Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday August 18, 2009
6:30 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PROPOSED RULES AMENDMENT-

Proposed amendment to Rule No. 14 of the Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Auditorium Commission
Appointment of Ms. Charleen Bethart for a term expiring June 30, 2012.
Appointment of Mr. LeShane Greenhill for a term expiring June 30, 2012.

Convention Center Commission
Reappointment of Mr. William McDonald for a term expiring June 7, 2012.
Reappointment of Ms. Erika Wollum Nichols for a term expiring June 7, 2012.
Appointment of Mr. Sam Patel for a term expiring June 7, 2012.
Reappointment of Mr. Edward Stevenson for a term expiring June 7, 2012.

Human Relations Commission
Reappointment of Mr. Dennis Nunez for a term expiring April 18, 2012.

Property Standards & Appeals Board
Reappointment of Mr. David Kipp for a term expiring July 29, 2012.

Social Services Commission
Reappointment of Mr. Howard Gentry for a term expiring July 20, 2014.

Tourism & Convention Commission
Reappointment of Mr. Johnny Walker for a term expiring June 30, 2012.

- RESOLUTIONS -

RESOLUTION NO. RS2009-881 (Forkum, Garrett)
Referred to Budget & Finance
and Convention & Tourism Committees

A resolution approving the formation of a convention center authority, approving the form of corporate charter proposed to be used in organizing the authority, and authorizing the Metropolitan Mayor to execute, acknowledge, and file a charter for the authority.

RESOLUTION NO. RS2009-882 (Craddock)
Referred to Planning & Zoning Committee

A resolution submitting to the Metropolitan Planning Commission a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located within the Golden Oak subdivision on Saunders Avenue, all of which is more particularly described herein.

RESOLUTION NO. RS2009-883 (Forkum, Bennett, Toler)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for a Litter Program Grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, for litter reduction services along county, state, and interstate highways.

RESOLUTION NO. RS2009-884 (Bennett, Forkum)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving Amendment Two to a grant from the State of Tennessee, Board of Probation and Parole, to The Metropolitan Government of Nashville and Davidson County for the Davidson County Community Corrections Program.

RESOLUTION NO. RS2009-885 (Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between the United States Department of Justice, Drug Enforcement Administration (DEA), and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to provide police assistance to the Middle Tennessee Drug Enforcement Task Force.

RESOLUTION NO. RS2009-886 (Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between the State of Tennessee, by and through the Tennessee Bureau of Investigation, and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, regarding participation in the Tennessee Fusion Center.

RESOLUTION NO. RS2009-887 (Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between the State of Tennessee, by and through the Tennessee Wildlife Resources Agency, and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, for the issuance of Boating Law Enforcement Commissions to officers of the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2009-888 (Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between the State of Tennessee, by and through the Tennessee Office of Homeland Security, and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, regarding state equipment issued for use by the Terrorism Liaison Officer.

RESOLUTION NO. RS2009-889 (Forkum, McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution to appropriate funds received from Piedmont Natural Gas Company, Inc. to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Action Commission in conjunction with the Share the Warmth Program, to provide funds to aid in heating and cooling crises of eligible customers.

RESOLUTION NO. RS2009-890 (McGuire, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution appropriating funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program.

RESOLUTION NO. RS2009-891 (McGuire, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution appropriating funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program.

RESOLUTION NO. RS2009-892 (McGuire, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an amendment to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for air pollution control.

RESOLUTION NO. RS2009-893 (McGuire, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment Six to the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange assistance in the planning, development and delivery of services for minority individuals affected and infected with HIV/AIDS.

RESOLUTION NO. RS2009-894 (McGuire)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to 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 to provide medical services to homeless clients at the downtown clinic.

RESOLUTION NO. RS2009-895 (McGuire, Forkum)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an application for a Homelessness Prevention and Rapid Re-Housing Grant from the Metropolitan Development and Housing Authority to The Metropolitan Government of Nashville and Davidson County, acting by and through the Social Services Commission, to serve households who have lived in emergency shelters or on the streets for at least seven consecutive days.

RESOLUTION NO. RS2009-896 (Forkum)
Referred to Budget & Finance
and Personnel Committees

A resolution approving Amendment One to 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. RS2009-897 (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 for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09P091DSLWK10).

RESOLUTION NO. RS2009-898 (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, to make resources available to Standard Candy to support its new and existing employees and to create 210 new jobs (LW09P091FTSWA10).

RESOLUTION NO. RS2009-899 (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 re-entry into the labor force (LW09P091ADULT10).

RESOLUTION NO. RS2009-900 (Forkum, Toler)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an amendment and extension of the Recycling Services Agreement between The Metropolitan Government of Nashville and Davidson County and QRS, Inc., formerly Rivergate Recycling.

RESOLUTION NO. RS2009-901 (Hunt, Forkum, Toler)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for a grant from the Tennessee Department of Agriculture to The Metropolitan Government of Nashville & Davidson County for the purpose of community tree planting on vacant flood prone property on Ewingdale Drive, owned by the Metropolitan Government.

RESOLUTION NO. RS2009-902 (Craddock, Bennett & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for a TIGER Program 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 pedestrian enhancements to the Gallatin Road Bus Rapid Transit (BRT) Route.

RESOLUTION NO. RS2009-903 (Stanley, Forkum, Toler)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an Agreement between the Tennessee Department of Transportation, and the Metropolitan Government of Nashville and Davidson County, through the Metropolitan Public Works Department, and the Nashville & Eastern Railroad Corporation, and the Nashville & Eastern Railroad Authority for the widening of Central Pike.

RESOLUTION NO. RS2009-904 (Stanley, Toler, Forkum)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an amendment to a contract between the State of Tennessee, through the Department of Transportation, and the Metropolitan Government of Nashville and Davidson County, through the Metropolitan Public Works Department, for the widening of Central Pike, Contract No. 98-391, Pin. No. 101200.00.

- 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. BL2009-524 (Crafton)

An ordinance providing a one-time traffic violation amnesty program.

BILL NO. BL2009-525 (Craddock)

An ordinance amending Title 6 of the Metropolitan Code to regulate the “booting” of vehicles within the area of the Metropolitan Government.

BILL NO. BL2009-526 (Coleman, Claiborne, Dominy)

An ordinance amending Chapter 11.20 of the Metropolitan Code to prohibit the Metropolitan Government from discriminating on the basis of non-merit factors in its employment practices.

BILL NO. BL2009-527 (Crafton)

An ordinance amending Chapters 15.20 and 15.36 of the Metropolitan Code pertaining to the charging of water and sewer tapping and capacity fees.

BILL NO. BL2009-528 (Ryman)
Approved by Planning Commission
and Traffic & Parking Commission (5-0)
Requested by: Lloyd C. Crawford

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 Old Baker Road right-of-way (Proposal No. 2009M-001AB-001).

- BILLS ON SECOND READING -

BILL NO. BL2009-491 (Stanley, Coleman)
Referred to Traffic & Parking Commission
Public Works
and Traffic & Parking Committees

An ordinance amending Title 12 of the Metropolitan Code regarding commercial vehicles operating on local streets.

BILL NO. BL2009-498 (Stanley)
Referred to Codes
and Public Safety Committees

An ordinance amending Section 11.12.070 of the Metropolitan Code regarding noise from commercial establishments contiguous to residential areas.

BILL NO. BL2009-502 (Barry, Garrett & others)
Disapproved by Personnel Committee

An ordinance amending Chapter 11.20 of the Metropolitan Code to prohibit the Metropolitan Government from discriminating on the basis of sexual orientation or gender identity through its employment practices.

BILL NO. BL2009-503 (Dominy, Duvall)
Referred to Codes Committee

An ordinance amending Title 16 of the Metropolitan Code regarding sustainable development design standards for new and renovated Metropolitan Government buildings and facilities to allow an alternative to LEED certification based upon lowered measured energy use.

BILL NO. BL2009-509 (Hunt, Ryman)
Referred to Codes
and Public Safety Committees

An ordinance amending Section 10.64.015 of the Metropolitan Code pertaining to fire flow requirements for single-family homes constructed on larger lots in the General Services District.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2008-324 (Harrison)
Approved by Planning Commission (8-0)
and Planning & Zoning Committee
Map & Parcel No./Owner:
59-63, 195 Ewing Creek, LLC
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 RS7.5, R8, and CS to SP zoning properties located at 2832 Whites Creek Pike and Rowan Drive (unnumbered), approximately 1,510 feet south of Briley Parkway (91.97 acres), to permit the development of a retail, office, warehouse and industrial campus and open space, all of which is described herein (Proposal No. 2008SP-025U-03).

BILL NO. BL2009-473 (Todd)
Approved by Planning Commission (7-0)
and Planning & Zoning Committee
Map & Parcel No./Owner:
131-12-103, 104, 105 Aubrey B. Harwell Jr., Trustee
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 R40 to SP zoning for properties located at 1103, 1105, and 1111 Battery Lane, approximately 1,500 feet east of Granny White Pike (7.4 acres), to permit up to 13 single-family lots, all of which is described herein (Proposal No. 2009SP-008-001).
- BILLS ON THIRD READING (Cont’d) -

BILL NO. BL2009-489 (Maynard, Barry, Jernigan)
Approved by Parks Committee
Disapproved by Public Safety Committee

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.

BILL NO. BL2009-500 (Jameson, Steine)
Approved by Parks Committee

An ordinance naming the observation towers overlooking Public Square Park in honor of Thomas Shriver.

BILL NO. BL2009-501 (Holleman, Moore, Jameson)
Approved by Education Committee

An ordinance abolishing the Community Education Alliance and amending Chapter 2.160 of the Metropolitan Code to create a new Community Education Commission.

BILL NO. BL2009-504 (Forkum)
Approved by Budget & Finance
and Parks Committees

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and The Land Trust for Tennessee, Incorporated, for The Land Trust to provide planning and management services to enable an Open Space Planning project to be conducted and for the parties to enter into a cost sharing arrangement in connection therewith.

BILL NO. BL2009-505 (Holleman, Toler)
Approved by Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7313, with the State of Tennessee, Department of Transportation, Project No. 19003-3191-44, to construct PIN Number 1014390.1, Interchange at Briley Parkway/Robertson Avenue (Phase 2) LM 12.46 to 13.93, in Nashville, located in Davidson County.

BILL NO. BL2009-506 (Hunt, Jameson & others)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 401 Edenwold Road, 1398 County Hospital Road, 937 Herman Street, 8200 Highway 100, 4210 A Harding Pike, 3366 Briley Park Boulevard South, 6604 Charlotte Pike, Nolensville Pike, 6640 Nolensville Pike, 705 Drexel Street, 306 White Bridge Pike, 800 Main Street, Cecilia Avenue, 1802 20th Avenue South, and 715 Massman Drive.

BILL NO. BL2009-507 (Jameson)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing 315 Union Street Holdings, LLC to install, construct and maintain an aerial and underground encroachment for Union Street Plaza and Hotel Indigo at 315 Union Street (Proposal No. 2009M-009EN-001).

BILL NO. BL2009-508 (Crafton)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing Charlotte Road Baptist Church to install, construct and maintain a sign encroachment at 7511 Charlotte Pike (Proposal No. 2009M-008EN-001).