Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, October 21, 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 -


Health and Educational Facilities

Election to fill two vacancies with terms expiring September 30, 2014.
Nominees: Richard L. Brown, Dr. Elisha R. Richardson.

Action Commission
Appointment of Ms. Tomasa Bean for a term expiring February 2, 2010.
Ms. Bean will fill the unexpired term of Dr. Awadh A. Binhazim.

Educational Access Corporation
Appointment of Mr. T. C. Weber for a term expiring February 5, 2009.
Mr. Weber will fill the unexpired term of Ms. Beth O’Shea.

Gas/Mechanical Examiners and Appeals Board
Reappointment of Mr. Randy Chase for a term expiring August 21, 2012.
Appointment of Mr. Cal Nielson for a term expiring August 21, 2012.
Mr. Nielson will represent the mechanical contractor industry.

Property Standards and Appeals Board
Reappointment of Mr. Mark Sanders for a term expiring August 21, 2012.
Appointment of Mr. Carnell Scruggs for a term expiring July 29, 2012.

- RESOLUTIONS -

RESOLUTION NO. RS2008-490 (Forkum)
Referred to Budget & Finance Committee

A resolution establishing a privilege tax on litigation to be used for courthouse security purposes.

RESOLUTION NO. RS2008-491 (Forkum)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Arts Commission, for general operating support of the Arts Commission.

RESOLUTION NO. RS2008-492 (Forkum)
Referred to Budget & Finance Committee

A resolution accepting a grant between the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, for the provision of Juvenile Accountability Incentive Block Grant Program Services to enhance court staffing and pretrial services.

RESOLUTION NO. RS2008-493 (Forkum, Bennett)
Referred to Budget & Finance, Education
Parks & Library and Public Safety Committees

A resolution approving the Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County to provide agencies with the flexibility to prioritize and place justice funds where they are needed most.

RESOLUTION NO. RS2008-494 (Bennett, Forkum)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, for the construction of additional correctional capacity at the Metropolitan Detention facility.

RESOLUTION NO. RS2008-495 (Bennett, Forkum)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an Intergovernmental Agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, and Robertson County, Tennessee, to allow the Sheriff’s Office to house a limited number of Robertson County detainees.

RESOLUTION NO. RS2008-496 (Forkum)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an Intergovernmental Agreement by and between the State of Tennessee, Tennessee Emergency Management Agency, and The Metropolitan Government of Nashville and Davidson County, to reimburse the Metropolitan Government for aid provided to Hurricane Gustav evacuees.

RESOLUTION NO. RS2008-497 (Forkum)
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 Nashville Public Library, for the totally outstanding youth advocates for the library program.

RESOLUTION NO. RS2008-498 (Forkum)
Referred to Budget & Finance
and Parks & Library Committees

A resolution accepting a grant from the National Endowment for the Humanities to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to exhibit “John Adams Unbound”, a display of his enormous contributions to the founding of America.

RESOLUTION NO. RS2008-499 (Maynard, Durbin, Moore)
Referred to Budget & Finance, Personnel
and Health, Hospitals & Social Services Committees

A resolution authorizing the implementation of an incentive program for employees enrolled in the self-insured medical plans of the Metropolitan Government to utilize the services and medical facilities of the Metropolitan Hospital Authority.

RESOLUTION NO. RS2008-500 (Durbin, Forkum)
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 nutritional education and services to eligible women, infants, and children of Davidson County.

RESOLUTION NO. RS2008-501 (Forkum, Durbin)
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. RS2008-502 (Durbin, Forkum)
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 primary care services to uninsured adults at the Downtown Clinic for the Homeless.

RESOLUTION NO. RS2008-503 (Forkum, Durbin)
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 reduce the risk of adolescent diabetes by focusing on obesity prevention through physical activity.

RESOLUTION NO. RS2008-504 (Durbin, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an amendment to a grant from the Saint Thomas Health Services Fund d/b/a Safety Net Consortium of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to reduce socioeconomic and racial/ethnic disparities in Type 2 diabetes in adults.

RESOLUTION NO. RS2008-505 (Forkum)
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, acting by and through the Nashville Career Advancement Center, to provide implementation of the Career Readiness Certificate Program (08-09-FY8-7CR-STATE).

RESOLUTION NO. RS2008-506 (Forkum)
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, acting by and through the Nashville Career Advancement Center, to establish scholarships for adults and dislocated workers (09-09-PY8-2NC-STATE).

RESOLUTION NO. RS2008-507 (Baker, Forkum)
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, acting by and through the Nashville Career Advancement Center, to provide funding for the Disability Navigator Program to help individuals prepare for re-entry into the labor force and offer training to those facing serious barriers to productive employment (07-09-PY6-1AD-NCNTV).

RESOLUTION NO. RS2008-508 (Stanley, Forkum, Toler)
Referred to Budget & Finance
and Public Works Committees

A resolution approving a contract by and between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for signal improvements at the I-40 West ramp at Stewarts Ferry Pike, Project Identification No. 109552.00.

RESOLUTION NO. RS2008-509 (Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution approving a grant between the State of Tennessee, Department of Transportation, and the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for an intersection improvement program, Agreement No. 080119 and Project Identification No. 111335.00.

RESOLUTION NO. RS2008-510 (Craddock, Toler)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting an enhancement grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, for improvements to the Amqui Station.

RESOLUTION NO. RS2008-511 (Craddock, Toler)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an agreement between the Metropolitan Government of Nashville and Davidson County and Discover Madison, Inc., for improvements to the Amqui Station, to be performed and maintained by Discover Madison, Inc.

RESOLUTION NO. RS2008-512 (Durbin, Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for roadscape improvements in the Hillsboro Village area.

RESOLUTION NO. RS2008-513 (Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for the ITS System Detection and Traffic Signal Optimization Project.

RESOLUTION NO. RS2008-514 (Adkins, Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for the Harding Place Sidewalk and Bikeways Enhancement Grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department.

RESOLUTION NO. RS2008-515 (Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for the Gateway to Heritage Phase I streetscape improvements for I-40 Exits off 28th Avenue North and Jefferson Street.

RESOLUTION NO. RS2008-516 (Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Works Department, for the Countywide Wayfinding and Traffic Guidance Program – Phase 2.

RESOLUTION NO. RS2008-517 (Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County to purchase and remove homes at 365, 371, 377, and 381 Wimpole Drive which lie in a repetitively flooded area.

RESOLUTION NO. RS2008-518 (Forkum)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Lamont J. Bell against The Metropolitan Government of Nashville and Davidson County in the amount of $165,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2008-519 (Forkum)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle Antwand and Lashawn Covington’s claims against the Metropolitan Government of Nashville and Davidson County in the amount of $12,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2008-520 (Forkum)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Lana and Jack Copeland against the Metropolitan Government of Nashville and Davidson County in the amount of $52,500.00, and that said amount be paid out of the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-330 (Moore)

An ordinance amending Title 2, Chapter 2.128 of the Metropolitan Code of Laws to broaden the necessary qualifications for Executive Director of the Historical Commission.

BILL NO. BL2008-331 (Durbin)

An ordinance amending Chapter 10.18 of the Metropolitan Code of Laws pertaining to the prohibition of smoking in Metropolitan buildings.

BILL NO. BL2008-332 (Hodge)

An ordinance amending Section 10.64.015 of the Metropolitan Code to exempt certain group homes from the required installation of sprinklers when the homes’ occupants can evacuate promptly.

BILL NO. BL2008-333 (Gotto)

An ordinance amending Title 17 of the Metropolitan Code of Laws and requiring construction, enforcement and application of the zoning code consistent with federal law.

BILL NO. BL2008-334 (Jernigan)

An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, amending the definition of “automobile repair” and “automobile service” to prohibit vehicles being repaired or serviced from remaining on the premises more than thirty days.

BILL NO. BL2008-335 (Toler)
Approved by Planning Commission

An ordinance abandoning an 8” sanitary sewer line and easement and the 10”, 8” and 4” water lines and easements in connection with Project 07-SL-0128 and 07-WL-0080, Carothers Crossing, Phase 3, Section 1, shown on Map 188, Parcels 4, 5, 33, 36, 182, and 183, located at 7156, 7107, 7176, 7140 Carothers Road, authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-093G-12).

BILL NO. BL2008-336 (Toler)
Approved by Planning Commission

An ordinance abandoning an 8 inch sanitary sewer line and easement and replacing such with an 8 inch sanitary sewer and easement in connection Project 07-SL-0192, 3717 West End Subdivision, shown on Map 104-09, Parcels 180 and 277, 3717 West End Avenue and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-114U-10).

BILL NO. BL2008-337 (Toler)
Approved by Planning Commission

An ordinance abandoning an 8 inch sanitary sewer line and easement and installing a manhole in connection Project 08-SL-0057, shown on Map 093-09, Parcels 293-297, 1200 Laurel Street and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-138U-9).

- BILLS ON SECOND READING -

BILL NO. BL2008-298 (Tygard)
Referred to Budget & Finance
and Personnel Committees

An ordinance amending Section 3.40.050 of the Metropolitan Code to provide a minimum service pension benefit for employees with at least five years credited service from and after September 1, 2005.

BILL NO. BL2008-306 (Jameson, Duvall)
Referred to Public Safety Committee

An ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add noise restrictions within the downtown area.

BILL NO. BL2008-307 (Cole, Jameson & others)
Referred to Traffic & Parking
and Public Safety Committees

An ordinance amending Chapters 12.40 and 12.60 of the Metropolitan Code to prohibit the parking of motor vehicles within bicycle lanes.

BILL NO. BL2008-308 (Forkum, Tygard & others)
Referred to Budget & Finance Committee

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2008-2009.

BILL NO. BL2008-309 (Jameson, Forkum)
Approved by Planning Commission
Referred to Budget & Finance, Public Safety
and Planning & Zoning Committees

An ordinance approving a license agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, and the MPD Community Credit Union for the use of office space at the Criminal Justice Center (Proposal No. 2008M-139).

BILL NO. BL2008-310 (Bennett, Forkum)
Approved by Planning Commission
Referred to Budget & Finance, Public Safety
and Planning & Zoning Committees

An ordinance approving a lease agreement between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, for the lease of office space in the Davidson County Public Building and Court House (Proposal No. 2008M-161).

BILL NO. BL2008-311 (Forkum, Toler)
Referred to Budget & Finance
and Public Works Committees

An ordinance approving amendments to agreements between the Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities.

BILL NO. BL2008-312 (Gilmore)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: MDHA

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. 86, Alley No. 87 and Alley No. 142 (Proposal No. 2008M-141U-9).

- BILLS ON THIRD READING -

BILL NO. BL2008-292 (Ryman, Wilhoite)
(As Amended)
Approved by Codes Committee

An ordinance amending Chapter 6.52 of the Metropolitan Code regarding the types of plumbing work for which a plumbers’ license is required, and adding specifications for the three license classifications.

BILL NO. BL2008-300 (Forkum, Durbin)
Approved by Budget & Finance
and Health, Hospitals & Social Services Committees

An ordinance approving a contract for services 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 for the administration and provision of medical services for the Downtown Clinic for the Homeless.

BILL NO. BL2008-301 (Craddock, Toler)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning a 10 foot public utility easement in connection with Project 08-SG-0055, North Summerfield Drive, shown on Map 042-03, Parcel 118.00, North Summerfield Drive and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-123G-4).

BILL NO. BL2008-302 (Baker, Toler)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning a 16 inch water line and easement and an adjustment of a 16 inch sanitary sewer manhole vent in connection with Project 08-SL-0044 and 08-WL-0032, John C. Tune Airport, Map 079, Parcel 034.00, 110 Tune Airport Road and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-105U-7).

BILL NO. BL2008-303 (Toler, Gilmore)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning a 10 inch sanitary sewer line and easement rights and converting same to a Private Service Line easement in connection with Project 08-SL-0054, Bristol Germantown Abandonment, Alley Numbers 221 and 205 associated with Map 082-13, Parcel 203.00, located between Madison and Jefferson Streets and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-124U-8).

BILL NO. BL2008-304 (Gilmore, Toler)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance granting an easement to Lion Oil Company at Van Buren Street in Davidson County for the relocation of an underground fuel delivery pipeline (Proposal No. 2008M-145U-8).

BILL NO. BL2008-305 (Forkum)
Approved by Planning Commission
Public Works and Planning & Zoning Committees
Referred to Budget & Finance Committee

An ordinance authorizing the acquisition of an easement by negotiation or condemnation for use in public projects relating to Project No. 03-WG-116A, Powell Avenue 36 inch Water Main, Phase II, from Seaboard Railroad, Inc. (DBA CSX Railroad) for an access road.

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2008-521 (Gotto)
Referred to Public Works Committee

A resolution requesting CSX Transportation, Inc., to paint the railroad bridge over the Cumberland River north of James Robertson Parkway.