Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, December 21, 2010
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Human Relations Commission
Appointment of Ms. Loraine Segovia-Paz for a term expiring April 8, 2012.
Ms. Segova-Paz will fill the unexpired term of Ms. Adrienne Cooper.

Metropolitan Development and Housing Agency
Appointment of Mr. Gary Brown for a term expiring November 5, 2015.

Social Services Commission
Appointment of Ms. Mary Rolando for a term expiring April 3, 2015.
Ms. Rolando will fill the unexpired term of Mr. Patrick Willard.

- PUBLIC HEARING -

RESOLUTION NO. RS2010-1483 (Holleman)
Referred to Public Safety Committee

A resolution exempting Park Cafe located at 4403 Murphy Road from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

- RESOLUTIONS -

RESOLUTION NO. RS2010-1465 (Crafton)
Referred to Rules Committee

A resolution removing the members of the Metropolitan Board of Fair Commissioners.

RESOLUTION NO. RS2010-1484 (Coleman, Barry)
Referred to Budget & Finance Committee

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed One Million Dollars.

RESOLUTION NO. RS2010-1485 (Barry, Langster)
Referred to Budget & Finance Committee

A resolution approving a short term Intra-governmental loan in the amount of five million dollars ($5,000,000) from the Metropolitan Government of Nashville and Davidson County to the Metropolitan Development and Housing Agency.

RESOLUTION NO. RS2010-1486 (Harrison, Langster & others)
Referred to Federal Grants Review Committee

A resolution authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

RESOLUTION NO. RS2010-1487 (Harrison, Hollin & others)
Referred to Budget & Finance
and Federal Grants Review Committees

A Resolution authorizing the Metropolitan Mayor to submit an Action Plan for Community Development Block Grant Disaster Recovery Funds to assist with recovery needs resulting from the May floods.

RESOLUTION NO. RS2010-1488 (Barry, Langster)
Referred to Health, Hospitals & Social Services Committee

A resolution approving the appointment of Amy R. McMaster, M.D. as the county medical examiner for the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2010- 1489 (Barry)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County, to provide public assistance pursuant to Presidential Disaster Declaration number FEMA-1909-DR-TN to complete repairs and/or replacement to facilities damaged during April and May 2010.

RESOLUTION NO. RS2010-1490 (Langster, Barry)
Referred to Budget & Finance Committee

A resolution approving Amendment One to 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. RS2010-1491 (Langster, Barry)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Department of Correction, to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, for the expenses of housing and treating non-violent felony offenders with co-occurring addiction and mental health disorders.

RESOLUTION NO. RS2010-1492 (Barry, Wilhoite, Langster)
Referred to Budget & Finance Committee

A resolution accepting a grant from the Southeast Energy Efficiency Alliance to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Environment and Sustainability, to increase residential energy efficiency building retrofits which include financial incentives to homeowners and community outreach programs.

RESOLUTION NO. RS2010-1493 (Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving 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 Tennessee State University to provide consultation on survey questions, sampling design, and data collection related to the Communities Putting Prevention to Work goals and objectives.

RESOLUTION NO. RS2010-1494 (Barry, Langster, Wilhoite)
Referred to Budget & Finance
Parks & Library
and Public Safety Committees

A resolution appropriating the amount of $5,963,400.00 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. RS2010-1495 (Bennett)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing an aerial encroachment extending six feet into a recorded pedestrian easement at 4601 Gallatin Pike for U.S. Bank (Proposal No. 2010M-007EN-001).

RESOLUTION NO. RS2010-1496 (Langster)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing HCA, Inc. to install, construct and maintain aerial encroachments at 2222 Murphy Avenue for Centennial Medical Center (Proposal No. 2010M-008EN-001).

RESOLUTION NO. RS2010-1497 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Rick’s Ranchwear, c/o Boot Country, to install, construct and maintain an aerial encroachment at 304 Broadway for Boot Country (Proposal No. 2010M-005EN-001).

RESOLUTION NO. RS2010-1498 (Jameson)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

A resolution authorizing Sedona Sun, LLC to install, construct and maintain an aerial encroachment at 423 Broadway for Troubadours (Proposal No. 2010M-011EN-001).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-820 (Moore, Barry & others)

An ordinance amending Chapter 2.78 of the Metropolitan Code to require the Board of Fair Commissioners of the Metropolitan Government of Nashville and Davidson County to hold a state fair on the fairgrounds property in 2011, to continue operating the expo center at the fairgrounds until a suitable relocation site has been identified, and to oversee the demolition of the existing racetrack facilities for use as a public park.

BILL NO. BL2010-821 (Hollin)

An ordinance amending Section 2.196.040 of the Metropolitan Code to increase the annual filing fee for the registration of lobbyists.

BILL NO. BL2010-822 (Hollin, Crafton, Craddock)

An ordinance amending Section 2.222.020 of the Metropolitan Code to prohibit persons serving on Metropolitan Government boards or commissions from engaging in lobbying activity.

BILL NO. BL2010-823 (Hollin, Jameson)

An ordinance repealing Ordinance No. BL2007-1544, as amended, to rescind the Metropolitan Council’s approval of the lease agreement between the Metropolitan Government and Belmont University concerning the development and shared use of Rose Park.

BILL NO. BL2010-824 (Wilhoite, Barry)

An ordinance amending Ordinance No. BL 2010-689 to extend the deadline for the waiver of certain permit fees when obtaining a permit for repairing or rebuilding property damaged as a result of the May 2010 flooding.

BILL NO. BL2010-825 (Tygard)

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for free parking for vehicle owners that purchase carbon offsets.

BILL NO. BL2010-826 (Adkins)

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 August 17, 2010.

BILL NO. BL2010-827 (Hollin)

An ordinance amending Chapters 17.04, 17.08, and 17.16 of the Metropolitan Code by deleting the definitions of “cash advance”, “check cashing”, “pawnshop”, and “title loan”, and deleting such uses from the land use table and the land use development standards (Proposal No. 2010Z-024TX-001).

BILL NO. BL2010-828 (Hodge, Barry)
Approved by Planning Commission

An ordinance authorizing the acquisition of properties or easements by negotiation or condemnation for use in public projects of the Metropolitan Government of Nashville and Davidson County, Project Number 93-SC-34, Whites Creek Wastewater Pumping Station Improvements, on properties at 0 Ashland City Highway and 0 East Stewarts Lane (Proposal No. 2010M-021ES-001).

BILL NO. BL2010-829 (Gotto, Hodge)
Approved by Planning Commission

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2010M-002OT-001).

BILL NO. BL2010-830 (Todd)
Approved by Planning Commission
and Traffic & Parking Commission (6-0)
Requested by: French Christianson Patterson & Associates

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning an unnamed right-of-way (Proposal No. 2007M-237U-10).

BILL NO. BL2010-831 (Page)
Approved by Planning Commission
and Traffic & Parking Commission (6-0)
Requested by: Dale & Associates for Churches of Christ Disaster Relief Effort, Inc.

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 Alley No. 1916 and an Unnumbered Alley (Proposal No. 2009M-005AB-001).

- BILLS ON SECOND READING -

BILL NO. BL2010-768 (Stanley)
Referred to Planning Commission, Public Works
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 accepting Hoggett Ford Road as a public road (Proposal No. 2010M-009PR-001).

BILL NO. BL2010-795 (Evans, Baker)
Referred to Budget & Finance
and Public Works Committees

An ordinance accepting a contribution in an amount not to exceed $200,000 from The Parkes Companies, Inc., for traffic calming and beautification projects in the Annex Avenue and Hillwood neighborhoods, and appropriating said amount to the Department of Public Works.

BILL NO. BL2010-806 (Barry)
Referred to Budget & Finance Committee

An ordinance amending Title 2 of the Metropolitan Code of Laws relative to Economic and Community Development Incentive Grants.

BILL NO. BL2010-807 (Gilmore, Moore)
Referred to Codes, Education
and Health, Hospitals & Social Services Committees

An ordinance amending Title 2 of the Metropolitan Code to create a Food Policy Council.

BILL NO. BL2010-808 (Wilhoite)
Referred to Rules Committee

An ordinance amending Section 2.222.020 of the Metropolitan Code to allow Members of the Metropolitan Council to act as a non-compensated representative for constituents before Metropolitan Government departments, agencies, boards and commissions.

BILL NO. BL2010-809 (Gotto, Craddock, Claiborne)
Referred to Public Safety Committee

An ordinance amending Chapter 2.44 of the Metropolitan Code to require the Police Department to provide an honor guard and/or police escort for the funerals of retired and active police officers at the request of the officer’s family.

BILL NO. BL2010-810 (Hollin)
Referred to Rules Committee

An ordinance amending Chapter 2.196 of the Metropolitan Code to require lobbyists to file a notice of withdrawal upon the termination of lobbying services.

BILL NO. BL2010-811 (Jameson)
Referred to Codes
and Public Safety Committees

An ordinance amending Section 11.12.070 of the Metropolitan Code to prohibit the use of personal sound amplification equipment on the public rights-of-way within downtown Nashville.

BILL NO. BL2010-812 (Tygard, Garrett & others)
Referred to Rules Committee

An ordinance naming the Metropolitan Council Chamber in honor of David Scobey.

BILL NO. BL2010-813 (Hollin, Hodge, Barry)
Referred to Budget & Finance
and Public Works Committees

An ordinance approving a construction agreement with CSX Transportation, Inc.

BILL NO. BL2010-814 (LaLonde, Barry, Hodge)
Referred to Budget & Finance
and Public Works Committees

An ordinance approving an agreement between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, for the installation of and access to wind and solar power generating facilities on Love Circle Reservoir property in Davidson County, Tennessee and authorizing the execution of same.

BILL NO. BL2010-815 (Forkum, Barry, Hodge)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of property or easements by negotiation or condemnation for use in public projects of the Metropolitan Government of Nashville and Davidson County, initially with relation to Project Number 03-D-00500, Pierce Road, as listed on Exhibit A (Proposal No. 2009M-022PR-001).

BILL NO. BL2010-816 (Jernigan, Barry, Hodge)
Referred to Planning Commission
Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance authorizing the acceptance or acquisition of easements by negotiation or condemnation for the purpose of construction, operation, maintenance, repair, replacement and inspection of a proposed streambank stabilization project on the Cumberland River adjacent to Waterford subdivision (Proposal No. 2010M-031ES-001).

BILL NO. BL2010-817 (Tygard, Crafton)
Referred to Public Works
and Planning & Zoning Committees

An ordinance naming the bridge on Old Harding Pike over the Harpeth River in honor and memory of Joseph and Bessie Formosa and Mary Jane McCormac.

BILL NO. BL2010-818 (Harrison)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: R.C. Calligan & RCC LLC

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 Alley No. 2007 (Proposal No. 2010M-011AB-001).

BILL NO. BL2010-819 (Jameson)
Approved by Planning Commission
and Traffic & Parking Commission (7-0)
Referred to Public Works, Traffic & Parking
and Planning & Zoning Committees
Requested by: S. Mitchell Hodge, North Egg Ventures LLC

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 Lakehurst Drive (Proposal No. 2010M-013AB-001).

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2010-734 (Holleman, Jameson, Cole)
Approved by Traffic & Parking Commission (6-0)
Budget & Finance
and Traffic & Parking Committees

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for free parking for environmentally friendly vehicles in parking meter zones.

BILL NO. BL2010-784 (Hollin, Claiborne & others)
Referred to Planning Commission
Approved by Planning & Zoning Committee

An ordinance to amend Section 17.40.650 of the Metropolitan Code, Zoning Regulations, to provide for relocation of Nonconforming Uses, all of which is more particularly described herein (Proposal No. 2010Z-020TX-001).

BILL NO. BL2010-793 (Barry, Langster)
Approved by Budget & Finance
and Traffic & Parking Committees

An ordinance amending Title 1, Title 5, Title 6, Title 11, and Title 12 of the Metropolitan Code pertaining to fines and penalties for violations of ordinances, resolutions, rules, regulations, or orders of the Metropolitan Government.

SUBSTITUTE BILL NO. BL2010-794 (Jernigan, Jameson & others)
Approved by Public Works Committee

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to low impact development practices, no adverse impact design, and associated incentives.

BILL NO. BL2010-796 (Barry, Hodge)
Approved by Budget & Finance
and Public Works Committees

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, and CCBCC Operations, LLC, for the purpose of promoting recycling and environmental awareness through a Recycle and Win Program.

SUBSTITUTE BILL NO. BL2010-797 (Baker, Barry, Hodge)
Approved by Budget & Finance
and Public Works Committees

An ordinance authorizing the Metropolitan Government to participate with Rogers Group, Inc. to improve public sewer service in Davidson County by constructing the Basswood & Cockrill Bend Trunk Sewer Line Relocation Project No: 10-SL-206.

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2010-1499 (Crafton)
Referred to Rules Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly and the Tennessee Regulatory Authority to enact and implement the necessary regulations to prohibit utilities from basing the amount of a customer’s security deposit on a previous customer’s usage.