Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, April 21, 2009
6:30 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Airport Authority
Reappointment of Mr. Jim Cheek for a term expiring April 5, 2013.
Reappointment of Mr. Ron Essig for a term expiring April 5, 2013.
Appointment of Mr. Bobby Joslin for a term expiring April 5, 2013.

CATV Special Committee
Reappointment of Ms. Kristal Hall Boone for a term expiring March 1, 2012.

Civil Service Commission
Reappointment of Mr. Michael Allen for a term expiring March 31, 2014.

Educational Access Corporation
Reappointment of Mr. Richard Tennent for a term expiring February 5, 2012.

Fair Board
Reappointment of Ms. Katy Varney for a term expiring April 6, 2014.

Fire and Building Code Appeals Board
Reappointment of Mr. C. Christopher Remke for a term expiring March 1, 2013.

Social Services Commission
Reappointment of Dr. Frank H. Boehm for a term expiring April 3, 2014.
Reappointment of Bishop George Price for a term expiring April 3, 2014.
Appointment of Mr. Patrick Willard for a term expiring April 3, 2010.
Mr. Willard will fill the unexpired term of Ms. Dot Dobbins.

- RESOLUTIONS -

RESOLUTION NO. RS2009-687 (Matthews, Forkum, Gotto)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution appropriating $125,000.00 to the Metropolitan Planning Commission pursuant to a grant from Bells Landing Partners, LLC, to fund studies required for the proposed May Town Center Development Project.

RESOLUTION NO. RS2009-696 (Steine)
Referred to Rules Committee

A resolution electing Mr. Richard Fulton to the Board of Directors of the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2009-697 (Forkum)
Referred to Budget & Finance Committee

A resolution approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the Industrial Development Board of the Metropolitan Government for administrative, financial and legal services.

RESOLUTION NO. RS2009-698 (Forkum)
Referred to Budget & Finance
and Convention & Tourism Committees

A resolution approving an Intergovernmental Project Agreement (Convention Center Project) by and between The Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Development and Housing Agency of The Metropolitan Government of Nashville and Davidson County, Tennessee.

RESOLUTION NO. RS2009-699 (Forkum)
Referred to Federal Grants Review Committee

A resolution setting a public hearing for proposed amendments to the Arts Center Redevelopment Plan and the Capitol Mall Redevelopment Project Plan.

RESOLUTION NO. RS2009-700 (Gilmore, Cole)
Referred to Federal Grants Review Committee

A resolution appropriating certain 2009-2010 Housing and Community Development funds and 2008-2009 Amendment to utilize Neighborhood Stabilization Program funds.

RESOLUTION NO. RS2009-701 (Forkum, Toler)
Referred to Budget & Finance Committee

Resolution of the governing body of The Metropolitan Government of Nashville and Davidson County, Tennessee, authorizing the issuance, sale and payment of interest-bearing energy efficiency (ECD) capital outlay notes not to exceed $330,000.00.

RESOLUTION NO. RS2009-702 (Forkum)
Referred to Budget & Finance Committee

A resolution authorizing the employment of special counsel to represent the interests of The Metropolitan Government of Nashville and Davidson County in matters related to the Juvenile Court.

RESOLUTION NO. RS2009-703 (Forkum)
Referred to Budget & Finance Committee

A resolution approving Amendment One to a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to establish and enforce federal and state mandated child support program guidelines for children born out of wedlock.

RESOLUTION NO. RS2009-704 (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 programs and deliver services to prepare youth for entry into the labor force and offer training to those persons facing serious barriers to productive employment (LW09ST91YOUTH09).

RESOLUTION NO. RS2009-705 (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 programs and deliver services to prepare dislocated workers through The Recovery Act to preserve and create jobs (LW09ST91DSLWK09).

RESOLUTION NO. RS2009-706 (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 programs and deliver services to prepare adults for entry into the labor force (LW09ST91ADULT09).

RESOLUTION NO. RS2009-707 (Forkum, Baker)
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 funds to upgrade the skills of twenty apprentices at Heat and Frost Insulators Apprenticeship Training Program (09-09-FY9-7AP-STATE).

RESOLUTION NO. RS2009-708 (Forkum, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, to enhance fire prevention education through the use of dual smoke detectors and public education awareness.

RESOLUTION NO. RS2009-709 (Forkum, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to subsidize the emergency management program.

RESOLUTION NO. RS2009-710 (Bennett, Forkum)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an Intergovernmental Agreement between The Metropolitan Government of Nashville and Davidson County and the United States Department of Justice by which the Metropolitan Nashville Police Department shall provide police assistance to the Organized Crime Drug Enforcement Task Force.

RESOLUTION NO. RS2009-711 (McGuire, 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 HIV/AIDS prevention and surveillance and sexually transmitted disease services.

RESOLUTION NO. RS2009-712 (McGuire, Forkum)
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, to provide tobacco use prevention services to Davidson County residents.

RESOLUTION NO. RS2009-713 (McGuire, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Two 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.

RESOLUTION NO. RS2009-714 (Forkum, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a clinical affiliation agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Aquinas College to provide clinical experience for students enrolled in the undergraduate nursing program.

RESOLUTION NO. RS2009-715 (Forkum, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an amendment to a contract with Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the Health Department’s participation in the Tuberculosis Trials Consortium Project.

RESOLUTION NO. RS2009-716 (Forkum, McGuire)
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, for the provision of food safety services and to conduct surveys as required.

RESOLUTION NO. RS2009-717 (Forkum, McGuire)
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 support the delivery of public health services.

RESOLUTION NO. RS2009-718 (Burch, Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville & Davidson County for the purchase and removal of 365, 371, 377 and 381 Wimpole Drive located in a repetitively flooded area.

RESOLUTION NO. RS2009-719 (Forkum, Toler)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an amendment to a contract 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 the Chestnut Street Bridge Replacement, Contract No. 2001659, Pin. No. 1002005.00.

RESOLUTION NO. RS2009-720 (Gotto, Forkum)
Referred to Budget & Finance
and Planning & Zoning Committees

A resolution accepting a donation from The University of North Carolina – Chapel Hill to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Metropolitan Planning Commission.

RESOLUTION NO. RS2009-721 (Forkum)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Anthony Flemister.

RESOLUTION NO. RS2009-722 (Forkum)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Valeriaro Smith.

RESOLUTION NO. RS2009-723 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Broadway W&R, LLC, to install, construct, and maintain an aerial encroachment at 300 Broadway for Opry Originals (Proposal No. 2009M-004EN-001).

RESOLUTION NO. RS2009-724 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Ed Smith, lessee, and Lufay Anderson Sweet, II, owner, to install, construct, and maintain an aerial encroachment at 321 Broadway for Betty Boots (Proposal No. 2009M-006EN-001).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-411 (Mitchell)
Map & Parcel No./Owner:
155-122 Betty French & Mary & James Johnson
Requested by: Councilman Mitchell

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 Ordinance No. BL2005-543 to modify a condition pertaining to the restriction of access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (2009Z-015PR-001).

BILL NO. BL2009-433 (Tygard, Forkum & others)

An ordinance amending Chapter 6.04 of the Metropolitan Code pertaining to the placement of signs in the public right-of-way and on public property, and providing additional enforcement provisions.

BILL NO. BL2009-434 (Craddock, Gotto & others)

An ordinance amending Chapter 6.80 of the Metropolitan Code pertaining to the “booting” of vehicles within the area of the Metropolitan Government.

BILL NO. BL2009-435 (Hodge, Craddock)

An ordinance amending Chapter 16 of The Metropolitan Code of Laws by adopting the 2005 Edition of the National Electrical Code and amendments thereto.

BILL NO. BL2009-436 (Forkum, Garrett & others)

An ordinance approving Amendment No. 3 to the Arts Center Redevelopment Plan and Amendment No. 8 to the Capitol Mall Redevelopment Project Plan.

BILL NO. BL2009-437 (Forkum, Garrett & others)

An ordinance authorizing the acquisition of property in fee simple by negotiation or condemnation for the Convention Center Project, providing for certain relocation assistance payments and authorizing the conveyance of the Convention Center Project by the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County.

BILL NO. BL2009-438 (Toler)
Approved by Planning Commission

An ordinance abandoning an 8 inch sanitary sewer line and easement and a manhole and accepting a relocated 8 inch sanitary sewer line and easement and manhole in connection with Project 08-SL-0091, shown on Map 075-14, Parcel 78 and Map 075, Parcels 48 and 49, 4309 and 5309 Weber Road, and 8226 Eva Drive, Alan Estates, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-227G-14).

BILL NO. BL2009-439 (Baker, Toler, Claiborne)
Approved by Planning Commission

An ordinance authorizing the acquisition of property, by negotiation or condemnation, and acceptance for the purpose of acquiring easements for use in public projects described in the plans for Hite Street, 712, 714, 718, 720, and 736 Hite Street, 50 and 51 Visco Court, and 2136 Utopia Avenue, Stormwater Project. Nos. 03-D-0567 Hite Street, and 06-D-0899 Visco Court.

BILL NO. BL2009-440 (Toler, Hunt & others)
Approved by Planning Commission

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in public projects described in the plans for 608, 612, 613 A, and 614 A Claridge Drive, 5024 Trousdale Drive, 500, 415, and 412 Barrywood Drive, 238 Sunrise Avenue, 101 A Radnor Street, 811 and 813 Carlyle Place, Creek Trail Drive, 4146 Brick Church Pike, Coarsey Drive, 1213, 1215, 1217, 1221, 1222, 1226, 1228, and 1232 Coarsey Drive, and 1216 Ainlay Drive, 2303, 2305, 2307, 2308, 2309, 2312, and 2311 Selma Drive, 2308 and 2316 Castlewood Drive 1213, 1215, 1217, 1219, and 4421 Lone Oak Road, 108 and 112 Jamesborough Court, and 2605 Ravine Drive.

BILL NO. BL2009-441 (Gilmore, Toler & others)
Approved by Planning Commission

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2356 Gallatin Pike, 4145 Lebanon Pike, 317 Myatt Drive, 1201 Murfreesboro Pike, 648 Grassmere Park, 2600 Music Valley Drive, 618 Thompson Lane, 5711 Granny White Pike, 2318 Curzen Street, 719 Thompson Lane, 816, 818, and 820 Old Hickory Boulevard, 1713 Broadway, 5144 Hickory Hollow Parkway, Pearl Street, 1701 Cedar Grove Road, Cedar Grove Road, Cedar Grove Road, 8267 Collins Road, 88 Polk Avenue, Polk Avenue, 6030 and 6040 Dana Way, Eatons Creek Road, Eatons Creek Road, Old Hickory Boulevard, 1320 Rosa L. Parks Boulevard, and 5606 Clarksville Pike.

- BILLS ON SECOND READING -

BILL NO. BL2009-417 (Murray, Cole)
Referred to Public Safety Committee

An ordinance amending Chapter 6.72 of the Metropolitan Code of Laws in its regulation of taxicab companies to require both a physical place of business within Davidson County and twenty-four hour call and dispatch services.

BILL NO. BL2009-418 (Bennett, Duvall)
Referred to Health, Hospitals & Social Services Committee

An ordinance amending Section 8.12.030 of the Metropolitan Code of Laws to define the appropriate length of outdoor pet tethers.

BILL NO. BL2009-419 (Burch)
Referred to Public Safety Committee

An ordinance amending Section 12.08.150 of the Metropolitan Code pertaining to the impoundment and/or booting of vehicles illegally parked within the area of Metropolitan Government.

BILL NO. BL2009-420 (Gilmore, Cole)
Referred to Federal Grants Review Committee

An ordinance authorizing the Metropolitan Mayor to submit an Amendment to the Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

BILL NO. BL2009-421 (Forkum)
Approved by Planning Commission
Referred to Budget & Finance
and Planning & Zoning Committees

An ordinance approving six leases between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Juvenile Court, and the Metropolitan Development and Housing Agency for space to be used for the Truancy Reduction Program (Proposal No. 2009M-004PR-001).

- BILL ON THIRD READING -

BILL NO. BL2009-401 (Gotto)
Approved by Planning Commission (8-0-1)
and Planning & Zoning Committee
Map & Parcel No./Owner:
86 Part of Parcel 215 JAI Ganesha LLC
Requested by: Civil and Environmental Engineering

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 a portion of the Commercial Planned Unit Development district located at 3887 Central Pike, approximately 700 feet east of Old Hickory Boulevard, zoned CS, (1.46 acres), to permit a 4-story, 67 room hotel where a 2-story, 47 room hotel was previously approved, all of which is more particularly described herein (Proposal No. 6-74-G-14).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2009-621 (Harrison, Hunt)
Referred to Parks Committee

A resolution requesting the Metropolitan Board of Parks and Recreation and the Director of Public Property Administration to take the action necessary to acquire the Park Preserve property located between Brick Church Pike and Whites Creek Pike for use as a public park.

RESOLUTION NO. RS2009-690 (Mitchell)
Referred to Budget & Finance Committee

A resolution expressing the Metropolitan Council’s intent that federal economic stimulus funds received by the Metropolitan Government be used to purchase goods or services from United States companies.

RESOLUTION NO. RS2009-693 (Dominy)
Referred to Public Works Committee

A resolution requesting the Tennessee Department of Transportation to promote, encourage, and allow the growth of trees and vegetation within and along interstate rights-of-way to the maximum extent permitted under Federal Highway Administration regulations.

RESOLUTION NO. RS2009-725 (Ryman)
Referred to Public Safety Committee

A resolution supporting SB0015/HB0339 currently pending in the Tennessee General Assembly that would establish a senior citizen alert system in Tennessee.

RESOLUTION NO. RS2009-726 (Stanley)
Referred to Planning & Zoning Committee

A resolution requesting Central Pike Investors, LLC, to maintain the recorded right-of-way easement from Dodson Chapel Road to the Chandler graveyard to allow community access to this historic site.

RESOLUTION NO. RS2009-727 (Jameson, Holleman)
Referred to Rules Committee

A resolution encouraging the organizers of the Country Music Marathon and Half-Marathon to continue their efforts to implement sustainable practices for future races.

RESOLUTION NO. RS2009-728 (Holleman, Jameson)
Referred to Budget & Finance
and Planning & Zoning Committee

A resolution supporting state legislation to provide tax incentives for the planting of new and/or replacement trees as part of commercial and residential development.

RESOLUTION NO. RS2009-729 (Barry, Cole & others)
Referred to Budget & Finance
and Personnel Committees

A resolution opposing legislation currently pending in the Tennessee House of Representatives that would preempt local governments from requiring private employers to pay its employees a living wage or prevailing wage not required to be paid under state or federal law.

RESOLUTION NO. RS2009-730 (Hodge, Foster & others)
Referred to Rules Committee

A resolution proclaiming May 7, 2009, as National Day of Prayer.