Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, May 18, 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.

Arts Commission
Appointment of Mr. Howard Stringer for a term expiring January 1, 2014.

CATV Special Committee
Reappointment of Mr. Tim Garrett for a term expiring March 1, 2013.

Board of Equalization
Reappointment of Mr. Peter Westerholm for a term expiring April 1, 2012.

Fire & Building Code Appeals Board
Reappointment of Ms. Debra Owens for a term expiring March 1, 2014.

Human Relations Commission
Reappointment of Ms. Iris Buhl for a term expiring April 18, 2013.
Appointment of Mr. Don Peterson for a term expiring April 18, 2013.
Reappointment of Mr. Scott Ridgway for a term expiring April 18, 2013.
Reappointment of Ms. Patricia Totty for a term expiring April 18, 2013.

Nashville Education, Community, and Arts Television Corporation (NECAT)
Appointment of Ms. Celeste Wilson for a term expiring February 5, 2013.

Public Library Board
Reappointment of Ms. Brenda Wynn for a term expiring April 6, 2017.

Social Services Commission
Appointment of Mr. William Sinclair for a term expiring April 3, 2015.
Reappointment of Mr. Patrick Willard for a term expiring April 3, 2015.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1200 (Page)
Referred to Rules Committee

A resolution approving the election of certain Notaries Public for Davidson County.

RESOLUTION NO. RS2010-1201 (Steine)
Referred to Budget & Finance Committee

Resolution authorizing the execution, terms, issuance, sale and payment of general obligation improvement and refunding bonds in multiple series in the aggregate principal amount of not to exceed $775,000,000.

RESOLUTION NO. RS2010-1202 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the submission of a Foreign-Trade Zones Site Expansion Application for the Metropolitan Government as Grantee for Foreign Trade Zone # 78.

RESOLUTION NO. RS2010-1203 (Matthews, Moore)
Referred to Federal Grants Review Committee

A resolution appropriating $550,000 in Community Development Block Grant Funds for sidewalks, custom neighborhood signage and park improvements in the Bordeaux Hills Neighborhood Strategy Area.

RESOLUTION NO. RS2010-1204 (Moore)
Referred to Federal Grants Review Committee

A resolution appropriating $65,000 in Community Development Block Grant Funds for installation of bus stop benches and installation of a community garden in the Chestnut Hill Neighborhood.

RESOLUTION NO. RS2010-1205 (Baker, Steine)
Referred to Budget & Finance Committee

A resolution approving an application for a Justice and Mental Health Collaboration Program Grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to reduce recidivism rates among felony offenders with mental health and substance abuse disorders.

RESOLUTION NO. RS2010-1206 (Steine)
Referred to Budget & Finance Committee

A resolution approving an application for an Arts Build Communities Grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, to conduct arts projects in Davidson County.

RESOLUTION NO. RS2010-1207 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the Governor’s Highway Safety – Alcohol Saturation Grant from the State of Tennessee, Department of Transportation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, to enhance DUI enforcement on weekends and some major holidays.

RESOLUTION NO. RS2010-1208 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the National Sheriffs’ Association (NSA) on behalf of the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Department, for an iris biometric identification system.

RESOLUTION NO. RS2010-1209 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant/approving a cooperative agreement between the U.S. Department of Homeland Security and The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Emergency Management, to enhance the nation’s port and maritime infrastructure to prevent, respond to, and recover from threats of terrorism.

RESOLUTION NO. RS2010-1210 (Baker, Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County and Acme Auto Leasing for the lease of a vehicle for the Metropolitan Nashville Police Department gang unit pursuant to grant funding.

RESOLUTION NO. RS2010-1211 (Steine, Hunt)
Referred to Budget & Finance
and Public Works Committees

A resolution approving Cooperative Agreement No. 10E4TN25250026 with the United States Department of the Interior - United States Geological Survey for the continuation of a program for FY2011 to operate and maintain an ADVM gauge on the Cumberland River and water quality monitors and streamflow gauges on several streams in Davidson County.

RESOLUTION NO. RS2010-1212 (Adkins, Hunt & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an agreement by and between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, for the construction of 3,200 linear feet of sidewalk and bikeways along Harding Place, PIN Number 111998.00.

RESOLUTION NO. RS2010-1213 (Matthews, Steine)
Referred to Budget & Finance
Federal Grants Review and Parks Committees

A resolution approving a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the purpose of providing a summer enrichment program for the neighborhood children of the Cleveland Park Community Center.

RESOLUTION NO. RS2010-1214 (Matthews, Steine)
Referred to Budget & Finance
and Parks Committees

A resolution approving a grant from the Friends of Centennial Park and the Parthenon to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to provide funding for one employee’s salary.

RESOLUTION NO. RS2010-1215 (Steine, Tygard)
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 immunization program activities and staffing.

RESOLUTION NO. RS2010-1216 (Steine, Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the Matthew Walker Comprehensive Health Center, Incorporated, for a licensed clinical social worker to provide initial behavioral health evaluations for all new Healthy Start Program participants.

RESOLUTION NO. RS2010-1217 (Steine, Tygard)
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 food safety services to Davidson County residents and to conduct surveys as required.

RESOLUTION NO. RS2010-1218 (Steine)
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 Philip Beisswenger.

RESOLUTION NO. RS2010-1219 (Steine)
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 Maury Santulli.

RESOLUTION NO. RS2010-1220 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Emmanuel C. Akre against The Metropolitan Government of Nashville and Davidson County in the amount of $19,500.00, and that said amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2010-1221 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal property claim of Arnold Bailey against The Metropolitan Government of Nashville and Davidson County for $12,684.18.

RESOLUTION NO. RS2010-1222 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Edna Tomlin asserted against the Metropolitan Government of Nashville and Davidson County for the total amount of $9,400.00, and directing that this amount be paid out of the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-679 (Ryman)

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending portions of the adopted building and mechanical codes.

BILL NO. BL2010-680 (Steine, Ryman)

An ordinance approving a license agreement between Vanderbilt University Medical Center and The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Farmers’ Market, for certain real property located at 201 25th Avenue South, Nashville, Tennessee, 37240, commonly known as the courtyard between Langford Auditorium and Vanderbilt University Medical Center, Nashville, Tennessee.

BILL NO. BL2010-681 (Steine, Baker)

An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County and the Tennessee Sheriffs’ Association to provide enhanced victim notification services.

BILL NO. BL2010-682 (Baker)
Approved by Traffic & Parking Commission (7-0)
Requested by: Councilman Baker

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 43rd Avenue North and a portion of Alley No. 1203 (Proposal No. 2010M-003AB-001).

BILL NO. BL2010-683 (Steine)

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2011.

BILL NO. BL2010-684 (Steine)

An ordinance establishing the tax levy in the General Services District for the Fiscal Year 2010-2011, 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. BL2010-685 (Steine)

An ordinance creating and enacting Chapter 6.74 of the Metropolitan Code of Laws to regulate motorized, non-taxi passenger vehicles for hire.

BILL NO. BL2010-686 (Steine)

An ordinance establishing a litter fee for certain individuals convicted of driving under the influence.

BILL NO. BL2010-687 (Steine)

An ordinance amending Section 2.56, Article VIII, of the Metropolitan Code to create a separate traffic safety school and DUI school.

BILL NO. BL2010-688 (Steine)
Approved by Planning Commission

An ordinance adopting the Capital Improvements Budget and Program 2010-2011 through 2015-2016 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2010-2011.

BILL NO. BL2010-689 (Ryman, Steine)

An ordinance waiving the first one thousand, three hundred dollars, ($1,300) of fees for building permits from the Codes Department of the Metropolitan Government, for up to one hundred thousand dollars ($100,000) of repairs or rebuilding, when sought for repairing or rebuilding property damaged as a result of the severe weather from May 1 to May 2, 2010, if such permits are obtained on or before July 30, 2010.

BILL NO. BL2010-690 (Steine, Cole)

An ordinance abolishing the Metropolitan Government’s Convention Center Commission by repealing Chapter 2.124 of the Metropolitan Code of Laws and approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the Convention Center Authority of the Metropolitan Government for administrative, financial, operational, and management services and appropriating compensation to the Finance Department.

BILL NO. BL2010-691 (Hollin)

An ordinance amending the Metropolitan Code of Laws to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits.

BILL NO. BL2010-692 (Matthews, Maynard)

An ordinance authorizing the Director of Parks and Recreation to accept, execute and record an agreement for grant of easement in favor of the Metropolitan Government for use in connection with development of the Harpeth River Greenway (Proposal No. 2010M-024ES-001).

BILL NO. BL2010-693 (Jameson, Hunt)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Requested by: MDHA

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 Peabody Street (Proposal Number 2010M-006AB-001).

BILL NO. BL2010-694 (Crafton)

An ordinance amending Section 17.40.740 of Title 17 of the Metropolitan Code, Zoning Regulations, to provide a refund of the zoning application fee if an applicant’s proposal is not enacted by the Metropolitan Council, all of which is more specifically described herein (Proposal No. 2010Z-012TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2007-64 (Stanley, Duvall, Jernigan)
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. BL2010-652 (Jameson, Dominy)
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. BL2010-676 (Baker, Langster)
Referred to Budget & Finance
and Public Safety Committees

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
Referred to Public Works
and Planning & Zoning Committees

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)
Referred to Public Works Committee

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

- BILLS ON THIRD READING -

BILL NO. BL2010-622 (Jernigan)
(As Amended)
Approved by 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.

SUBSTITUTE 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.

BILL NO. BL2010-649 (Baker)
Approved by 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. BL2010-651 (Jernigan, Claiborne)
Approved by 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. BL2010-653 (Toler, Steine, Hunt)
Approved by 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
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
Traffic & Parking Commission (7-0)
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
Traffic & Parking Commission (7-0)
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
Traffic & Parking Commission (7-0)
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).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2010-1223 (Ryman)
Referred to Personnel-Public Information Committee

A resolution requesting the CATV Special Committee to negotiate a cable television service discount for senior and disabled citizens as part of the Comcast franchise renewal process.

RESOLUTION NO. RS2010-1224 (Ryman)
Referred to Personnel-Public Information Committee

A resolution encouraging cable, video and satellite service providers to provide service discounts for seniors and disabled citizens.

RESOLUTION NO. RS2010-1225 (Steine)
Referred to Planning & Zoning Committee

A resolution recognizing the continuing status of the area within the City of Lakewood as being part of the General Services District of the Metropolitan Government and memorializing the Metropolitan Council’s intent not to annex the area into the Urban Services District in the event the City of Lakewood surrenders its Charter.