Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, April 20, 2010
6:30 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PROPOSED RULE CHANGE -

Proposed amendment to add a new Rule No. 47 to the Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Appointment of Mr. Leon Berrios for a term expiring February 2, 2013.
Appointment of Ms. Kasey Dread for a term expiring April 30, 2013.

CATV Special Committee
Reappointment of Mr. Iman Otey for a term expiring March 1, 2013.

Civil Service Commission
Reappointment of Ms. Jo Ann North for a term expiring March 31, 2015.

Community Corrections Advisory Board
Reappointment of Ms. Janet Page for a term expiring October 1, 2011.
Ms. Page will represent the State Board of Probation and Paroles.

Board of Fair Commissioners
Reappointment of Mr. Ned Horton for a term expiring April 6, 2015.

Fire & Building Code Appeals Board
Appointment of Mr. John Olert for a term expiring March 1, 2014.

Nashville Education, Community, and Arts Television Corporation (NECAT)
Appointment of Ms. Luvenia Butler for a term expiring February 5, 2012.
Appointment of Ms. Amy Hall for a term expiring February 5, 2012.
Appointment of Mr. Keith Miles for a term expiring February 5, 2013.
Appointment of Ms. Celeste Wilson for a term expiring February 5, 2013.

Board of Parks & Recreation
Appointment of Mr. Charles McTorry for a term expiring March 30, 2011.
Mr. McTorry will fill the unexpired term of Justice Adolpho A. Birch.

Property Standards & Appeals Board
Appointment of Mr. Chris Harmon for a term expiring July 29, 2012.
Mr. Harmon will fill the unexpired term of Mr. Carnell Scruggs.

Transportation Licensing Commission
Appointment of Mr. Brian Winfrey for a term expiring April 30, 2012.
Mr. Winfrey will fill the unexpired term of Mr. Duane McGray.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1183 (Steine, Langster)
Referred to Budget & Finance, Codes
Health, Hospitals & Social Services
Parks, Personnel-Public Information, Public Safety
and Public Works Committees

A resolution appropriating to certain accounts for the benefit of the Information Systems-PEG Studios, State Trial Courts, Parks and Recreation, Public Works, Hospital Authority, General Services Department-Office of Fleet Management, Police Department-Secondary Employment Unit, Nashville Farmers’ Market, Tennessee State Fair, and Codes Demolition Fund in the amount of Four Million, Five Hundred Ninety Three Thousand, Two Hundred Dollars ($4,593,200) from undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources.

RESOLUTION NO. RS2010-1184 (Steine)
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 make resources available for Lennox Hearth Products to support its new and existing employees and create 38 new jobs (LW09P084FTSWA09).

RESOLUTION NO. RS2010-1185 (Baker, Langster)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to establish procedures for the exchange of law enforcement information and cooperation in law enforcement efforts.

RESOLUTION NO. RS2010-1186 (Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a business associate agreement 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 provide safeguards to prevent the use or disclosure of protected health information.

RESOLUTION NO. RS2010-1187 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting an ARRA Communities Putting Prevention to Work Grant agreement 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 a community wide initiative to reduce obesity.

RESOLUTION NO. RS2010-1188 (Moore, Langster)
Referred to Federal Grants Review Committee

A resolution appropriating certain 2010-2011 Housing and Community Development funds.

RESOLUTION NO. RS2010-1189 (Moore, Langster)
Referred to Federal Grants Review Committee

A resolution accepting a grant agreement from the Tennessee Housing Development Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Development and Housing Agency, for the Homeless Prevention and Rapid Re-Housing Program (HPRP).

RESOLUTION NO. RS2010-1190 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle Steve Scales’, Reginald Scales’, Darlene Scales’, Tirell Scales’ and Sylvia Campbell’s claims against The Metropolitan Government of Nashville and Davidson County for the total amount of $243,000.00, and directing that this amount be paid out of the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-676 (Baker, Langster)

An ordinance approving a donation agreement between Rhonda A. Martocci and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, for the donation of one Tennessee Walking Horse, The Autobahn.

BILL NO. BL2010-677 (Baker, Hunt, Langster)
Approved by Planning Commission

An ordinance repealing BL2009-453 in its entirety and adopting an ordinance abandoning a 21 inch sanitary sewer line and easement and accepting a relocated 21 inch sanitary sewer line and easement and three manholes in connection with Project 08-SL-0093, Hill Center, 6604 and 6616 Charlotte Pike, shown on Map 102, Parcels 33 and 53, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-229U-7).

BILL NO. BL2010-678 (Hunt)

An ordinance amending Chapter 15.04 and Chapter 15.60 of the Metropolitan Code of Laws relating to industrial waste discharges.

- BILLS ON SECOND READING -

BILL NO. BL2007-64 (Stanley)
Disapproved by Planning Commission (7-0)
Referred to Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.40 pertaining to the approval of urban design overlay districts, all of which is more particularly described herein (Proposal No. 2007Z-178T).

BILL NO. BL2010-622 (Jernigan)
Referred to Codes Committee

An ordinance amending Chapter 16.08 of the Metropolitan Code to require that notice be sent to the district councilmember upon the filing of a permit for the erection of a temporary structure.

BILL NO. BL2010-649 (Baker)
Referred to Public Safety Committee

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to allow the operator of a wrecker who is operating a wrecker for an emergency wrecker service licensed by the Metropolitan Transportation Licensing Commission to use a yellow rotating beacon under certain conditions prior to reaching the location of the incident.

BILL NO. BL2010-650 (Gotto)
Referred to Traffic & Parking Commission
Budget & Finance, Public Works
and Traffic & Parking Committees

An ordinance amending Chapters 12.44 and 13.40 of the Metropolitan Code to provide notice to disabled drivers of the state law prohibition on parking charges.

BILL NO. BL2010-651 (Jernigan)
Referred to Codes Committee

An ordinance amending Section 16.24.330 of the Metropolitan Code pertaining to the parking of large trucks and buses on residential property.

BILL NO. BL2010-652 (Jameson)
Referred to Codes Committee

An ordinance amending Section 16.24.380 of the Metropolitan Code to allow the use of alternative forms of lighting in the common halls and stairways of residential occupancies.

BILL NO. BL2010-653 (Toler, Steine, Hunt)
Referred to Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Regent Highpoint LLC to provide public sewer service in Davidson County to Project No. 08-SL-58.

BILL NO. BL2010-654 (Coleman, Steine, Hunt)
Approved by Planning Commission
Referred to Budget & Finance
Public Works
and Planning & Zoning Committees

An ordinance authorizing the acceptance or acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 07-SG-0182, Mill Creek Parallel Sewer. Easement 1-1 is in common area, map and parcel 90000001245, easement 1-2 is on Hickory Park Drive, and easement 1-3 is on Claybrook Lane (Proposal No. 2010M-013ES-001).

BILL NO. BL2010-655 (McGuire)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: David Lipscomb University

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 Crestview Drive (Proposal No. 2010M-002AB-001).

BILL NO. BL2010-656 (Jernigan)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Virginia & Charles Turner

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 Saundersville Road (Proposal No. 2010M-005AB-001).

BILL NO. BL2010-657 (Page)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Best One Nashville Realty Partnership

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way and easements on a portion of Hill Avenue (Proposal No. 2010M-004AB-001).

- BILLS ON THIRD READING -

BILL NO. BL2010-627 (Gilmore)
Approved by Planning Commission (6-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
105-1 Part of Parcel 233 Villa Properties Joint Venture LLC

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 making applicable the provisions of a preliminary approval for the Taco Mamacita Planned Unit Development for a portion of property located at 1200 Villa Place, at the southeast corner of Villa Place and Edgehill Avenue, zoned RS5 (1.07 acres), to permit the sale of beer for on-premises consumption in an existing 4,443 square foot restaurant thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-005-001).

BILL NO. BL2010-628 (Toler)
Approved by Planning Commission (10-0)
and Planning & Zoning Committee
Map & Parcel No./Owner:
172-32 Regent Parkside LLC
Requested by: Anderson, Delk, Epps & Assoc.

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 the Parkside Specific Plan District located at 5940 Mt. Pisgah Road, approximately 830 feet east of Edmondson Pike, (10.2 acres), zoned SP, to permit 31 single-family dwelling units where 30 were previously approved, all of which is more particularly described herein (Proposal No. 2007SP-057-001).

BILL NO. BL2010-634 (Hunt, Toler)
(As Amended)
Approved by Planning Commission (8-0)
and Planning & Zoning Committee

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County relative to “Construction/Demolition Landfill” in Nashville and Davidson County (Proposal No. 2010Z-003TX-001), all of which is more particularly described herein.

SUBSTITTUE BILL NO. BL2010-637 (Hunt, Toler)
Approved by Planning Commission (8-0)
and Planning & Zoning Committee

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County relative to “Recycling Facility” in Nashville and Davidson County (Proposal No. 2010Z-007TX-001), all of which is more particularly described herein

SUBSTITUTE BILL NO. BL2010-639 (Hunt)
Approved by Budget & Finance
and Public Works Committees

An ordinance amending Chapter 15.64 of the Metropolitan Code of Laws relating to storm water management, rules and regulations.

BILL NO. BL2010-642 (Ryman, Steine, Hodge)
Approved by Budget & Finance
and Codes Committees

An ordinance amending Title 2 of the Metropolitan Code of Laws by amending Sections 2.76.130, 2.80.090, 2.84.120 and 2.92.120 relating to the filing fees for appeals to various boards and amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.12.240, 16.16.400, 16.16.480, 16.20.250, 16.20.260, 16.24.650, 16.28.110 and 16.28.140 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, examination of plans, refunds, as well as administrative fees and other fees charged by the Department of Codes Administration.

SECOND SUBSTITUTE BILL NO. BL2010-645 (Steine, Claiborne)
Approved by Budget & Finance
and Personnel-Public Information Committees

An ordinance amending ordinance No. O95-1379 and approving an extension to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process

BILL NO. BL2010-646 (Langster, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning a 19.5 foot public utility easement, a 20 foot sanitary sewer easement, and a 4,491.74 total square foot public utility easement in connection to Project 10-AB-0001, 2312 Clifton Avenue, shown on Map 92-11, Parcel 386.00 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-015ES-001).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2010-1191 (Gotto, Duvall, Claiborne)
Referred to Health, Hospitals & Social Services Committee

A resolution expressing support for the Tennessee Healthcare Freedom Act.