Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, October 20, 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. 25 of Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Community Education Commission
Election of two Council nominees. Candidates: Dr. Edward Hantel and Dean Jason Meriwether (education
advocacy group nominees). Mr. Bernard Pickney (Community Education Council nominee).

Arts Commission
Appointment of Ms. Kimberley LaMarque for a term expiring January 1, 2010.
Ms. LaMarque will fill the unexpired term of Ms. Celeste Wilson.

Convention Center Commission
Appointment of Mr. Dean Jones for a term expiring June 7, 2012.
Mr. Jones will fill the unexpired term of Mr. William McDonald.
Appointment of Ms. April Lassiter for a term expiring June 7, 2012.

Historical Commission
Appointment of Ms. Linda Wynn for a term expiring August 10, 2010.
Ms. Wynn will fill the unexpired term of Mr. Francis Guess.

Sexually Oriented Business Licensing Board
Reappointment of Mr. Brock Parks for a term expiring October 7, 2013.

- RESOLUTIONS -

RESOLUTION NO. RS2008-431 (Gotto)
Referred to Charter Revision Commission
and Charter Revision Committee

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

RESOLUTION NO. RS2009-983 (Gilmore)
Approved by Planning Commission
and Planning & Zoning Committee
Referred to Public Works Committee

A resolution authorizing Westview Condominium Association, Inc. to install, construct, and maintain an aerial encroachment at 180 9th Avenue North (Proposal No. 2009M-011EN-001).

RESOLUTION NO. RS2009-989 (Crafton)
Referred to Charter Revision Commission
and Charter Revision Committee

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

RESOLUTION NO. RS2009-990 (Gotto)
Referred to Charter Revision Commission
and Charter Revision Committee

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

RESOLUTION NO. RS2009-991 (Moore, Langster, Gilmore)
Referred to Federal Grants Review Committee

A resolution appropriating $1,316,347 in Community Development Block Grant Recovery Program funding.

RESOLUTION NO. RS2009-992 (Steine)
Referred to Budget & Finance, Convention & Tourism
Health, Hospitals & Social Services, Public Safety
Personnel-Public Information, Parks
and Public Works Committees

A resolution appropriating the amount of $4,137,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2009-993 (Steine, Hunt, Maynard)
Referred to Budget & Finance
and Public Works Committees

A resolution authorizing and providing the financing for the construction of a sewage treatment works project, including authorizing the execution of applications, contractual agreements, and other necessary documents in order to obtain a loan from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, and making certain representations regarding financing for loan repayment.

RESOLUTION NO. RS2009-994 (Steine, Maynard, Hunt)
Referred to Budget & Finance Committee

Initial resolution authorizing and providing for the issuance and sale of water and sewer revenue bonds in an aggregate principal amount of not to exceed Five Hundred Million Dollars of The Metropolitan Government of Nashville and Davidson County (Tennessee).

RESOLUTION NO. RS2009-995 (Hunt, Steine, Maynard)
Referred to Budget & Finance Committee

Resolution authorizing and providing for the issuance and sale of water and sewer revenue bond anticipation notes in an amount not to exceed Two Hundred Million Dollars at any one time in the form of commercial paper of The Metropolitan Government of Nashville and Davidson County (Tennessee); authorizing and providing for one or more dealer agreements, issuing and paying agency agreements, and standby note purchase agreements; and providing for certain other matters related thereto.

RESOLUTION NO. RS2009-996 (Baker, Steine, Maynard)
Referred to Budget & Finance Committee

A resolution approving a grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Defender’s Office, to provide funds to hire an attorney to work on intense litigation.

RESOLUTION NO. RS2009-997 (Steine, Baker, Maynard)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an agreement between the United States Bureau of Immigration and Customs Enforcement and The Metropolitan Government of Nashville and Davidson County authorizing the training and use of Davidson County Sheriff’s Office personnel to identify and process immigration offenders in DCSO jail and correctional facilities.

RESOLUTION NO. RS2009-998 (Steine, Hunt, Maynard)
Referred to Budget & Finance
and Public Safety 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 Davidson County Sheriff’s Office, for litter collection on county roadways and preventative education services.

RESOLUTION NO. RS2009-999 (Steine, Baker, Maynard)
Referred to Budget & Finance
and Public Safety Committees

A resolution to appropriate grant funds from the State of Tennessee, Bureau of Tenncare, to the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, to purchase hardware and software to process medical data.

RESOLUTION NO. RS2009-1000 (Tygard, Steine, Maynard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution to appropriate funds received from The Electric Power Board of the Metropolitan Government of Nashville and Davidson County, operating as the Nashville Electric Service, to the Metropolitan Action Commission pursuant to the Watt Ads Energy Fund.

RESOLUTION NO. RS2009-1001 (Tygard, Steine, Maynard)
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 Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to enhance access to comprehensive high quality, community-based care for low income individuals and families with HIV disease.

RESOLUTION NO. RS2009-1002 (Tygard, Steine, Maynard)
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 nutrition education and services to eligible women, infants, and children (WIC) of Davidson County.

RESOLUTION NO. RS2009-1003 (Tygard, Steine, Maynard)
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 funding for services specific to the public health emergency response to the H1N1 virus.

RESOLUTION NO. RS2009-1004 (Steine, Maynard)
Approved by Planning Commission
Referred to Budget & Finance, Education
and Planning & Zoning Committees

A resolution to approve the third amendment to the lease agreement between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee for the use of property at 1200 Foster Avenue (Proposal No. 2009M-017PR-001).

RESOLUTION NO. RS2009-1005 (Steine, Maynard)
Referred to Budget & Finance
and Personnel Committees

A resolution approving an amendment to 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 add training services to workers at the Mountain City Meat Company and to create 104 new jobs (LW09P091FTSWA10).

RESOLUTION NO. RS2009-1006 (Hunt, Steine, Maynard)
Referred to Budget & Finance
and Public Works Committees

A resolution approving and authorizing the Mayor to execute Amendment One to each of the seven contracts between the State of Tennessee, Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, for the receipt of funds through the American Recovery and Reinvestment Act of 2009 (ARRA) for seven infrastructure projects in Davidson County.

RESOLUTION NO. RS2009-1007 (Claiborne, Hunt, & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for construction funding for sidewalk improvements along the north side of Lebanon Road from McGavock Pike to Old Lebanon Road under the Transportation Enhancement Program 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.

RESOLUTION NO. RS2009-1008 (Steine, Hunt, Maynard)
Approved by Planning Commission
Referred to Budget & Finance
Public Works
and Planning & Zoning Committees

A resolution approving the exercise of a fee simple acquisition option for the purchase of a flood prone property, for Metro Water Services Project No. 02-D-149 (Proposal No. 2002M-112U-11).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2009-568 (Tygard, Duvall & others)

An ordinance amending Chapter 5.10 of the Metropolitan Code, Public Art Financing, to require that a portion of the general obligation bond proceeds designated for public art be expended throughout the geographic area of the Metropolitan Government.

BILL NO. BL2009-569 (Jernigan)

An ordinance amending Section 2.62.040 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a Special Events permit.

BILL NO. BL2009-570 (Tygard, Steine, Maynard)
Approved by Planning Commission

An ordinance approving a lease between The Metropolitan Government of Nashville and Davidson County and the Hickory Hollow Mall Limited Partnership for space to operate a new WIC Clinic (Proposal No. 2009M-019PR-001).

BILL NO. BL2009-571 (Steine, Baker, Maynard)

An ordinance approving a contract for services performed by The Metropolitan Government of Nashville and Davidson County for the Emergency Communications District for Nashville, Davidson County, for reimbursement of $4,900.00, plus reimbursement of training costs for Emergency Communications personnel.

BILL NO. BL2009-572 (Hunt)
Approved by Planning Commission

An ordinance abandoning a 10 inch water line and easement and an 8 inch water line and easement and accepting a replacement of an 10 inch water line and easement, that is shown on Map 104-12, Parcels 307, 312, & 352, Project 09-WL-0013, Belmont Resident Hall #4, E Belmont Circle, 1900 Belmont Boulevard, and 1515 Wedgewood Avenue and authorizing the execution of any documents needed to execute the abandonment (Proposal No. 2009M-046ES-001).

- BILLS ON SECOND READING -

BILL NO. BL2009-545 (Cole, Steine)
Referred to Budget & Finance
and Convention & Tourism Committees

An ordinance amending Title 5 of the Metropolitan Code of Laws to authorize a privilege tax on the sale of tickets to events at the municipal stadium.

BILL NO. BL2009-546 (Moore, Tygard, Baker)
Referred to Budget & Finance
and Public Works Committees

An ordinance amending Title 10 of the Metropolitan Code pertaining to the storage and disposal of scrap tires.

BILL NO. BL2009-547 (Mitchell, Steine)
Referred to Public Safety
and Traffic & Parking Committees

An ordinance amending Title 12 of the Metropolitan Code pertaining to the restriction of parking near fire hydrants.

BILL NO. BL2009-548 (Steine, Dominy & 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 2009-2010.

BILL NO. BL2009-549 (Steine, Hunt)
Referred to Budget & Finance
and Public Works Committees

An ordinance approving a new contract in lieu of performance bond between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, for the maintenance of the closed, Thermal Ash Monofill solid waste facility, combining the previously separated Thermal Ash Landfill Phase II and Thermal Ash Landfill Phase III contracts in lieu of performance bonds into one contract.

BILL NO. BL2009-550 (Matthews)
Approved by Planning Commission
Referred to Parks
and Planning & Zoning Committees

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County and the owner of 4906 Colorado Avenue, granting easement rights for property located adjacent to 4906 Colorado Avenue, Nashville, Tennessee (Planning No. 2009M-089ES-001).

BILL NO. BL2009-551 (Matthews)
Approved by Planning Commission
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

An ordinance authorizing the Director of Public Property Administration, or his designee, to accept, execute and record a quitclaim deed from the State of Tennessee, acting by and through the Commissioner of Transportation, to the Board of Parks and Recreation of The Metropolitan Government of Nashville and Davidson County for a certain parcel of property with improvements consisting of an old steel truss bridge on Lebanon Road crossing Stones River (Proposal No. 2009M-016PR-001).

- BILLS ON THIRD READING -

BILL NO. BL2009-521 (Jameson)
Approved by Planning Commission (8-0)
and Planning & Zoning Committee
Map & Parcel No./Owner:
83-10-10 Evolve Developers LLC
Requested by: Ragan-Smith & 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 CN to SP zoning for property located at 1516 Ordway Place, at the southwest corner of Ordway Place and North 16th Street (0.12 acres), to permit a two-story mixed-use building with six residential dwelling units and 1,167 square foot of commercial/office spaces, located within the Five Points Redevelopment District and the Lockeland Springs Neighborhood Conservation Overlay, all of which is described herein (Proposal No. 2009SP-012-001).

BILL NO. BL2009-525 (Craddock, Jernigan)
(As Amended)
Approved by Budget & Finance
and Public Safety Committees

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

BILL NO. BL2009-540 (Page)
Approved by Rules Committee

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 June 10, 2009.

BILL NO. BL2009-541 (Steine, Baker, Langster)
Approved by Budget & Finance
and Public Safety Committees

An ordinance to approve an affiliation agreement by and between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County to provide student clinical instruction and training with Davidson County Community Corrections.

BILL NO. BL2009-542 (Bennett, Steine, Hunt)
Approved by Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project Number 06-SL-78/06-WL-75, Nashville Commons at Skyline Revision 1, 4100 Saunders Avenue (Proposal No. 2009M-016ES-001).

BILL NO. BL2009-543 (Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning an 8 inch water line and easement and accepting a replacement 8 inch water line and easement, that is shown on Map 108, Parcel 66.00, Project 08-WL-0081, Tari, Phase 1, Airport Authority, 1 Terminal Drive, and authorizing the execution of any documents needed to execute the abandonment (Proposal No. 2008M-228U-13).

BILL NO. BL2009-544 (Hunt, Steine)
Approved by Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Patricia A. Wahl to provide public sewer service in Williamson County to Wahl Property, Project No. 08-SL-68.

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2009-1009 (Coleman)
Referred to Parks Committee

A resolution requesting the Director of the Metropolitan Parks and Recreation Department to provide the Council with a list of rural and/or isolated parks and greenways for purposes of a possible exemption from the prohibition on carrying handguns.

RESOLUTION NO. RS2009-1010 (Jameson)
Referred to Convention & Tourism Committee

A resolution expressing the Metropolitan Council’s desire that its members be allowed sufficient time after the upcoming holiday season to conduct public meetings with neighborhood associations, civic organizations, and business groups regarding any bond resolutions or other legislative actions that approve financing for the construction of a new municipal convention center.

RESOLUTION NO. RS2009-1011 (Todd, Ryman)
Referred to Public Works Committee

A resolution encouraging the Metropolitan Department of Water and Sewerage Services and the Department of Public Works to give written notice to satellite cities of road cuts within their jurisdictions and to post an adequate bond to ensure road repairs are made.