Metro Clerk


Date: October 16, 2012



Analysis Report Balances

Balances As Of:





* Assumes estimated revenues in fiscal year 2012 in the amount of $25,514,400


RESOLUTION NO. RS2012-448 (MATTHEWS, BENNETT & OTHERS) – This resolution appropriates $1,382,661.50 in community development block grant (CDBG) funds for neighborhood improvement projects. CDBG funds are designated by federal law to be used for affordable housing activities and for neighborhood community improvement projects. A detailed list of the neighborhood improvement projects to be funded is attached to this analysis. Although the council approved the allocation of CDBG funds in broad terms in December 2011 as part of the approval of the annual action plan, the December legislation did not provide a specific project list.      Return to Agenda

RESOLUTION NO. RS2012-449 (MATTHEWS) – This resolution approves an application for a grant from Bloomberg Philanthropies to the department of finance to sponsor workforce wellness initiatives to reduce health and injury-on-duty (IOD) costs. Metro is seeking a grant award of between $1,000,000 and $5,000,000 for this program. If awarded, the funds would be used to develop an employee wellness program targeting the highest IOD departments (fire department), and to provide a health incentive plan that would provide multi-year grandfathering of health insurance premium rates for employees meeting the wellness targets. The program would also provide “super incentives” for obese and tobacco using employees and for public safety employees that meet increased fitness standards.      Return to Agenda

RESOLUTION NO. RS2012-450 (MATTHEWS) – This resolution approves an annual grant in the amount of $78,700 from the Tennessee Arts Commission to the Metropolitan arts commission. These funds will be used to make grants to well-established Tennessee nonprofit arts organizations. This grant consists of $54,200 in state funds and $24,500 in federal funds. There is a required local match in the amount of $78,700 to be provided from the Metro arts commission budget. The term of the grant is from July 1, 2012 to June 30, 2013.      Return to Agenda

RESOLUTION NO. RS2012-451 (BENNETT & MATTHEWS) – This resolution approves a third amendment to a grant from the state board of probation and parole to the state trial courts to fund the Davidson County community corrections program. This program provides alternative punishments for non-violent offenders consisting of offender supervision, residential programs, and day reporting center programs. The goal of the grant is to divert felony offenders from the prison system by providing community supervision and treatment services. This amendment increases the amount of the grant by $21,637.25 for a new grant total of $4,295,480.75, with no local match required. The increased amount is to provide a staff pay increase and to cover the increased benefit costs. The grant expires June 30, 2013.      Return to Agenda

RESOLUTION NO. RS2012-452 (WEINER & MATTHEWS) – This resolution approves an agreement between Vanderbilt University and the Metro board of health to participate as a member site for disease control tuberculosis epidemiologic consortium studies. Vanderbilt, through Duke University, is the recipient of a grant from the U.S. Centers for Disease Control and Prevention for this tuberculosis project. Vanderbilt is responsible for conducting clinical research under the study and desires to engage the health department to perform certain duties. The health department’s responsibilities under this contract are to provide a health department employee devoted to this study full-time whose responsibilities will include conducting studies, enrolling patients, reporting data, and assisting in the development of presentations and publications of the study results. The health department will also provide Vanderbilt with office space and administrative/facilities support for Vanderbilt staff, including information systems, utilities, medical records management, patient registration, and data entry. Vanderbilt will reimburse Metro up to $172,628 for these services. Both Vanderbilt and Metro agree to maintain comprehensive general liability and professional liability insurance in the amount of $2 million per occurrence and $4 million in the aggregate, which is being provided by both parties in the form of self-insurance.

The term of this contract is through September 30, 2014, but may be extended by written agreement. The contract may be terminated by either party upon 30 days written notice.      Return to Agenda

RESOLUTION NO. RS2012-453 (WEINER & MATTHEWS) - This resolution approves a seventh amendment to a grant from the U.S. environmental protection agency (EPA) to the Metropolitan board of health to achieve established ambient air quality standards. These funds are used to collect data and to monitor the ambient air concentrations for ozone, fine particulate matter, regional haze, sulfur dioxide, carbon monoxide, and mercury on behalf of the EPA. The amendment increases the grant amount by $321,000 for a new grant total of $1,509,000, and extends the term of the grant through September 30, 2013.      Return to Agenda

RESOLUTION NO. RS2012-454 (BENNETT & MATTHEWS) – This resolution approves an agreement between the federal emergency management agency and the mayor’s office of emergency management for access to the integrated public alert and warning system. Access to this national system will enable timely alerts and warnings to be delivered to Tennessee residents through the state’s 24-hour warning point located at the Tennessee emergency management agency headquarters in Nashville. This agreement sets forth the terms and conditions for access to the system and interoperability via the internet. There is no cost to Metro to access the system. The term of the agreement is through the expiration of the system’s authority to operate or three years, whichever comes first.      Return to Agenda

RESOLUTION NO. RS2012-455 (MATTHEWS & GILMORE) – This resolution approves a grant in the amount of $5,900 from the state arts commission to the Metropolitan board of parks and recreation to supplement the Big Band dance program in Centennial Park. This program provides twelve free big band dances to the public. The parks department will use this funding for the purpose of continuing the dance program this year. There is a required local in-kind match of $5,900 to be provided by the parks department.      Return to Agenda

RESOLUTION NO. RS2012-456 (GILMORE & MATTHEWS) – This resolution approves an application for a grant in the amount of $15,269.75 from the Tennessee state library and archives to the Nashville public library to purchase ereaders and iPads, along with associated material, for two pilot programs. The first pilot program would target children 12 and under to make ereader devices available for parents to check out that would be preloaded with children’s material. The second pilot program would be to provide iPads for teenagers to check out for use in the young adult areas and to encourage teens to download material for ereaders. The funds would also be used to purchase five Apple computers to be used for staff training. There would be a required local match of $15,269.75.      Return to Agenda

RESOLUTION NO. RS2012-457 (GILMORE) – This resolution authorizes the installation, construction, and maintenance of an aerial encroachment by 4 Tees, LLC, dba Jimmy John’s Gourmet Sandwiches, over the public right-of-way at 424 Church Street. The applicant has agreed to indemnify the Metropolitan Government from all claims in connection with the construction and maintenance of this wall-mounted building sign, and is required to post a certificate of public liability insurance with the Metropolitan clerk naming the Metropolitan Government as an insured party. This resolution has been approved by the planning commission.      Return to Agenda


ORDINANCE NO. BL2012-241 (DOMINY) – This ordinance amends the Metropolitan Code to require the annual contract for services between the Metropolitan Government and the Nashville Area Chamber of Commerce (“chamber”) for the Partnership 2020 economic development program to be approved by resolution of the council. The Partnership 2020 program (formerly Partnership 2000 and Partnership 2010) is a public-private partnership developed by the chamber whose purpose is to recruit new businesses to the greater Nashville area. Metro’s appropriation for the Partnership 2020 program in recent years has been $300,000 annually. The chamber membership consists of businesses in ten counties, several of which provide some level of financial support for the Partnership 2020 program. According to data provided by the chamber, the program receives approximately $3.4 million annually in private funding. The chamber data further indicates that all other regional chamber/economic development entities plus regional governments combined provide $130,500 annually for the program.

Once the funds are appropriated by the council through the operating budget ordinance, Metro enters into a grant contract with the chamber outlining the business recruitment services to be performed. According to the grant contracts for the past several years, these services have included:
• Project management of 50 relocation and expansion projects in Davidson County, with 75% in targeted sectors and a minimum job creation goal of 1,000 new jobs
• Targeting 500 professional site location consultants with direct mail campaigns, marketing materials, and personal outreach
• Three outbound target market business recruitment missions and five inbound showcase Nashville events with face-to-face meetings with site consultants and corporate executives

This ordinance would require the grant contract with the chamber to be approved by the council by resolution receiving 21 affirmative votes. The contract would have to be approved by resolution annually before any funds are disbursed to the chamber.      Return to Agenda

ORDINANCE NO. BL2012-262 (MATTHEWS) – This ordinance amends the Metropolitan Code to establish a procedure for the use of honorary street signs. The code currently prohibits all types of honorary street signs. This ordinance would allow the council, by ordinance, to authorize and direct the department of public works to install honorary street signs beneath the official street name sign for any street identified on the official street and alley acceptance and maintenance map. Such honorary street signs would be brown in color with white lettering. No honorary street sign could be installed honoring a living person, and no more than five honorary street names could be approved by the council in each calendar year.      Return to Agenda

ORDINANCE NO. BL2012-265 (TYGARD & LANGSTER) – This ordinance names the bridge on Georgia Avenue over Richland Creek in honor of Audrey Baker, who passed away on November 15, 2011. Ms. Baker was a longtime resident of west Nashville, and was very active in the community. The Metro code provides that no Metropolitan Government building or structure can be named except by ordinance adopted by the council.      Return to Agenda

ORDINANCE NO. BL2012-266 (CLAIBORNE & TODD) – This ordinance amends the Metro code to eliminate the subsidized health insurance benefits for future members of council after they leave office. The code currently allows all elected officials participating in the comprehensive health care plan to continue participation in the plan after they leave office. If the elected official has served eight years, he/she may continue to participate in the plan by paying the Metro subsidized rate paid by employees, which is 25% of the premium. However, if the elected official has served less than eight years, he/she must pay 100% of the premium in order to continue participation in the plan.

This ordinance would eliminate the subsidized health insurance benefit for members of council after they leave office unless they have served 10 years. For those who do serve at least 10 years, which is the modified minimum vesting period under Ordinance No. BL2012-237 on third reading, such members would be eligible to continue participation in the medical plan under the same terms and conditions as retired Metropolitan Government employees hired after January 1, 2013, and at the contribution rates based upon years of service as provided in BL2012-237.

The ordinance grandfathers in all current members of council and those former members of council that already participate in the health insurance plan. All other members serving a first term beginning in 2015 could participate in the plan after leaving office if they pay 100% of the premium.

According to information provided by the department of human resources, the subsidized health insurance for former members of council costs Metro approximately $300,000 per year.      Return to Agenda

ORDINANCE NO. BL2012-267 (GILMORE, WESTERHOLM & MOORE) – This ordinance authorizes Nashville Downtown Partnership to install and maintain bike kiosks within the public right-of-way at fourteen locations in the downtown area. The bikes and kiosks are funded through the federal Communities Putting Prevention to Work grant administered by the health department. The kiosks will serve a total of 190 “B-cycle” bikes in the bikeshare program. B-cycle member riders will be able to swipe their card at the kiosk to unlock the bike. The kiosks will be powered with AC or solar electricity, where available.

This ordinance will allow the installation of 20 total kiosks at the following locations:
• Commerce Street and 2nd Avenue North
• Deaderick Street and 5th Avenue North
• 4th Avenue North and James Robertson Parkway
• Church Street between 5th Avenue North and 4th Avenue North
• 3rd Avenue North and Union Street
• Victory Way at the base of the Pedestrian Bridge
• 6th Avenue North and Union Street
• 11th Avenue South/12th Avenue South
• 16th Avenue South
• 9th Avenue South and Demonbreun Street
• Jefferson Street and Dr. D.B. Todd Boulevard
• Wedgewood Avenue and 21st Avenue South
• Hermitage Avenue and Middleton Street
• 3rd Avenue North and Symphony Place at the base of the Pedestrian Street Bridge

The Downtown Partnership has agreed to indemnify the Metropolitan Government from all claims in connection with the installation and maintenance of the kiosks, and is required to provide a $2 million certificate of public liability insurance naming the Metropolitan Government as an insured party. This ordinance has been approved by the planning commission.      Return to Agenda

ORDINANCE NOS. BL2012-268 and BL2012-269 – These two ordinances authorize the acquisition of interests in property for Metro water services projects. The ordinances provide that the acquisition of additional easements or property rights for the same projects may be approved by resolution. These ordinances have been approved by the planning commission. Future amendments to this legislation may be approved by resolution.

Ordinance No. BL2012-268 (Potts, Matthews and Baker) authorizes the acquisition of property located at 6950 Charlotte Pike for the Davidson Branch equalization facility project. The estimated acquisition cost for the property is $100,000.      Return to Agenda

Ordinance No. BL2012-269 (Potts, Evans and Matthews) authorizes the acquisition of a portion of property located at 826 Cammack Court for a reservoir and detention basin project. The council already authorized the acquisition of an easement for the project, but Metro water services has determined that it needs to acquire the property in fee simple. The estimated acquisition cost for the property is $56,500.      Return to Agenda

ORDINANCE NO. BL2012-270 (POTTS & MCGUIRE) – This ordinance accepts 868 feet of an 8” water main, 1,284 feet of an 8” sewer main, and two fire hydrants on property located at Duncanwood Drive, unnumbered. This ordinance has been approved by the planning commission.      Return to Agenda

ORDINANCE NO. BL2012-271 (POTTS, GILMORE & MATTHEWS) – This ordinance abandons 570 feet of existing 10 and 12-inch sewer lines and the corresponding easements for property located at 1515 Demonbreun Street at the corner of Demonbreun and Division Street. This abandonment is needed for the private development of the property. This ordinance has been approved by the planning commission.      Return to Agenda

ORDINANCE NO. BL2012-272 (TENPENNY) – This ordinance changes the name of a portion of Powell Avenue to “Old Powell Avenue”. This street name change is being brought at the request of the emergency communications center to assist emergency service response by eliminating two separate segments of Powell Avenue.

This name change has been approved by the planning commission and the emergency communications district board.      Return to Agenda


ORDINANCE NO. BL2012-249 (A. DAVIS & WESTERHOLM) – This ordinance amends the zoning code to add “nano brewery” as a use permitted with conditions in the mixed-use and commercial zoning districts. Prior to 2008, the zoning code considered the manufacturing of alcoholic beverages to be a “medium manufacturing” use, which is only permitted in the industrial zoning districts. In September 2008, the zoning code was amended to create a new use called “microbrewery” to be permitted by right in the downtown, IR (industrial restrictive) and IG (industrial general) zoning districts. The code defines “microbrewery” as the production of beer in quantities not to exceed 5,000 barrels per month. The zoning code was subsequently amended to also allow microbreweries in the downtown area and the IWD (industrial warehouse/distribution) zoning district.

Several smaller craft breweries, known as “nano breweries”, that brew less beer than the standard microbrewery have expressed interest in locating in certain commercial and mixed-use areas of the city, as opposed to the downtown or industrial areas. This ordinance would allow breweries producing less than 1,250 barrels per month to be located in the mixed-use and commercial (CL and CS) districts if the following conditions are satisfied:
1. No outdoor storage.
2. All beer production activities must be within completely enclosed structures.
3. Loading docks cannot be oriented toward the street or toward property zoned R, RS, RM, OR, MUN, or MUN-A. Where these districts abut all sides of the nano brewery, the loading dock must be screened by a solid wall or opaque fence.
4. Service doors facing a public street or a zoning district permitting residential use must also be screened by a solid wall or opaque fence.
5. All by-products or waste from the production of the beer must be disposed of off-site.

This ordinance has been approved by the planning commission.      Return to Agenda

ORDINANCE NO. BL2012-250 (GARRETT, BENNETT & OTHERS) – This ordinance, as amended, amends the Metropolitan Code to provide for the care of retired law enforcement animals. The police department currently uses dogs for the K-9 unit and horses for the mounted patrol unit to assist officers in the performance of their duties. In 2002, the council enacted an ordinance allowing the chief of police to donate horses and dogs deemed unfit for use by the Metropolitan Government and not suited for sale to the public “to other law enforcement agencies able to care for and use these animals and/or to not-for-profit organizations or individuals willing and able to care for and control these animals.” A dog is often donated to the officer that partnered with the dog once the dog is no longer fit for service. The police department has continued to cover the veterinary expenses for these dogs after they are donated, but this policy is not set forth in the Metro code.

This ordinance provides that it is the policy of the Metropolitan Government that former police department K-9 unit dogs and mounted patrol horses be adequately cared and provided for following their service to the Metropolitan Government. The police department would be responsible for covering the veterinary and shoeing expenses up to $2,500 per year per animal for current and future “retired” police dogs and horses. Former K-9 unit dogs would be allowed (continued on next to temporarily board at the police department’s canine facility at no cost to the active or retired police officer to whom the dog has been donated, provided notice is given to the facility at least 48 hours prior to the dog being boarded and adequate space is available at the facility. The division commander would have the authority to deny a boarding request for any dog with a contagious disease or a dog that is deemed by the division commander to be disruptive to the other dogs at the facility.

The ordinance also provides that the police department would be responsible for providing food for every former police dog or horse in the custody and control of an active or retired police officer at such officer’s request for the life of the animal. All persons, organizations, or agencies accepting a donated animal from the police department must sign a general release form prepared by the department of law releasing the Metropolitan Government from any liability for the future actions of the animal and indemnifying the Metropolitan Government. Such a release form is currently being used by the police department.

Finally, the ordinance gives the officer that last worked with the animal at the time it is retired the right of first refusal to accept the animal. If the officer declines, the animal is to be offered to the person that donated the animal to Metro, if any, before the animal is given to someone else.      Return to Agenda

ORDINANCE NOS. BL2012-253 through BL2012-255 – These three ordinances abandon sections of right-of-way no longer needed by the Metropolitan Government. These ordinances have been approved by the planning commission and traffic and parking commission. Consent of the affected property owners is included as an attachment to the ordinances.

Ordinance No. BL2012-253 (Blalock) abandons a triangular portion of Cherrywood Drive right-of-way adjacent to property located 476 McMurray Drive. This closure has been requested by St. Mina Coptic Church to make room for expansion. The ordinance retains all existing utility easements.      Return to Agenda

Ordinance No. BL2012-254 (Bennett) abandons a portion of Saunders Court from Saunders Avenue southeastward to its terminus. This closure has been requested by Barge, Waggoner, Sumner and Cannon to facilitate a consolidation of lots. The ordinance retains all existing utility easements.      Return to Agenda

Ordinance No. BL2012-255 (Gilmore) abandons a 613-foot strip of Franklin Street right-of-way adjacent to 400 Fifth Avenue South. This closure has been requested by Barge, Waggoner, Sumner and Cannon. All easements are being retained.      Return to Agenda

ORDINANCE NO. BL2012-256 (BEDNE, GILMORE & MATTHEWS) – This ordinance authorizes the exchange of a Metro right-of-way easement for property on Culbertson Road next to Mill Creek for use by the department of parks and recreation. Sugar Valley G.P. and SAF Properties own 16.2-acres of property that they are interested in transferring to Metro in exchange for a 0.05-acre right-of-way easement to be used as part of the proposed extension of Blake Drive.

This property exchange has been approved by the parks board and the planning commission. Future amendments to this ordinance may be approved by resolution.      Return to Agenda

ORDINANCE NO. BL2012-257 (MATTHEWS & JERNIGAN) – This ordinance amends the stormwater provisions in the Metro code to allow existing commercial or industrial facilities within the floodway of the Cumberland River to be modified or enlarged. In December 2010, the council enacted an ordinance to prohibit development from having an adverse impact as it relates to flooding, which included a prohibition on the construction of any new structure within the floodway. A structure that is already located in the floodway may be repaired in the event of a casualty loss up to fifty percent of the appraised value of the property.

The code was subsequently amended to give the stormwater division of Metro water services the ability to allow the construction of certain types of structures within the floodway as long as the structure is designed and constructed so as to have no adverse impact on other properties along the same waterway and will not result in a rise in flood elevation. The structures for which a variance may be granted include surface parking lots, temporary structures less than 100 square feet in size that are not used as a dwelling unit, athletic facilities, water-related features (such as bridges, wharfs, docks, and boat ramps), and water/sewer infrastructure.

This ordinance would allow an existing building or structure located within the floodway of the Cumberland River to be modified or enlarged so long as such building or structure was in active commercial or industrial use as of July 1, 2012, and modification of the building would have no adverse impact on downstream properties. The MWS stormwater division will have the authority to determine whether a proposed structure will have an adverse impact or not, which decision may be appealed to the stormwater management committee.      Return to Agenda

ORDINANCE NO. BL2012-258 (GILMORE & POTTS) – This ordinance abandons approximately 265 feet of existing 10-inch sewer line and 135 feet of 12-inch sewer line, and authorizes the acquisition of an easement for 307 feet of a new 12-inch sewer line for property located at 615 Nestor Street needed for a Metro water services project. This ordinance has been approved by the planning commission.      Return to Agenda

ORDINANCE NO. BL2012-259 (JERNIGAN & POTTS) – This ordinance abandons a Metro water services pumping station and the associated easement located at 801 Stoner Mill Lane. This pumping station is no longer being used by Metro water services. The abandonment has been requested by the property owner. This ordinance has been approved by the planning commission.      Return to Agenda

ORDINANCE NO. BL2012-260 (JERNIGAN, MATTHEWS & POTTS) – This ordinance authorizes the acquisition of utility easements for properties located at 3009 Darrington Road and Chandler Road, unnumbered. These easements are needed to construct a 6-inch water line as a result of the Hidden Hills Reservoir being taken out of service. The estimated total cost for these easement acquisitions is $20,000, which is to be paid from the water and sewer extension and replacement fund. The acquisition of additional easements for this same project may be approved by resolution.

This ordinance has been approved by the planning commission.      Return to Agenda

ORDINANCE NO. BL2012-261 (EVANS, WEINER & GILMORE) – This ordinance amends or deletes a number of outdated code provisions that are either no longer enforced or are not consistent with current laws and practices. The idea behind this ordinance is to acknowledge the fiftieth anniversary of Metro by drawing attention to some of these anachronistic code provisions. The ordinance would make the following modifications to the code:
• Clean up some outdated language pertaining to the Metro jail and workhouse to clarify that the sheriff determines the personnel needs of the jail. The ordinance also deletes provisions pertaining to the refusal of prisoners to work, which are not consistent with state law.
• Re-writes the “school mothers’ patrol” ordinance. First, it reflects the name that has been assigned to the division for many years, which is the school crossing guard division. An amendment to the Charter formally renaming the division will be on the November 2012 ballot. Second, it deletes the outdated job requirements, such as a letter of reference requirement from a minister and the 50-year-old age limitation.
• Deletes the licensing requirements for “motion picture projectionists”. The Code currently provides that the board of electrical examiners is supposed to be licensing the operators of movie projectors, though this has not been done in years.
• Deletes the inspection and permitting requirements for “coin-operated or self-service dry cleaning establishments”.
• Deletes the requirement that billiard rooms close at midnight.
• Deletes the Code licensing provisions for charitable solicitors. Metro was enjoined from enforcing this ordinance over a decade ago because it was found to be unconstitutional. Keeping it in the Code has caused much confusion over the years.
• Deletes the provisions governing “nursing, convalescent and old age homes”. Such establishments are now regulated by state law, as well as the fire and building code.
• Deletes the requirement that Metro post signs within “public conveyances” alerting the public that spitting is illegal.
• Deletes an ordinance prohibiting throwing “stones or other missiles likely to cause breakage of windows of glass or the destruction of property”. Such activity is already prohibited by other trespass and vandalism laws.
• Deletes the antiquated definition of “trackless trolley coach”. This is defined as “every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.”
• Amends the Code provisions pertaining to attire within Metro parks. The Code currently prohibits “appearing in bathing costume or any other than ordinary attire” unless at a swimming pool. This ordinance would provide that no person “shall bathe, wade or swim, or appear in any such area unless covered with a bathing suit which must be kept in place at all times, and appropriate public park attire must be worn outside of such areas.”
• Deletes the requirement that sidewalks in the downtown area be constructed so as to accommodate flag poles for use on “patriotic and other special occasions”. Current federal ADA requirements would not allow flag poles to be in the sidewalk.
• Eliminates the Code provision prohibiting dragging timber “on the public square” or on any street in the USD. This law has been on the books since at least 1917. The penalty at the time was one dollar per offense.
• Deletes the provisions pertaining to the old curb market that was located on what is now Public Square Park. These code provisions date back at least to the 1930’s. The use of this property was restricted to “bona fide farmers and growers” including those selling live poultry.
• Amends the Code to clarify that residents can perform “work or labor” on their own property on Sunday. The law would still restrict contractors from working on Sunday without permission of the Codes department.      Return to Agenda