Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, September 17, 2013
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Audit Committee
Election of two Council members for two-year term ending August 31, 2015.

Metropolitan Housing Trust Fund Commission
Appointment of Ms. Latrish Jemison for a term expiring September 17, 2018.
Appointment of Mr. Steve Neighbors for a term expiring September 17, 2017.
Appointment of Ms. Betty Nixon for a term expiring September 17, 2014.
Appointment of Ms. Martha Silva for a term expiring September 17, 2015.
Appointment of Mr. Ben Schaedle for a term expiring September 17, 2016.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2013-844 (Langster)
Referred to Public Safety Committee

A resolution exempting Atmalogy located at 2320 West End Avenue 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. RS2013-845 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing an economic and community development incentive grant to be made to the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County (“IDB”) for the benefit of UBS AG, New York Branch a Swiss Corporation ("UBS").

RESOLUTION NO. RS2013-846 (Steine, Harrison)
Referred to Budget & Finance
and Traffic, Parking & Transportation Committees

A resolution approving an attached amendment to the agreement by and between the Metropolitan Government of Nashville and Davidson County and the Nashville Downtown Partnership concerning operation of certain parking facilities, to delegate to the Downtown Partnership the authority to enter into a separate agreement with UBS AG, New York Branch, for use of parking spaces in the Courthouse garage.

RESOLUTION NO. RS2013-847 (Steine, Pardue)
Referred to Budget & Finance Committee

A resolution approving a contract with Siemens Healthcare Diagnostics Inc. for the provision and maintenance of drug-testing equipment for the State Trial Courts.

RESOLUTION NO. RS2013-848 (Pardue)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an Intergovernmental Agreement between The Metropolitan Government Of Nashville and Davidson County, The Electric Power Board of The Metropolitan Government of Nashville and Davidson County, and The United States Coast Guard for access to 800-Mhz for emergency radio dispatching and response.

RESOLUTION NO. RS2013-849 (Steine, Pardue)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a Southeast Regional Training Center Grant for the Gang Resistance Education and Training Program (GREAT) from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to continue implementing officer training and certification.

RESOLUTION NO. RS2013-850 (Steine, 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 nutrition education and services to eligible women, infants, and children (WIC) and breast feeding peer counseling programs for citizens of Davidson County.

RESOLUTION NO. RS2013-851 (Steine, 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 tuberculosis control, prevention, and outreach.

RESOLUTION NO. RS2013-852 (Steine, Maynard, Langster)
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 nutritious food to low income clients vulnerable to inadequate nutrition.

RESOLUTION NO. RS2013-853 (Steine, Maynard, Langster)
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 funding for Project Diabetes Initiative Services (Golden Sneakers Program) to provide primary prevention to licensed childcare facility families and staff to increase the likelihood that children will develop healthy diet and exercise habits.

RESOLUTION NO. RS2013-854 (Steine, Maynard, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Eight 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. RS2013-855 (Steine, Tygard)
Referred to Budget & Finance
and Parks & Library Committees

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

RESOLUTION NO. RS2013-856 (Gilmore)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing NCB Garage Partners to construct, install, and maintain an aerial encroachment at 217 3rd Avenue North (Proposal No. 2013M-005EN-001).

RESOLUTION NO. RS2013-857 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Melody Brown against the Metropolitan Government of Nashville and Davidson County in the amount of $13,000, and that said amount be paid out of the Self Insured Liability Fund.

RESOLUTION NO. RS2013-858 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Dedrick Hardison against the Metropolitan Government of Nashville and Davidson County in the amount of $11,562.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2013-859 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the subrogation claim of the Metropolitan Government of Nashville and Davidson County against Vanderbilt University d/b/a Vanderbilt Medical Center and Medical Necessities and Services, LLC, in the amount of $10,000.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2013-544 (Steine, Westerholm)

An ordinance amending Title 3 of the Metropolitan Code relative to retiree medical benefits.

BILL NO. BL2013-545 (Steine)

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2013-2014.

BILL NO. BL2013-546 (Steine, Hunt, Langster)

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County and the Christine P. Nall Living Trust for the building located at 339 21st Avenue North, Nashville (Proposal No. 2013M-036PR-001).

BILL NO. BL2013-547 (Dominy, Hunt)

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 210 linear feet of an existing eight inch public sewer main and easement and to accept approximately 212 linear feet of an eight inch public sewer main and easement for property located at 4418 Lealand Lane (MWS Project No. 13-SL-55 and Proposal No. 2013M-044ES-001).

BILL NO. BL2013-548 (Dominy, Hunt, S. Davis)

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 172 linear feet of an existing 12 inch public sewer main and easement, approximately 190 linear feet of an existing two inch public water main and easement, and to accept approximately 266 linear feet of a 12 inch public sewer main and easement for properties located at 0 and 32 McFerrin Avenue (MWS Project No. 13-SL-80 and 13-WL-84 and Proposal No. 2013M-045ES-001).

BILL NO. BL2013-549 (Dominy, Hunt, Johnson)

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Flintlock Court Stormwater Improvement Project for five properties located at 171 Bell Road, 2404 Ravine Drive, 904 Flintlock Place, 1009 Flintlock Court, and 1025 Flintlock Court, (Project No. 14-SWC-018 and Proposal No. 2013M-046ES-001).

- BILLS ON SECOND READING -

BILL NO. BL2013-526 (Steine, Westerholm)
Referred to Budget & Finance
and Personnel Committees

An ordinance amending section 3.24.020 of the Metropolitan Code pertaining to the treatment of accidental injuries arising out of and in the course of employment.

BILL NO. BL2013-527 (Steine, Westerholm)
Referred to Budget & Finance
and Personnel Committees

An ordinance approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Concentra Health Services, Inc., for the provision of medical services to employees that have sustained an occupational injury.

BILL NO. BL2013-528 (Claiborne, Steine, Tygard)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance approving and authorizing the Director of Public Property, or his designee, to accept the donation of real property (known as Map 106-04 part of Parcel 20) from Pinnacle Business Products, LLC, for use as part of the parks system (Proposal No. 2013M-032PR-001).

BILL NO. BL2013-529 (Westerholm)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Dean Design Group

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. 277 right-of-way (Proposal No. 2013M-012AB-001).

BILL NO. BL2013-530 (Allen)
Approved by Planning Commission
and Traffic & Parking Commission
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: DreamInc.

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. 968 right-of-way and easement (Proposal No. 2013M-011AB-001).

BILL NO. BL2013-531 (Dominy, Hunt, Harrison)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Whites Creek Stormwater Improvement Project for one property located at 2532 Whites Creek Pike (Project No. 13-SWC-154 and Proposal No. 2013M-042ES-001).

BILL NO. BL2013-532 (Dominy, Hunt, Harrison)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the County Hospital Road Stormwater Improvement Project for six properties located at 1809, 1811, 1813, 1901, 1903, and 1905 County Hospital Road (Project No. 12-SWC-029 and Proposal No. 2013M-034ES-001).

BILL NO. BL2013-533 (Dominy, Hunt, A. Davis)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the McGavock Pike Stormwater Improvement Project for two properties located at 1119 and 1121 McGavock Pike (Project No. 13-SWC-190 and Proposal No. 2013M-041ES-001).

BILL NO. BL2013-534 (Dominy, Hunt, Langster)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon one sewer manhole and approximately 15 linear feet of an existing public sewer main and to accept one sewer manhole for various properties located along Cartwright Street and Charlotte Avenue (MWS Project No. 13-SL-37 and Proposal No. 2013M-036ES-001).

BILL NO. BL2013-535 (Dominy, Hunt, Langster)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 160 linear feet of an existing public sewer main and easement and 1,500 linear feet of existing public water main and to accept 1,550 linear feet of eight inch and 12 inch water mains, five fire hydrants, and 207 linear feet of an eight inch sewer line for properties located at 1809 Morena Street and 1807 Albion Street (MWS Project Nos. 13-WL-33 and 13-SL-29 and Proposal No. 2013M-039ES-001).

BILL NO. BL2013-536 (Gilmore, Dominy, Hunt)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 140 linear feet of an existing 96 inch public sewer main and easement and approximately 110 linear feet of existing 15 inch public sewer main, and to accept approximately 180 linear feet of a 96 inch public sewer main for properties located at 1800 Chet Atkins Place and 817 18th Avenue South (MWS Project No. 13-SL-0038 and Proposal No. 2013M-035ES-001).

BILL NO. BL2013-537 (Dominy, Hunt, S. Davis)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon approximately 436 linear feet of an existing 108 inch public sewer main and 762 linear feet of 30 inch public sewer main and associated easements for properties located at 5 Main Street and 110 N. First Street, (MWS Project No. 94-SC-5B-2 and Proposal No. 2013M-040ES-001).

SUBSTITUTE BILL NO. BL2013-543 (Tygard, S. Davis)
Referred to Budget & Finance
and Parks Committees

An ordinance amending Section 13.24.390 of the Metropolitan Code pertaining to sponsorships on park property, and authorizing the acceptance and deposit of sponsorship funds.

- BILLS ON THIRD READING -

BILL NO. BL2013-515 (Hunt)
Planning Commission – Approved with conditions, disapproved without (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
49-200.01, 140, 319 Fontanel Properties, LLC
Requested by: EDGE Planning, Zoning and Historical Landscape Architects

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 Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres) and located within the Floodplain Overlay District, to permit a rural resort with lodging for up to 140 rooms, all of which is described herein (Proposal No. 2009SP-022-007).

BILL NO. BL2013-516 (Claiborne)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee

A request to amend Sections 17.40.105 and 17.40.106 of the Metropolitan Zoning Code pertaining to Specific Plan Districts (Proposal No. 2013Z-011TX-001).

BILL NO. BL2013-524 (Claiborne, Matthews)
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. BL2013-525 (Potts)
Approved by Planning Commission
Public Works and Planning & Zoning Committees

An ordinance approving an Agreement by and between the Metropolitan Government, acting by and through its Department of Public Works, Avondale Residential, Inc. and CSX Transportation, Inc. for the construction and acceptance of a roadway bridge over the CSXT right-of-way at Railroad Milepost 00N-15.45- OP No. 432540 Bellevue (Proposal No. 2013M-002OT-001).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2013-860 (Maynard, Johnson)
Referred to Rules Committee

A resolution recognizing National Infant Mortality Awareness Month - September 2013.

Requests for ADA accommodation should be directed to Ana Escobar at 615/862-6770.