Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, April 15, 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 -

Metropolitan Action Commission
Reappointment of Ms. Karen Doty for a term expiring February 2, 2011.
Reappointment of Mr. Robert McNeilly for a term expiring February 2, 2011.
Reappointment of Ms. Candace Reynolds for a term expiring February 2, 2011.

Metropolitan Nashville Airport Authority
Appointment of Mr. Bill Martin for a term expiring April 5, 2012.
Reappointment of Dr. A. Dexter Samuels for a term expiring April 5, 2012.

Charter Revision Commission
Appointment of Mr. Hal Hardin for a term expiring September 4, 2009.
Mr. Hardin will fill the unexpired term of Ms. Nancy Vincent.

Civil Service Commission
Reappointment of Mr. William H. Farmer for a term expiring March 31, 2013.

Convention Center Commission
Appointment of Ms. Erika Wollum Nichols for a term expiring June 7, 2009.
Ms. Nichols will fill the unexpired term of Mr. Kenneth Levitan.

Emergency Communications District Board
Appointment of Mr. Larry Cole for a term expiring February 14, 2012.
Mr. Cole will serve as the representative for School District 1.
Appointment of Mr. Wayne Tucker for a term expiring February 14, 2012.
Mr. Tucker will serve as the representative for School District 4.

Equalization Board
Appointment of Ms. Jean Harrison for a term expiring April 1, 2010
Appointment of Mr. Melvin Lowe for a term expiring April 1, 2010.
Appointment of Mr. Peter Westerholm for a term expiring April 1, 2010.

Planning Commission
Reappointment of Mr. George Derrick Dalton for a term expiring March 31, 2012.

Public Library Board
Appointment of Ms. Tam Gordon for a term expiring April 6, 2015.

Traffic and Parking Commission>
Appointment Reverend Breonus Mitchell, Sr. for a term expiring April 3, 2013.
Appointment of Mr. Gene Ward for a term expiring April 3, 2013.

Vegetation Control Board
Reappointment of Mr. Dwight Beard for a term expiring March 1, 2012.
Appointment of Mr. Roy Black for a term expiring March 1, 2012.
Appointment of Ms. Geraldine Searcy for a term expiring March 1, 2012.

- BILL ON PUBLIC HEARING –

BILL NO. BL2008-154 (Murray)
Approved by Planning Commission (8-0)
Federal Grants Review
and Planning & Zoning Committees

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

- RESOLUTIONS -

RESOLUTION NO. RS2008-223 (Jameson, Cole, Adkins)
Referred to Budget & Finance
and Convention & Tourism Committees

A resolution authorizing the execution and delivery of an Amended and Restated Intergovernmental Project Agreement with the Sports Authority of the Metropolitan Government of Nashville and Davidson County related to the Nashville Arena, and authorizing certain additional actions contemplated thereby.

RESOLUTION NO. RS2008-233 (Ryman, Cole)
Referred to Rules Committee

A resolution setting the date and time for the State of Metro Address.

RESOLUTION NO. RS2008-234 (Gotto)
Referred to Planning Commission
Budget & Finance and
Planning & Zoning Committees

A proposed resolution to establish an alternative, lower fee for applications to request minor changes to an adopted overlay district or specific plan district that must be approved by the Metro Council(Proposal No. 2008Z-012T).

RESOLUTION NO. RS2008-235 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the Safety Net Consortium of Middle Tennessee, LLC to The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Health, to reduce socioeconomic and racial/ethnic disparities in Type 2 diabetes in adults.

RESOLUTION NO. RS2008-236 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the U.S. Department of Health and Human Services to the Metropolitan Department of Health to enhance access to a comprehensive continuum of high quality, community-based care for low income individuals and families with HIV disease.

RESOLUTION NO. RS2008-237 (Maynard, Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting 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 a full-time Tennessee Adolescent Pregnancy Prevention Program Coordinator to concentrate on adolescent pregnancy prevention services.

RESOLUTION NO. RS2008-238 (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 Health Department, for programs to provide funding for project diabetes implementation activities in Davidson County.

RESOLUTION NO. RS2008-239 (Cole, Wilhoite)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a grant from Meharry Medical College to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to create and sustain the Nashville Youth Violence Prevention Urban Partnership and Academic Center of Excellence (NUPACE) injury surveillance system.

RESOLUTION NO. RS2008-240 (Cole)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract with Stericycle, Inc. to provide medical waste collection services.

RESOLUTION NO. RS2008-241 (Cole, Ryman)
Referred to Budget & Finance
and Personnel Committees

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County to provide administrative funds for the plumber and pipefitter apprenticeship program (7-09-PY6-6MN-STATE).

RESOLUTION NO. RS2008-242 (Cole, Ryman)
Referred to Budget & Finance
and Personnel Committees

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County for programs to provide pre-apprenticeship skills leading to apprenticeships in plumbing, pipefitting, and welding (7-09-FY7-1AP-RSPNC).

RESOLUTION NO. RS2008-243 (Foster, Cole)
Referred to Budget & Finance
and Parks & Library Committees

A resolution accepting a grant from the Tennessee Department of State, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County for the benefit of the Nashville Public Library for replacement of the public access computer reservation system server.

RESOLUTION NO. RS2008-244 (Evans, Cole)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an amendment to a grant from the State of Tennessee, Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, increasing the grant by an amount not to exceed $145,000.00 for the purpose of collecting and disposing of waste tires.

RESOLUTION NO. RS2008-245 (Evans)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a grant from the Tennessee Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, for intersection improvements to Jefferson Street from Rosa L. Parks Boulevard to Twenty-Eighth Avenue North.

RESOLUTION NO. RS2008-246 (Craddock)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an interlocal agreement between the Metropolitan Government, the Electric Power Board of the Metropolitan Government, and the United States Marshals Service for access to 800-MHZ for emergency radio dispatching and response.

RESOLUTION NO. RS2008-247 (Cole)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle The Metropolitan Government of Nashville and Davidson County’s claims against Randall L. Fowler for $30,000.00 and directing that this amount be paid into the Benefit Board Pension Plan Fund.

RESOLUTION NO. RS2008-248 (Cole)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of The Metropolitan Government of Nashville and Davidson County against Long T. Hau.

RESOLUTION NO. RS2008-249 (Cole)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of The Metropolitan Government of Nashville and Davidson County against Colin Jenkins.

RESOLUTION NO. RS2008-250 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Trial Lawyers Institute, Inc., d/b/a Riverfront Tavern, to install, construct and maintain an aerial encroachment at 101 Church Street (Proposal No. 2008M-059U-9A).

RESOLUTION NO. RS2008-251 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Rick’s Ranchwear, Inc. d/b/a Nashville Cowboy to install, construct and maintain an aerial encroachment at 132 Second Avenue North (Proposal No. 2008M-023U-9).

- BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2008-205 (Maynard)

An ordinance amending Chapter 6.54 of Title 6 and Chapter 7.08 of Title 7 of the Metropolitan Code of Laws pertaining to sexually oriented businesses by adding new provisions applicable to beer cabarets.

BILL NO. BL2008-206 (Cole, Craddock)

An ordinance amending Section 3.08.010 of the Metropolitan Code of Laws to include certain officers employed by the Davidson County Sheriff’s Office in the pension plan for members with fire and police credited service.

BILL NO. BL2008-207 (Gotto, Evans, Cole)

An ordinance authorizing the Metropolitan Government to participate with Towering Oaks Developing Group, LLC., to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Towering Oaks Pumping Station.

BILL NO. BL2008-208 (Evans, Cole)

An ordinance authorizing the Metropolitan Government to participate with Old South Properties, Inc., to provide public pressure sewer extension through construction of sewerage pump station and force main for its development at Old Hickory Pumping Station.

BILL NO. BL2008-209 (Stanley, Cole, Evans)
Approved by Planning Commission

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

BILL NO. BL2008-210 (Evans, Cole)
Approved by Planning Commission

An ordinance abandoning an 8” sanitary sewer line and easement that will be converted to a Private Service Line in connection with Project 07-SL-0224, West Nashville Heights Church of Christ, shown on Map 102-11, Parcels 003, 004, and 005, 6833 Old Charlotte Pike and 825 Templeton Drive and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-003U-7).

BILL NO. BL2008-211 (Ryman, Cole & others)
Approved by Planning Commission

An ordinance authorizing the acquisition of property by negotiation and acceptance for the purpose of acquiring easements, pumps and appurtenances for use in public projects of the Metropolitan Government, initially with relation to grinder pumps located at 65 Harbor Cove Drive, 326 Dry Creek Road, 950 Forest Acres Court, 3821 Leona Pass, 3809 Leona Pass, 3829 Leona Pass, 508 Pauls Trail, 640 Gaylemore Drive, 3812 Leona Pass, 2554 Miami Avenue, 2514 Miami Avenue, 3817 Leona Pass, and 3808 Leona Pass.

BILL NO. BL2008-212 (Matthews, Cole & others)
Approved by Planning Commission

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 140 3rd Avenue South, 5948, 5946, 5944, 5942, 5940, 5938, 5936, 5934, 5932, 5930, 5928, 5926, 5924, 5922, and 5920 Obrien Avenue, 2028 and 2022 West End Avenue, 3127 B. Parthenon Avenue, 8050 Highway 100, 4601 Ashland City Highway, 2141 Fairfax Avenue, 618 Thompson Lane, Valley View Road, 550 Great Circle Road, 2806 Dickerson Pike, 314 Natchez Court, 301 B. Madison Street, Cato Road, Murfreesboro Pike, 480 Hogan Road, 405 Northcrest Drive, 3851 Industrial Parkway, 1949 Old Hickory Boulevard, 4349 Shady Dale Road, 3901 Granny White Pike, 112 17th Avenue North, and Hayes Street.

- BILLS ON SECOND READING -

BILL NO. BL2008-176 (Cole)
Referred to Budget & Finance Committee

An ordinance approving an increase in probation supervision fees.

BILL NO. BL2008-177 (Stanley, Evans, Cole)
Approved by Planning Commission
Referred to Budget & Finance
Public Works and Planning & Zoning Committees

An ordinance approving the acquisition of a right-of-way easement from Benson’s, Inc. (Proposal No. 2008M-025G-14).

- BILLS ON THIRD READING -

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. BL2008-128 (Gilmore)
Disapproved by Planning Commission (7-0)
Approved by Traffic & Parking Commission (5-0)
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. BL2008-170 (Craddock)
Approved by Public Safety Committee

An ordinance amending Section 15.68.020 of the Metropolitan Code to authorize the Metropolitan Fire Marshal to grant waivers from the mandatory installation of private fire hydrants.

BILL NO. BL2008-171 (Craddock, Cole)
Approved by Budget & Finance
and Public Safety Committees

An ordinance accepting the donation of a horse by the name of “Superior Candidate” for the use and benefit of the Metropolitan Nashville Police Department.

BILL NO. BL2008-172
(Evans)
Approved by Budget & Finance
and Public Works Committees

An ordinance authorizing the Department of Water and Sewerage Services to use the Metropolitan Government contract with UtiliQuest to comply with Tennessee Code Annotated §65-31-101 et seq. as supported by the attached analysis addressing the applicable provisions of Metro Code of Laws §4.12.095.

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2008-229 (Crafton)
Referred to Rules Committee
Disapproved by Education Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to impose a two-term limit on members of the Metropolitan Board of Public Education.

RESOLUTION NO. RS2008-252 (Dominy)
Referred to Health, Hospitals & Social Services Committee

A resolution requesting the Tennessee Department of Correction not to renew the contract with First Medical Management to provide medical care for inmates at state correctional facilities.