government of Nashville and Davidson County for the Davidson County Community Corrections Program.

RESOLUTION NO. RS2008-160 (Cole)
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 Office of the District Attorney General, for personnel to identify, review, and coordinate the prosecution of serious gun-related crimes.

RESOLUTION NO. RS2008-161 (Cole, Craddock)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a grant from The Memorial Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Sheriff’s Department to install PLATO educational software in all five DCSO jail facilities to enhance the skill level of offenders in education, life skill, and employment.

RESOLUTION NO. RS2008-162 (Cole)
Referred to Budget & Finance
and Codes Committees

A resolution to appropriate grant funds from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers’ Market, to add new lighting and ceiling fans in the outdoor shed of the Farmers’ Market.

RESOLUTION NO. RS2008-163 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an amendment to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health for breast and cervical cancer screenings.

RESOLUTION NO. RS2008-164 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an amendment to a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange assistance in the planning, development and delivery of services for minority individuals affected and infected with HIV/AIDS.

RESOLUTION NO. RS2008-165 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an amendment to 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 the provision of health services to the homeless.

RESOLUTION NO. RS2008-166 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an amendment to a grant from the U.S. Department of Health and Human Services to the Metropolitan Action Commission for programs to provide services designed to assist low income and/or homeless individuals achieve self sufficiency and improve conditions of their communities.

RESOLUTION NO. RS2008-167 (Cole, Jameson)
Referred to Budget & Finance
and Education Committees

A resolution approving a Safe Routes for Schools application for a grant from The Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, for Thomas Edison Elementary School.

RESOLUTION NO. RS2008-168 (Cole, Jameson)
Referred to Budget & Finance
and Education Committees

A resolution approving a Safe Routes for Schools application for a grant from The Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, for Tom Joy Elementary School.

RESOLUTION NO. RS2008-169 (Wilhoite, Cole, Jameson)
Referred to Budget & Finance
and Education Committees

A resolution approving a Safe Routes for Schools application for a grant from The Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, for Una Elementary School.

RESOLUTION NO. RS2008-170 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Legend’s Corner, Inc., to install, construct and maintain an aerial encroachment at 424 Broadway (Proposal No. 2008M-008U-9).

RESOLUTION NO. RS2008-171 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Nashville Crossroads, Inc., to install, construct and maintain an aerial encroachment at 419 Broadway (Proposal No. 2008M-007U-9).

RESOLUTION NO. RS2008-172 (Cole)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Naomi Halsey McClure against The Metropolitan Government of Nashville and Davidson County in the amount of $130,000 to be paid from the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2008-154 (Murray)

An ordinance approving the Skyline Redevelopment Plan (2007Z-119U-05).

BILL NO. BL2008-155 (Jameson)

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 October 16, 2007.

BILL NO. BL2008-156 (Evans)
Approved by Planning Commission

An ordinance abandoning an 8” water line and easement and accepting a replacement 8” water line, that is shown on Map 131-08, Parcels 018.00 and 112.00, Project 07-WL-0005, Harding Heights, 1120 Glendale Lane and 1118 Granny White court and authorizing the execution of the documents to carry out said transactions (Proposal No. 2007M-106U-10).

BILL NO. BL2008-157 (Moore, Evans)
Approved by Planning Commission

An ordinance abandoning an 8” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line in connection Project 07-SL-0009, shown on Map 105-14,Parcel 069.00, and 8th Avenue Lofts, 8th Avenue South authorizing the execution of the documents to carry out said transaction (Proposal No. 2007M-061U-10).

BILL NO. BL2008-158 (Hunt)
Map & Parcel No./Owner:
50-91, 129, & 146 T. F. Cone, M.C. Beck, & 1st American Trust, Trustee
Requested by: Umbrella Investments

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 RS20 to RM4 zoning property located at 3500 Brick Church Pike,3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), all of which is described herein (Proposal No. 2006Z-124G-02).

BILL NO. BL2008-159 (Hunt)
Map & Parcel No./Owner:
50-91, 129, & 146 T. F. Cone, M.C. Beck, & 1st American Trust, Trustee
Requested by: Umbrella Investments

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 making applicable the provisions of a Planned Unit Development property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), to permit 557 dwelling units (259 single-family dwelling units, 173 townhome units, 23 cottages and 51 duplex lots for a total of 102 attached two-family units), zoned RS20 and proposed for RM4 zoning, all of which is described here in (Proposal No. 2006P-013G-02).

BILL NO. BL2008-160 (Crafton)
Disapproved by Planning Commission
Map & Parcel No./Owner:
128-3-B Various Parcels, Various Owners
Requested by: Barry Construction Co.

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 a Planned Unit Development district applicable to various properties located on the east side of Sawyer Brown Road, (12.9 acres), zoned R20, to remove the approved sidewalk along one side of Briksberry Court and Huntwood Place, all of which is described here in (Proposal No. 94-83-G-06).

- BILLS ON SECOND READING –

BILL NO. BL2007-40 (Wilhoite)
Referred to Codes Committee

An ordinance amending Section 16.24.340 of the Metropolitan Code of Laws regarding the boarding of vacant property.

BILL NO. BL2008-116 (Page)
Referred to Codes Committee

An ordinance to amend certain provisions of Metropolitan Code of Laws § 6.06, After Hours Establishments, to clarify responsibilities of the Department of Codes Administration and create consistency within the Code.

BILL NO. BL2008-117 (Wilhoite)
Referred to Public Safety Committee

An ordinance amending Chapter 6.80 of the Metropolitan Code to require wrecker operators to keep the wrecker boom in its full, upright position except while in the process of towing of a vehicle.

BILL NO. BL2008-118 (Stanley)
Referred to Codes
and Health, Hospitals & Social Services Committees

An ordinance amending Chapters 10.26 and 10.28 of the Metropolitan Code to prohibit the excessive accumulation of mulch on residentially-zoned property.

BILL NO. BL2008-119 (Jameson, Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing Dolphini Networks to install, construct, and maintain a telecommunications cable as an encroachment along Demonbreun Street and 6th Avenue South from Cummins Station to the Sommet Center within Davidson County (Proposal No. 2008M-009U-9).

BILL NO. BL2008-120 (Harrison, Cole)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committees

An ordinance approving a lease agreement between FirstCal Industrial 2 Acquisition, LLC and The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, for certain real property located at 621 Mainstream Drive, Nashville, Tennessee, 37228, commonly known as Corners II (Proposal 2008M-002).

BILL NO. BL2008-121 (Craddock, Cole)
Referred to Budget & Finance
Public Safety
and Public Works Committees

An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $42,711.00, plus reimbursement of training costs for Emergency Communications personnel.

BILL NO. BL2008-122 (Baker, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning an 8” water line and easement and accepting a replacement 8” water line and easement in connection with Project 07-WL-0091, that is shown on Map 091-13, Parcels 296 and 297, 5920 and 5934 Obrien Avenue, Haven West Townhomes Water Relocation and authorizing the execution of the documents to carry out said transactions (Proposal No. 2007M-189U-7).

BILL NO. BL2008-123 (Baker, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning a 36” sanitary sewer line and easement and accepting a replacement 42” sanitary sewer line and easement in connection with Project 05-SL-116, that is shown on Map 090, Parcels 05.00 and 05.01 and Map 090-04, Parcels 007 and 008, Project 05-SL-116, Reo Stone, 711 and 703 Basswood Avenue, 6614 Robertson Avenue, and Spencer Avenue and authorizing the execution of the documents to carry out said transactions (Proposal No. 2005M-213U-07).

BILL NO. BL2008-124 (Moore, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning the easement rights in a previous right-of-way that is shown on Map 105-06, Parcel 264.00, Project 07-SC-0210, former Trabue Street Abandonment, 700 Hamilton Avenue and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-232U-11).

BILL NO. BL2008-125 (Gilmore, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning a 10” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line and easement in connection with Project 07-SL-132/07-WL-0089 that is shown on Map 093-05, Parcels 153, 154, and 157, YMCA Downtown, 213 and 211 McLemore Street, and 1000 Church Street and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-143U-9).

BILL NO. BL2008-126 (Holleman, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning a public utility easement in Alley Number 1701, but excluded from this action is a 20’ Public Utility Drainage Easement located along the easterly line of Parcels 153 and 154 for Project 07-SL-0175, Wilson Boulevard, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-188U-10).

BILL NO. BL2008-127 (Matthews, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning a public utility drainage easement and Drainage Pipe and accepting a replacement public utility drainage easement and drainage pipe in connection with Project 07-DL-0058 that is shown on Map 058-11-A, Parcel 017.00CO, 4349 Shady Dale Road and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-084U-3).

BILL NO. BL2008-128 (Gilmore)
Disapproved by Planning Commission (7-0)
Approved by Traffic & Parking Commission (5-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: H. Ray Ragsdale

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way for Alley No. 437 (Proposal Number 2007M-194U-10).

BILL NO. BL2008-129 (Gilmore)
Referred to Planning Commission
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 renaming 8th Avenue North, between Charlotte Avenue and Church Street, as “Rosa L. Parks Boulevard” (Proposal No. 2008M-010U-9).

BILL NO. BL2008-130 (Durbin, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning an 8” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line and easement in connection with Project 07-SL-0004, Belmont United Methodist Church Expansion, located at 1906 21st Avenue South, 1908 21st Avenue South, 1905 20th Avenue South, and 1901 20th Avenue South, as shown on Map 104-12, Parcels 77, 78, 124, & 126, and authorizing the execution of the documents to carry out said transactions (Proposal No. 2007M-095U-10).

BILL NO. BL2008-131 (Duvall, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning an 8” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line and easement in connection with Project 06-SL-0184, that is shown on Map 149, Parcel 156.04, Rural Hill Church of Christ, 558 Bell Road and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-032U-13).

BILL NO. BL2008-132 (Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning an 8” sanitary sewer line and easement and accepting a replacement 8” sanitary sewer line, a 6” water line and a 3” water line, and 10 fire hydrants installed in connection with Project 05-SL-0170 and 05-WL-0191, that is shown on Map 76-1, Parcels 82 and 83, 4826 and 0 Lebanon Pike, Heritage Hills and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2007M-052G-14).

- BILLS ON THIRD READING –

BILL NO. BL2007-71 (Jameson, Cole)
Approved by Planning Commission
Budget & Finance, Health, Hospitals & Social Services
and Planning & Zoning Committees

An ordinance approving the disposition of a certain parcel of surplus property located at 217 South 10th Street, by the Director of Public Property Administration held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2007M-193U-5).

BILL NO. BL2007-89 (Jernigan)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
44-15-20, 21, 23, 30, 440, 441 James & Carolyn Yates
Requested by: American Engineers, 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 CS to SP zoning properties located at 803 Elliston Street, Ninth Street (unnumbered), Hadley Avenue (unnumbered), Donelson Avenue (unnumbered), and Elliston Street (unnumbered), at the southeast corner of Donelson Avenue and Elliston Street (5.25 acres), to permit the development of a maximum of 91 multi-family units and a maximum of 45,000 square feet of non-residential uses, all of which is described herein (Proposal No. 2007SP-171G-14).

BILL NO. BL2007-103 (Page)
Approved by Planning Commission
Traffic & Parking Commission (6-0)
Public Works, Traffic and Parking
and Planning & Zoning Committees
Requested by: Car Sum, LLC

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way for Alley No. 1893 (Proposal No. 2007M-242U-11).

BILL NO. BL2007-104 (Gilmore)
Disapproved by Planning Commission
Approved by Traffic & Parking Commission (7-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Kennedy Capital Group, LLC

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way for Alley No. 236 (Proposal Number 2007M-179U-10).

BILL NO. BL2008-112 (Stanley, Cole)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the disposition of certain parcels of surplus property by the Director of Public Property listed as Davidson County Tax Map 086, Parcels 754 and 755 (Proposal No. 2007M-122G-14A-B).

BILL NO. BL2008-113 (Cole, Craddock)
Approved by Budget & Finance
and Public Safety Committees

An ordinance accepting a donation to The Metropolitan Government of Nashville and Davidson County by Cornerstone Church for the use and benefit of the Metropolitan Nashville Police Department and the Nashville Fire Department.

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2008-137 (Crafton)
Referred to Education Committee

A resolution requesting the Commissioner of the Tennessee Department of Education to make a recommendation as to whether it is appropriate that the Metropolitan Nashville Director of Schools be removed by the Tennessee Board of Education.

RESOLUTION NO. RS2008-173 (Wilhoite)
Referred to Education Committee

A resolution designating Monday, March 3, 2008 as “Read Across America Day”, a national celebration of Dr. Seuss’ birthday.