Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, August 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 -

President ProTempore
Election of Council President Pro Tempore for a one-year term ending August 31, 2009.

Educational Access Corporation
Appointment of Mr. Richard Tennent for a term expiring February 5, 2009.

Employee Benefit Board
Appointment of Mr. G. Thomas Curtis for a term expiring June 30, 2011.

Metropolitan Development & Housing Agency
Appointment of Ms. Gayle Fleming for a term expiring July 1, 2013.

Procurement Standards Board
Appointment of Ms. Shannone Raybon for a term expiring July 20, 2011.

Tourism & Convention Commission
Appointment of Ms. Jane Andrews for a term expiring June 30, 2011.

- RESOLUTIONS -

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. RS2008-263 (Ryman, Gotto)
(As Amended)
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. RS2008-383 (Craddock, Gotto)
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. RS2008-404 (Ryman, Gotto)
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. RS2008-405 (Gilmore, Wilhoite)
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. RS2008-406 (Cole)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to provide funding for Juvenile Court staff training.

RESOLUTION NO. RS2008-407 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an intergovernmental agreement by and between the State of Tennessee, Department of Finance and Administration, Bureau of TennCare and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide home-delivered meals to TennCare eligible elderly and disabled people and be reimbursed for such services.

RESOLUTION NO. RS2008-408 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment II to a contract between the Metropolitan Government and Systech International, LLC for services relating to automobile emission testing.

RESOLUTION NO. RS2008-409 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting 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, to improve community resources that have a positive impact on fetal-infant mortality rates.

RESOLUTION NO. RS2008-410 (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, to provide nutritious food to low-income clients.

RESOLUTION NO. RS2008-411 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting 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, to provide rape prevention services.

RESOLUTION NO. RS2008-412 (Cole, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a renewal of the 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 for the provision of services under the Minority AIDS Initiative (MAI) for individuals affected and infected with HIV/AIDS.

RESOLUTION NO. RS2008-413 (Cole, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting 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, to provide renal intervention services.

RESOLUTION NO. RS2008-414 (Cole, Maynard)
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 United Neighborhood Health Services to provide care to patients of the Downtown Clinic for the Homeless.

RESOLUTION NO. RS2008-415 (Foster, Cole)
Referred to Budget & Finance
and Parks & Library Committees

A resolution approving an amendment to a grant from the Nashville Public Library Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Library, for special collection staffing.

RESOLUTION NO. RS2008-416 (Cole, Craddock)
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 Department, in conjunction with Animal Control, to teach offenders vocational skills and small scale fabrication of pet houses for families who adopt or need pet housing.

RESOLUTION NO. RS2008-417 (Craddock, Cole)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Fire Department, to establish a fire prevention and awareness program to reduce injuries and fatalities.

RESOLUTION NO. RS2008-418 (Cole, Gotto)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution approving an application for a grant from the Tennessee Historical Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to research and update historic property inventories and for historic zoning design review.

RESOLUTION NO. RS2008-419 (Evans, Cole)
Referred to Budget & Finance
and Public Works Committees

A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,572, with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the water line at M.P. 1.14 Old Hickory Branch, Nashville, Tennessee.

RESOLUTION NO. RS2008-420 (Claiborne, Evans, Cole)
Referred to Budget & Finance
and Public Works Committees

A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,002, with Nashville and Eastern Railroad Corporation relating to a track crossing at M.P. 1.88 in Nashville, Tennessee.

RESOLUTION NO. RS2008-421 (Cole)
Referred to Budget & Finance Committee

A resolution appropriating the amount of $391,000 from the General Fund Reserve Fund for the purchase of equipment and furniture for the Department of Law of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2008-422 (Cole)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Debra L. Davis against The Metropolitan Government of Nashville and Davidson County in the amount of $13,000.

- BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2008-284 (Tygard, Cole)

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to reflect changes in emergency towing costs.

BILL NO. BL2008-285 (Jernigan)

An ordinance amending Section 17.40.770 of Title 17 the Metropolitan Code, Zoning Regulations, to waive Board of Zoning Appeals application fees for certain applications filed by Members of Council, all of which is more specifically described herein.

BILL NO. BL2008-286 (Cole, Hunt)

An ordinance creating the positions of Internal Auditor 1, Internal Auditor 2, Senior Internal Auditor, Principal Internal Auditor, and Internal Audit Manager for the Division of Metropolitan Audit of The Metropolitan Government of Nashville and Davidson County.

BILL NO. BL2008-287 (Crafton)

An ordinance amending the Metropolitan Code to require all Metropolitan Government departments, agencies, boards and commissions to develop an “interpreter fee” to be charged to non-English speaking permit applicants.

BILL NO. BL2008-288 (Evans, Cole)

An ordinance authorizing the Metropolitan Government to participate with McFarlinwoods to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at McFarlinwoods.

BILL NO. BL2008-289 (Harrison, Evans)
Approved by Planning Commission

An ordinance abandoning a 8” sanitary sewer line and easement and abandonment of a 1” water line and easement that will be replaced by a 8” sanitary sewer line and a 8” water line to be constructed in a dedicated right-of-way in connection Project 07-SL-0185/07-WL-0124, The Woods at Monticello Phase 1, shown on Map 071-01, Parcels 075, 076, 088, and 089, 437 Monticello Street, 2404 Monticello Street, and Monticello Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-092U-3).

BILL NO. BL2008-290 (Evans)
Approved by Planning Commission

An ordinance abandoning a public utility drainage easement in connection with Project 08-SG-0017, Harding Academy Sports Field, shown on Map 129-10, Parcel 092.00, Project No. 08-SG-0017 and authorizing the execution of such documents needed to carry out said transaction (Proposal No. 2008M-044U-7).

BILL NO. BL2008-291 (Holleman)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Requested by: L & L Properties

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 right-of-way for Alley No. 1215 (Proposal No. 2008M-076U-7).

- BILLS ON SECOND READING –

BILL NO. BL2008-258 (Crafton)
Referred to Budget & Finance
and Codes Committees

An ordinance amending Chapter 16.28 of the Metropolitan Code to impose an additional fee for building permits for construction or demolition projects within historic zoning overlays.

BILL NO. BL2008-259 (Craddock, Page & others)
Referred to Public Safety Committee

An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add a “plainly audible” standard for determining certain violations of the noise ordinance and to add requirements pertaining to motor vehicle noise.

BILL NO. BL2008-260 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Climer & Associates

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 right-of-way for Alley No. 236 (Proposal Number 2008M-078U-10).

BILL NO. BL2008-261 (Baker)
Approved by Planning Commission
and Traffic & Parking Commission (5-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Frank Bessire

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 58th Avenue North right-of-way (Proposal No. 2008M-115U-7).

BILL NO. BL2008-262 (Langster)
Disapproved by Planning Commission (7-0)
Approved by Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Willis-Brooks Investments

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 Alley No. 699 right-of-way (Proposal No. 2008M-060U-10).

BILL NO. BL2008-263 (Jameson, Evans)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of property by negotiation or condemnation or acceptance for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 94-SC-5B-2, Washington CSO Improvements, 111 North 2nd Street, 140 North 1st Street, 110 North 1st Street, Main Street, 5 Main Street, and James Robertson Parkway (Proposal No. 2008M-082U-9).

BILL NO. BL2008-264 (Cole, Evans)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition and acceptance of certain easements described in the plans for 1435 Litton Drive, 2909, 2910, 2932, 2934 and 0 Glenmeade Drive, 2916 and 2918 Murray Circle, Stormwater Project. No. 06-D-00903, Glenmeade Drive (Proposal No. 2007M-208U-5).

BILL NO. BL2008-265 (Bennett, Evans)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition and acceptance of certain easements described in the plans for 109 and 111 Dellway Drive, and 2700A and 2703 Brunswick Drive Stormwater Project. No. 06-D-00904, Brunswick Drive (Proposal No. 2007M-197U-5).

BILL NO. BL2008-266 (Coleman, Gilmore & others)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 860 Visco Drive, 2930 Old Franklin Road, Lombardia Court, 1900 Lombardia Lane, Bell Road; 304, 306, and 308 White Bridge Road; 3823 Cleghorn Avenue; 185 and 199 Anthes Drive; 218 Crestview Drive; 2970, 2984, 2990, and 2994 Baby Ruth Lane; 8000 Highway 100; 25 Vantage Way, 515 Spruce Street, 600 Garfield Street, 214 Welch Road; 411 and 417 E. Palestine Avenue; 111 and 113 Kenner Avenue.

BILL NO. BL2008-267 (Gilmore, Evans)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance abandoning an easement for a 10” public utility drainage not being used by any public entities in connection with, Project 08-SG-0018, Rosa L. Parks Boulevard Abandonment, shown on Map 081-12, Parcel 444.00, 1320 Rosa L. Parks Boulevard authorizing the execution of such documents needed to carry out said transaction (Proposal No. 2008M-043U-8).

BILL NO. BL2008-268 (Toler, Cole)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 2F, Project No. 07-SL-223.

BILL NO. BL2008-269 (Cole, Evans)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Jim Haley to provide public sewer service in Williamson County to Haley Industrial Park, Phase 4, Project No. 08-SL-40.

BILL NO. BL2008-270 (Evans, Cole)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Beazer Homes Corporation to provide public sewer service in Williamson County to Ballenger Farms, Phase 4, Project No. 06-SL-141.

- BILLS ON THIRD READING –

BILL NO. BL2008-179 (Crafton)
Disapproved by Planning Commission (9-0)
No recommendation by Planning & Zoning Committee
Map & Parcel No./Owner:
128-65, 65.01 Willie, Joyce & Dorothy Moss
Requested by: Lori Moss

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 R20 to CS district properties located at 497 and 501 Old Hickory Boulevard, approximately 3,000 feet south of Tolbert Road (7.33 acres), all of which is described herein (Proposal No. 2008Z-040G-06).

BILL NO. BL2008-196 (Crafton)
Approved by Planning Commission (10-0)
and Planning & Zoning Committee
Map & Parcel No./Owner:
128-45 Hodges & Sons Inc.
Requested by: Dale & 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 R15 to SP zoning property located at Sawyer Brown Road (unnumbered), approximately 540 feet north of Meadow Lane Drive, to permit the development of 130 townhome units (39.09 acres), all of which is described herein (Proposal No. 2008SP-009G-06).

BILL NO. BL2008-198 (Cole)
Approved by Planning Commission (8-1)
and Planning & Zoning Committee
Map & Parcel No./Owner:
61-3; 61-7; 61-11; 61-15; 72-2; 72-3; 72-6; 72-10; 72-13; 72-14; 82-12; 82-15;
82-16; 83-9 Various Parcels, Various Owners
Requested by: Councilmembers Murray, Jameson, Cole & Bennett

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 Council Bill BL2007-1523 to make various amendments to the Gallatin Pike Improvement District Specific Plan for properties located along Gallatin Pike between South 5th Street and Briley Parkway (263.71 acres), all of which is described herein (Proposal No. 2007SP-122U-05).

BILL NO. BL2008-251 (Adkins, Cole)
Re-referred to Budget & Finance
and Convention & Tourism Committees

An ordinance amending Title 5, Chapter 5.12, Article II of the Metropolitan Code to increase the additional hotel occupancy privilege tax by fifty cents, where increased revenue shall be deposited in a fund entitled “The Event and Marketing Fund,” where such increase shall expire on May 20, 2014.

BILL NO. BL2008-252 (Gotto, Dominy)
Approved by Planning & Zoning Committee

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes.

BILL NO. BL2008-253 (Cole, Evans)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing the Metropolitan Government to enter into renewal of a sewer easement and a water easement at J. Percy Priest Dam and Reservoir Project 08-SG-0001 Corps of Engineer, Easement No. DACW62-2-88-0072 (Proposal No. 2008M-005-13).

BILL NO. BL2008-254 (Evans)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning a 20 foot public utility easement in connection with Project 08-SC-0031, 1707 14th Avenue South, shown on Map 105-05, Parcel 562.00, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-075U-10).

BILL NO. BL2008-255 (Moore)
Approved by Planning Commission
Traffic & Parking Commission (7-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: I-440 Business Center Partners

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 Alley No. 1834 (Proposal No. 2008M-096U-11).

BILL NO. BL2008-256 (Harrison)
Approved by Planning Commission
Traffic & Parking Commission (7-0)
Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Barge, Waggoner, Sumner & Cannon

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 Monticello Street (Proposal No. 2008M-072U-3).

BILL NO. BL2008-257 (Jameson)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing Nashville Pinnacle, LLC to install, construct and maintain an encroachment including landscaped and irrigated areas, a underground electrical duckbank, and an aerial walkway connecting to Shelby Street Pedestrian Bridge (Proposal No. 2008M-101U-09).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2008-403 (Tygard)
Approved by Public Works Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to name the Highway 100 bridge over the South Harpeth River in honor of Jessie William Gammons.