Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, June 15, 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 Rule Nos. 1 and 8 to the Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Arts Commission
Appointment of Ms. Jamie Wyatt for a term expiring January 1, 2011.
Ms. Wyatt will fill the unexpired term of Ms. Colleen E. Dowd.

Board of Equalization
Reappointment of Ms. Jean Harrison for a term expiring April 1, 2012.

Human Relations Commission
Appointment of Mr. Mark Baugh for a term expiring April 18, 2013.

Traffic & Parking Commission
Reappointment of Mr. Richard Morin for a term expiring April 3, 2015.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1228 (Barry, Steine & others)
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, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

RESOLUTION NO. RS2010-1229 (Barry, Steine & others)
Referred to Budget & Finance
and Personnel Committees

A resolution amending the pay plan for the employees of the Metropolitan Departments of Fire and Police, approved under Resolution No. RS2005-873, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

RESOLUTION NO. RS2010-1230 (Maynard, Barry & others)
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, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2010, by replacing increments with a one time only two (2%) percent of salary lump sum payroll adjustment, capped at $2,000, and by adopting a minimum hourly rate for full time employees.

RESOLUTION NO. RS2010-1245 (Moore, Langster & others)
Referred to Federal Grants Review Committee

A resolution authorizing the Metropolitan Mayor to submit an Amendment to the 2010-2015 Consolidated Plan and 2010-2011 Action Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

RESOLUTION NO. RS2010-1246 (Steine, Baker)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County for the provision of interpreter services for defendants with limited English proficiency who have been found to be indigent.

RESOLUTION NO. RS2010-1247 (Steine, Baker)
Referred to Budget & Finance Committee

A resolution accepting a grant from the Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services.

RESOLUTION NO. RS2010-1248 (Claiborne)
Referred to Budget & Finance
and Personnel-Public Information Committees

A resolution approving the proposed amended and restated charter and amended bylaws for the Nashville Education, Community and Arts Television Corporation.

RESOLUTION NO. RS2010-1249 (Baker, Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the U. S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, for equipment to enhance the safety of firefighting personnel against fire and fire-related hazards.

RESOLUTION NO. RS2010-1250 (Steine, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County to fund costs related to homeland security preparedness activities associated with implementing the Tennessee State Homeland Security Strategy and National Preparedness Goal.

RESOLUTION NO. RS2010-1251 (Baker, Steine)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to subsidize the Emergency Management Program.

RESOLUTION NO. RS2010-1252 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the Greater Nashville Affiliate of the Susan G. Komen Breast Cancer Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the Witness Project of Davidson County to increase breast cancer screening.

RESOLUTION NO. RS2010-1253 (Tygard, Steine)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the Pencil Foundation to receive and process applicants for the Stipends Program in accordance with grant guidelines from the Association of Schools of Public Health Centers for Disease Control Cooperative Agreement.

RESOLUTION NO. RS2010-1254 (Tygard, Steine)
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 enhance access to comprehensive high quality, community-based care for low income individuals and families with HIV disease.

RESOLUTION NO. RS2010-1255 (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 HIV/AIDS prevention and surveillance and sexually transmitted disease services.

RESOLUTION NO. RS2010-1256 (Steine, Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the State of Tennessee, Department of Agriculture, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for retail food store inspection, reporting, and enforcement of rules and regulations.

RESOLUTION NO. RS2010-1257 (Steine, Tygard)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to 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. RS2010-1258 (Steine)
Referred to Budget & Finance
and Public Works Committees

A resolution modifying the master list of architects and engineers originally approved by Resolution No. RS94-1050.

RESOLUTION NO. RS2010-1259 (Steine, Hunt)
Referred to Budget & Finance
and Public Works Committees

A resolution approving a grant application for federal assistance through the Emergency Watershed Protection Program of the U. S. Department of Agriculture to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Water and Sewer Department, to repair watershed damages and impairments at various sites throughout Davidson County related to the May 1 – 3, 2010 flood.

RESOLUTION NO. RS2010-1260 (Langster, Hunt)
Referred to Public Works Committee

A resolution to amend Ordinance No. BL2010-646 and correct a typographical error related to the Instrument Number for a public utility easement.

RESOLUTION NO. RS2010-1261 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Sam Glover, Jr. and Wackenhut Corporation asserted against The Metropolitan Government of Nashville and Davidson County for the total amount of $69,500, and directing that this amount be paid out of the Self-Insured Liability Fund.

RESOLUTION NO. RS2010-1262 (Steine)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Nickey McGuire asserted against The Metropolitan Government of Nashville and Davidson County for the total amount of $19,000, and directing that this amount be paid out of the Self-Insured Liability Fund.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-710 (Jameson)

An ordinance amending the Metropolitan Code pertaining to the location restrictions for the issuance of permits to sell beer within certain areas of downtown Nashville.

BILL NO. BL2010-711 (Stanley, Hunt)
Approved by Planning Commission

An ordinance abandoning a 20 foot water and sanitary sewer easement in connection with Project 10-AB-0002, Hermitage Commons III LLC, Old Hickory Boulevard, 5231 and 5215 Old Hickory Boulevard, shown on Map 086, Parcels 764, 020, and 018 and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-016ES-001).

BILL NO. BL2010-712 (Todd, Hunt)
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).

- BILLS ON SECOND READING -

BILL NO. BL2010-691 (Hollin)
Referred to Public Safety Committee

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. BL2010-695 (Mitchell, Steine & others)
Referred to Budget & Finance Committee

An ordinance approving Tennessee Code Annotated Section 67-5-603(d) which permits proration of the annual real property tax assessments of certain properties affected by a disaster certified by the Federal Emergency Management Agency (“FEMA”).

BILL NO. BL2010-696 (Barry)
Approved by Planning Commission
and Traffic & Parking Commission (4-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: Littlejohn Engineering Assoc.

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 Acklen Avenue and a portion of Alley No. 436 (Proposal No. 2010M-007AB-001).

BILL NO. BL2010-697 (Jameson, Hunt)
Approved by Planning Commission
Referred to Traffic & Parking Commission
Public Works, Traffic & Parking
and Planning & Zoning Committees

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 Shelby Avenue (Proposal Number 2010M-008AB-001).

- BILLS ON THIRD READING -

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. BL2010-647 (Jernigan)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapters 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to designate “manufacturing, medium” as a used permitted with conditions, all of which is more specifically described herein (Proposal No. 2010-009TX-001).

BILL NO. BL2010-648 (Jernigan)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee

An ordinance amending Section 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow inflatable advertising figures in commercial districts (Proposal No. 2010-008TX-001).

BILL NO. BL2010-661 (Gotto)
Approved by Planning Commission (9-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
86-35.01 Jim & Laria Gillispie
Requested by: Les Neely

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 RS15 to SP zoning for property located at 4130 Andrew Jackson Parkway, approximately 950 feet north of Chandler Road (2.04 acres), to permit an existing single-family dwelling unit to be used as a medical office with a maximum floor area of 2,700 square feet, to make all standards of MUN zoning applicable except no pawn shops permitted and no pole signs, only monument style or building mounted signs allowed, all of which is described herein (Proposal No. 2010SP-005-001).

BILL NO. BL2010-663 (Toler)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
187-10, 38, 166 Y & H Tennessee Partnership G.P., Rachel & Amy Yazdian
Requested by: Anderson, Del, 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 changing from AR2a to SP zoning for properties located at 6887 and 6891 Burkitt Road and at Kidd Road (unnumbered), approximately 6,250 feet east of Nolensville Pike (91.67 acres), to permit 374 single-family lots, all of which is described herein (Proposal No. 2009SP-031-001).

BILL NO. BL2010-664 (Page)
Approved by Planning Commission (8-0)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
133-6-29, 30, 31, 271 &, Part of Parcel 261 Churches of Christ Disaster Relief Efforts, Inc.
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 OR20 and IWD to SP zoning for properties located at 401, 403, 405, and 407 Veritas Street and a portion of property located at 410 Allied Drive, approximately 160 feet west of Nolensville Pike (1.06 acres), to permit a one-story, office and warehouse addition to an existing warehouse facility located at 410 Allied Drive, all of which is described herein (Proposal No. 2009SP-015-001).

BILL NO. BL2010-666 (LaLonde)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
104-4 Part of Parcel 1 Vanderbilt University

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 MUG to MUI zoning for a portion of property located at 2415 Vanderbilt Place known as the General Library at Vanderbilt University approximately 1,400 feet south of West End Avenue (4.82 acres), all of which is described herein (Proposal No. 2010Z-001PR-001).

BILL NO. BL2010-668 (Stanley)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
108-2-17 Donna Adwell & Melissa Faulkner

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 RS10 to ON zoning for property located at 2898 Elm Hill Pike, at the northwest corner of Elm Hill Pike and Colfax Drive (0.35 acres), all of which is described herein (Proposal No. 2010Z-006PR-001).

BILL NO. BL2010-670 (Mitchell)
Approved by Planning Commission (6-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
155-127 Harpeth Heights Baptist Church

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 RS40 to CL zoning (6.76 acres) and from RS40 to CS zoning (0.03 acres) for property located at 8059 Highway 100, approximately 750 feet west of Temple Road, all of which is described herein (Proposal No. 2010Z-004PR-001).

BILL NO. BL2010-675 (McGuire)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
117-14-90 Metro Nashville Teachers Apartment, Inc.

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 RM20 to SP zoning for property located within the Green Hills Urban Design Overlay District at 2209 Abbott Martin Road, at the southwest corner of Abbott Martin Road and Hillsboro Circle (2.08 acres), for multi-family, restaurant, cellular communications tower, and personal care service uses, all of which is described herein (Proposal No. 2010SP-003-001).

BILL NO. BL2010-679 (Ryman)
Approved by Codes Committee

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)
Approved by Budget & Finance
and Codes Committees

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)
Approved by Budget & Finance
and Public Safety Committees

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)
Public Works, Traffic & Parking Committees
Referred to Planning Commission
and Planning & Zoning Committee
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)
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 2011.

BILL NO. BL2010-684 (Steine)
Referred to Budget & Finance Committee

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)
(As Amended)
Approved by Budget & Finance, Convention & Tourism
Public Safety and Transportation Committees

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)
Approved by Budget & Finance Committee

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

BILL NO. BL2010-687 (Steine)
Approved by Budget & Finance
and Public Safety Committees

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
Re-referred to Budget & Finance
and Planning & Zoning Committees

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 & others)
Approved by Budget & Finance
and Codes Committees

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)
Approved by Budget & Finance
and Convention & Tourism Committees

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. BL2010-692 (Matthews, Maynard)
Approved by Planning Commission
Parks & Recreation
and Planning & Zoning Committees

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)
Public Works, Traffic & Parking
and Planning & Zoning Committees
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).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2010-1263 (Wilhoite, Gilmore & others)
Referred to Education Committee

A resolution requesting the Metropolitan Board of Public Education to reconsider its action regarding the budgetary reductions impacting school custodians and bus drivers.