Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, June 16, 2009
6:30 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

CATV Special Committee
Appointment of Mr. Jad Duncan for a term expiring March 1, 2012.
Reappointment of Mr. Robert D. Tuke for a term expiring March 1, 2012.

Electrical Examiners & Appeals Board
Reappointment of Mr. James C. Seabury III for a term expiring February 15, 2013.

Board of Equalization
Appointment of Ms. Connie Johnson for a term expiring April 1, 2010.
Ms. Johnson will fill the unexpired term of Mr. Preston Balthrop.

Human Relations Commission
Reappointment of Dr. Dan Cornfield for a term expiring April 18, 2012.
Reappointment of Ms. Nonye N. Ejiofor for a term expiring April 18, 2012.
Reappointment of Father Charles Strobel for a term expiring April 18, 2012.

Transit Authority
Appointment of Mr. Jeff Yarbro for a term expiring June 1, 2014.

- RESOLUTIONS -

RESOLUTION NO. RS2009-743 (Forkum)
Referred to Budget & Finance Committee

A resolution establishing the certified tax rate in the General Services District, and declaring the amount of the certified rate for the Urban Services District, pursuant to the provision of Tennessee Code Annotated, § 67-5-1701, et seq.

RESOLUTION NO. RS2009-744 (Forkum)
Approved by Health, Hospitals & Social Services
and Public Safety Committees
Referred to Budget & Finance Committee

A resolution approving an intergovernmental agreement by and between The Metropolitan Government of Nashville and Davidson County and the Metropolitan Hospital Authority for the Davidson County Sheriff’s Office to manage security services at Hospital Authority facilities.

SUBSTITUTE RESOLUTION NO. RS2009-769 (Gotto)
Approved by Planning Commission
and Planning & Zoning Committee
Referred to Budget & Finance Committee

A proposed resolution to establish a new fee structure for specific plan district applications (Proposal No. 2009Z-007TX-001).

RESOLUTION NO. RS2009-802 (Forkum, Moore)
Referred to Budget & Finance
and Personnel Committees

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County, excluding employees of the Board of Health, Board of Education and the Police and Fire Departments, approved under Resolution No. RS2005-872, by delaying increment advances for one year beginning July 1, 2009.

RESOLUTION NO. RS2009-803 (Forkum, Bennett, Moore)
Referred to Budget & Finance
and Personnel Committees

A resolution amending the pay plan for employees of the Metropolitan Departments of Fire and Police, approved under Resolution No. RS2005-873, by delaying increment advances for one year beginning July 1, 2009.

RESOLUTION NO. RS2009-804 (McGuire, Forkum)
Referred to Budget & Finance
and Personnel Committees

A resolution amending the pay plan for employees of the Metropolitan Board of Health, approved under Resolution No. RS2005-874, by delaying increment advances for one year beginning July 1, 2009.

RESOLUTION NO. RS2009-805 (Moore, Forkum)
Referred to Budget & Finance
and Personnel Committees

A resolution repealing for a period of one year the payment of longevity pay for employees of The Metropolitan Government of Nashville and Davidson County, including employees of the Metropolitan Board of Health, and the payment of longevity pay supplement for certain employees.

RESOLUTION NO. RS2009-807 (Forkum)
Approved by Codes, Education
and Personnel Committees
Referred to Budget & Finance Committee

A resolution appropriating to certain accounts for the benefit of the State Trial Courts, Nashville Career Advancement Center (NCAC), Metropolitan Nashville Public Schools (MNPS), and the Tennessee State Fair in the amount of Fifteen Million Nine Hundred Sixty Thousand Two Hundred Dollars ($15,960,200) from undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources.

RESOLUTION NO. RS2009-811 (Claiborne, Todd, Forkum)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

A resolution authorizing the Director of Public Property, or his designee, to acquire property by purchase and/or donation from the Donelson Church of Christ to The Metropolitan Government of Nashville and Davidson County for a certain parcel of property for use as park land (Proposal No. 2009M-006PR-001).

RESOLUTION NO. RS2009-812 (Bennett, Forkum)
Referred to Budget & Finance Committee

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 Office of the District Attorney, to provide services to Hispanic victims of crime.

RESOLUTION NO. RS2009-813 (Forkum, Bennett)
Referred to Budget & Finance Committee

A resolution approving an application for an ARRA State JAG Team Child Nashville 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 Metropolitan Nashville Public Defender’s Office to provide aid to at risk youth.

RESOLUTION NO. RS2009-814 (Forkum, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a grant application from the State of Tennessee, Department of Finance and Administration, for the Byrne Justice Assistance Grant Local Jail Re-entry Program to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, to provide funding for three re-entry specialists.

RESOLUTION NO. RS2009-815 (Gilmore, Forkum)
Referred to Budget & Finance Committee

A resolution approving an application for an Energy Efficiency and Conservation Grant from the United States Department of Energy to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville General Services Department, to assist eligible entities to reduce fossil fuel emissions.

RESOLUTION NO. RS2009-816 (Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a grant application from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines and meal delivery services to eligible seniors.

RESOLUTION NO. RS2009-817 (Forkum, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to the contract for services from Hands on Nashville to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to coordinate the recruitment and training of community volunteers.

RESOLUTION NO. RS2009-818 (Forkum, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide direct financial assistance to clinical and social service providers to address the AIDS epidemic.

RESOLUTION NO. RS2009-819 (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, to provide TENNderCare outreach program services for enrolled children.

RESOLUTION NO. RS2009-820 (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, to provide tuberculosis control, prevention, and outreach services.

RESOLUTION NO. RS2009-821 (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 facilitate the planning, implementation, and evaluation of community-driven and evidence-based health promotion programs.

RESOLUTION NO. RS2009-822 (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 re-entry into the labor force (LW09P091YOUTH10).

RESOLUTION NO. RS2009-823 (Adkins, Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an amendment to a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville & Davidson County for the purchase and removal of 5405 and 5409 San Marcos Drive located in a repetitively flooded area.

RESOLUTION NO. RS2009-824 (Forkum, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for an Assistance to Firefighters Grant from the United States Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department.

RESOLUTION NO. RS2009-825 (Forkum, Bennett)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, for aid provided for Hurricane Gustav evacuee sheltering.

RESOLUTION NO. RS2009-826 (Forkum, Toler)
Referred to Budget & Finance
and Public Works Committees

A resolution adopting the 2009 Ammonia Surcharge Rate as required by Title 15.60.180, I, 3, TC.

RESOLUTION NO. RS2009-827 (Forkum, Toler)
Referred to Budget & Finance, Parks
and Public Works Committees

A resolution approving agreements between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, and the State of Tennessee, Department of Transportation, for the receipt of funds through the American Recovery and Reinvestment Act of 2009 (ARRA) for infrastructure projects in Davidson County.

RESOLUTION NO. RS2009-828 (Forkum, Toler)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

A resolution approving the exercise of fee simple acquisition options for the purchase of various flood prone property, for Metro Water Services Project No. 02-D-149 (Proposal No. 2002M-111U-12).

RESOLUTION NO. RS2009-829 (Forkum, Toler)
Referred to Budget & Finance, Parks
and Public Works Committees

A resolution approving Amendment No. 1 to the Project Cooperation Agreement between the Metropolitan Government and the U.S. Department of the Army, through the Army Corps of Engineers, for stabilization and improvements to the Metro Center Levee and for construction of a greenway on the levee.

RESOLUTION NO. RS2009-830 (Forkum)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle Hoa Duong’s claims against the Metropolitan Government of Nashville and Davidson County for the amount of $12,000.00, and directing that this amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2009-831 (Forkum)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Yolanda and Ashley Walker, against the Metropolitan Government for the amount of $10,000.00, and directing that this amount be paid from the Self-Insured Liability Fund.

RESOLUTION NO. RS2009-832 (LaLonde)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committee

A resolution authorizing American Cellular, Inc. to install, construct, and maintain an aerial encroachment at 2801 West End Avenue (Proposal No. 2009M-007EN-001).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-481 (Harrison)

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before March 17, 2009.

BILL NO. BL2009-482 (Coleman, Forkum, Hunt)

An ordinance amending Section 4.20.030 of the Metropolitan Code of Laws pertaining to performance and payment bonds.

BILL NO. BL2009-483 (Tygard, Barry & others)

An ordinance amending Chapter 7.08 of the Metropolitan Code to prohibit firearms in any establishment with an on-premises beer permit.

BILL NO. BL2009-484 (Forkum)
Approved by Planning Commission

An ordinance approving the lease of space in the 222 Building to Joe Suarez and Sung Cha Suarez, dba Take-A-Break, for the continued operation of a snack shop (Proposal No. 2009M-008PR-001).

BILL NO. BL2009-485 (Claiborne, Toler)
Approved by Planning Commission

An ordinance abandoning 1,240 feet of an existing 8 inch water main and 3 fire hydrants and abandoning 720 feet of an existing 8 inch sewer line and 2 manholes and the respective easements in connection with Project 09-SL-0002 and Project 09-WL-0001, shown on Map 107, Parcels 167, and Parcels 171-174, on Piedmont Natural Gas-Nashville Operations property, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-026ES-02).

BILL NO. BL2009-486 (Todd, Toler)
Approved by Planning Commission

An ordinance abandoning a 10 foot public utility easement in connection with Project 09-WG-0004, 915 Otter Creek Road, shown on Map 146-13, Parcel 001.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-013ES-001).

BILL NO. BL2009-487 (Moore, Gilmore, Forkum)
Approved by Planning Commission

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled Exhibits A-C and described below (Proposal No. 2009M-007PR-001).

BILL NO. BL2009-488 (McGuire, Forkum)

An ordinance approving an amendment to the Intergovernmental Agreement between the Metropolitan Government of Nashville and Davidson County and the Hospital Authority of The Metropolitan Government of Nashville and Davidson County.

BILL NO. BL2009-489 (Maynard, Barry)

An ordinance prohibiting handguns within Metropolitan Government parks, and amending Section 13.24.440 of the Metropolitan Code pertaining to the prohibition against firearms within parks.

- BILLS ON SECOND READING -

BILL NO. BL2009-442 (Ryman, Baker & others)
Referred to Codes
and Public Safety Committees

An ordinance amending Chapter 10.64 of the Metropolitan Code to amend the 2006 National Fire Protection Association Uniform Fire Code, 2006 Life Safety Code and miscellaneous NFPA Codes and Standards.

BILL NO. BL2009-459 (Bennett)
Approved by Budget & Finance Committee
Referred to Public Safety Committee

An ordinance to amend MCL 7.08 to add requirements under the Responsible Vendor Act, and to reflect changes in state beer laws including authorizing increased penalties for the sale of beer to minors.

BILL NO. BL2009-467 (Crafton)
Referred to Personnel Committee

An ordinance amending Section 3.04.010 of the Metropolitan Code to require all new employees of the Metropolitan Government to be residents of Davidson County.

BILL NO. BL2009-468 (Moore)
Approved by Planning Commission
and Traffic & Parking Commission (8-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Delia Seigenthaler

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning an unnumbered alley right-of-way, from W. Argyle Avenue, northeasterly to Alley No. 658 (Proposal No. 2009M-002AB-001).

BILL NO. BL2009-469 (Jameson)
Approved by Planning Commission
and Traffic & Parking Commission (8-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Elm Hill Development Corp.

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 North Second Street right-of-way, from Howerton Avenue northwestward to the dead end (Proposal No. 2009M-003AB-001).

- BILLS ON THIRD READING -

BILL NO. BL2009-390 (McGuire)
(As Amended)
Approved by Planning Commission (7-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
117-7-46 Steven & Claire Slone
Requested by: Dale & Associates

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 R10 to SP zoning property located at 2007 Lombardy Avenue, approximately 260 feet east of Hillsboro Pike (0.67 acres), to permit the development of six units, all of which is described herein (Proposal No. 2008SP-029U-10).

BILL NO. BL2009-456 (Forkum)
Re-referred to Budget & Finance Committee

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2009-2010.

BILL NO. BL2009-457 (Forkum)
Re-referred to Budget & Finance Committee

An ordinance establishing the tax levy in the General Services District for the fiscal year 2009-2010, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to Section 6.07 of the Metropolitan Charter.

BILL NO. BL2009-458 (Forkum)
Approved by Health, Hospitals & Social Services
and Public Safety Committees
Re-referred to Budget & Finance Committee

An ordinance amending Section 1.16.020 of the Metropolitan Code to provide the Sheriff the duty to provide security services at Hospital Authority facilities subject to agreeable terms approved by the Metropolitan Council.

BILL NO. BL2009-460 (Bennett)
Approved by Budget & Finance
and Health, Hospitals & Social Services Committees

An ordinance amending Chapter 8.12 of the Metropolitan Code to establish an animal offender school.

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2009-833 (Wilhoite)
Referred to Health, Hospitals & Social Services Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to repeal the state law provisions allowing pools owned and operated by a multi-family residential housing homeowners’ associations that are not in compliance with applicable health regulations to remain open.