![]() |
M I N U T E S Metropolitan Council Meeting Tuesday, January 20, 1998 |
The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilmember Phil Ponder.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver, and President West (39); Absent: Waters, Stanley (2).
The Minutes of the regular meeting of January 6, 1998 were approved.
The President announced that an election would be held to fill the four-year term of Public Administrator. The nomination of Ms. Peggy D. Mathes, 5049 Villa Crest, Nashville, was offered by Mr. Harrison, pursuant to Council Rules of Procedure. Mr. Harrison, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the election of Ms. Mathes. Mr. Harrison moved to elect Ms. Mathes, which motion was seconded and adopted by a unanimous vote of the Council. The President declared Ms. Mathes elected to the office of Public Administrator for a four-year term.
- MAYORS MESSAGES -
The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201
Dear Vice Mayor West and Members of the Council:
Pursuant to Section 2.112.020 of the Metropolitan Code, I hereby reappoint, subject to your confirmation, as a member of the Metropolitan Nashville Arts Commission, the following eligible, qualified person:
Mr. H. Jackson Brown, 607 West Iris Drive, Nashville, TN 37204.
Mr. Browns new term will expire on January 1, 2002.
Your earnest and prompt consideration of this appointment is appreciated.
Respectfully submitted,
/s/ Philip Bredesen
Mayor
The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201
Dear Vice Mayor West and Members of the Council:
Pursuant to Section 2.112.020 of the Metropolitan Code, I hereby reappoint, subject to your confirmation, as a member of the Metropolitan Nashville Arts Commission, the following eligible, qualified person:
Dr. Paulette Coleman, 500 8th Avenue South, Suite 211, Nashville, TN 37203.
Dr. Colemans new term will expire on January 1, 2002.
Your earnest and prompt consideration of this appointment is appreciated.
Respectfully submitted,
/s/ Philip Bredesen
Mayor
The communication was received and read. Mr. Harrison, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the committee had considered and recommended the reappointments of Mr. Brown and Dr. Coleman to the Metropolitan Nashville Arts Commission. Mr. Harrison moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.
At this time Bill No. SO97-1013 was called up for consideration.
SUBSTITUTE BILL NO. SO97-1013
A substitute ordinance authorizing the execution and delivery of the Trust Indenture relating to the issuance of the public facility revenue bonds of The Sports Authority of The Metropolitan Government of Nashville and Davidson County; authorizing the pledge of non-tax revenues of the Metropolitan Government as security for such bonds and any notes issued in anticipation thereof; authorizing an official statement to be distributed in connection with the sale of the bonds; and authorizing a loan of funds of the Metropolitan Government to The Sports Authority pending the issuance of the bonds. The bill was approved by the Budget and Finance Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Harrison, Beehan, Campbell, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Holloway, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" Nollner, Majors, Hart, Hollis, Alexander (5); "Abstains" Douglas, Crafton, Hall (3).
At this time the regular order of business was resumed.
- RESOLUTIONS -
RESOLUTION NO. R97-955
A resolution approving the authorization, issuance and sale of Public Facility Revenue Bonds of The Sports Authority of The Metropolitan Government of Nashville and Davidson County and approving the issuance of a note or notes in anticipation of the issuance of such bonds. The bill was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Harrison, Beehan, Campbell, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Holloway, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" Nollner, Majors, Hart, Hollis, Alexander (5); "Abstains" Douglas, Crafton, Hall (3).
SUBSTITUTE RESOLUTION NO. R97-957
A resolution approving Amendment One to Intergovernmental Project Agreement (Arena Project) between The Metropolitan Government of Nashville and Davidson County and The Sports Authority of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee approved the resolution with an amendment. Ms. Beehan offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hart offered Amendment No. 2 and moved for its adoption, which motion was seconded. Ms. Beehan moved to table the motion to amend, which motion was seconded and adopted by a roll call vote of the Council. Ms. Beehan moved to adopt the resolution as amended, which motion was seconded. After discussion, Mr. French called for the previous question, which motion was seconded and adopted by a roll call vote of the Council. The matter recurred on the motion to adopt the resolution as amended, which motion was adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Harrison, Beehan, Campbell, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Holloway, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" Nollner, Majors, Hart, Hollis, Alexander (5); "Abstains" Douglas, Crafton, Hall (3).
RESOLUTION NO. R97-959
A resolution appropriating the amount of $3,692,764 from the General Fund Reserve Fund for the purchase of equipment, and for making repairs to the buildings for various departments of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance; Codes, Fair and Farmers Market; Health, Hospitals and Social Services; Parks, Library, Recreation and Auditorium; Personnel-Public Information Human Relations-Housing; Rules-Confirmations-Public Elections-Aviation; Public Safety-Beer, Wine and Whiskey; Public Works; and Planning, Zoning, Historical and Port Authority Committees. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
A resolution requesting the Davidson County delegation to the Tennessee State General Assembly to introduce and have adopted legislation clarifying the authority of the Metropolitan Development and Housing Agency relative to implementing approved redevelopment plans within blighted areas. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Black moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
A resolution requesting the Davidson County delegation to the Tennessee State General Assembly to introduce and have adopted legislation providing prompt judicial review of decisions of boards or commissions wherein there is an allegation of the restraint of certain constitutionally protected rights. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
A resolution requesting the Davidson County delegation to the Tennessee State General Assembly to introduce and have adopted legislation authorizing the Metropolitan Department of Water and Sewer Services to participate with the Metropolitan Development and Housing Agency to provide certain services to eligible low and moderate income persons. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
A resolution requesting the Davidson County delegation to the Tennessee State General Assembly to introduce and have adopted legislation that would permit the Metropolitan Government to regulate smoking in restaurants and other places of public accommodation within the area of the Metropolitan Government. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Beehan, Campbell, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Holloway, Jenkins, Turner, (22); "Noes" Patton, Black, Nollner, Majors, Harrison, Douglas, Sloss, Hall, Alexander (9); "Abstains" Hart, Dillard, McCallister, Hollis, Fentress, Lineweaver (6).
A resolution requesting the Davidson County delegation to the Tennessee State General Assembly to introduce and have adopted legislation that would increase pay to jurors and expedite payment to jurors. A resolution Rules-Confirmations-Public Elections-Aviation Committee. Mr. Holt moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
A resolution appropriating funds from increased revenue source to the Metropolitan General Sessions Court. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
A resolution appropriating funds from increased revenue source (COPS MORE) to the Metropolitan Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
A resolution appropriating funds from increased revenue source (COPS Ahead) to the Metropolitan Police Department. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
A resolution appropriating funds from increased revenue source to the Department of Fire of the Metropolitan Government. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
RESOLUTION NO. R98-1000
A resolution appropriating funds from increased revenue source to the Metropolitan Government Department of Public Works for waste tire processing. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Campbell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
RESOLUTION NO. R98-1001
A resolution appropriating $103,000 in Community Development Block Grant funds for construction of the Charles and Mary Pruitt Learning Resource Center. The resolution was approved by the Federal Grants Review Committee. Mr. Sloss moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
RESOLUTION NO. R98-1002
A resolution appropriating Two Million Dollars ($2,000,000) from the unappropriated fund balance of the general fund of the General Services District to the Nashville Sounds for capital improvements to Greer Stadium. The Budget and Finance Committee recommended deferment of the resolution. Mr. Sloss moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. R98-1003
A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $527,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for the purchase of networking equipment, Project No. 94IS002A, and to declare the intent of The Metropolitan Government of Nashville and Davidson County to reimburse itself for certain expenditures with the proceeds of the General Services District Capital Outlay Notes. The resolution was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
RESOLUTION NO. R98-1004
A supplemental resolution authorizing the issuance of Water and Sewer Revenue Refunding Bonds, Series 1998A in an amount not to exceed $160,000,000. Mr. Steine offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. R98-1004
A supplemental resolution authorizing the issuance of Water and Sewer Revenue Refunding Bonds, Series 1998A in an amount not to exceed $160,000,000. The substitute resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
RESOLUTION NO. R98-1005
A resolution approving a letter of agreement concerning the appropriation of funds from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County for the benefit of Music City Baseball, Inc. The resolution was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
RESOLUTION NO. R98-1006
A resolution accepting the donation of a sum not to exceed $25,000 from the Elmer Newsome Family to the Department of Fire for the purpose of purchasing an imaging camera. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
RESOLUTION NO. R98-1007
A resolution appropriating $45,000 from the unappropriated fund balance of the general fund of the General Services District to the Nashville Humane Association to provide partial funding of an animal abuse investigator. Mr. Steine offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. R98-1007
A substitute resolution appropriating $30,000 from the unappropriated fund balance of the general fund of the General Services District to the Nashville Humane Association to provide partial funding of an animal abuse investigator and for consulting services. The substitute resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Steine moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Nollner, Beehan, Campbell, Hart, Dillard, Garrett, Ponder, French, Dale, Graves, Clifton, Crafton, Johns, Arriola, Sontany, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (25); "Noes" Patton, Black, Majors, Harrison, Douglas, Sloss, McCallister (7); "Abstains" Wooden, Haddox, Kleinfelter, Hall, Holloway (5).
RESOLUTION NO. R98-1008
A resolution initiating an application for an amendment to Heron Walk, a residential planned unit development, by eliminating a portion of Shawnee Road. The resolution was approved by the Planning, Zoning, Historical and Port Authority Committee. Mr. Dillard moved to adopt the resolution, which motion was seconded. Mr. French moved to defer the resolution two meetings, which motion was seconded. Mr. Dillard moved to table the motion to defer, which motion was seconded and adopted by a roll call vote. The matter recurred on the motion to adopt, which motion was adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
RESOLUTION NO. R98-1009
A resolution adding six (6) engineering firms (Gannett Fleming; Inc.; Viggen Corporation; The Scientex Corporation; P.B. Farradyne, Inc.; Lee Engineering, Inc.; and Dunn Engineering Associates, Inc.) to the master list of architects and engineers, which master list was approved by Resolution No. R94-1050. The resolution was approved by the Public Works Committee. Mr. Campbell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
Without objections the rules were suspended for consideration of two (2) late resolutions.
RESOLUTION NO. R98-1010
A resolution approving the election of certain notaries public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0). The following notary was elected to serve a four-year term: Marian E. Debro.
RESOLUTION NO. R98-1011
A resolution honoring Leadership Musics Fourth Annual Nashville Music Awards. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Armistead moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
BILL NO. O98-1040
An ordinance to amend Section 4.4 of Title 17 of the Metropolitan Code of Laws of Nashville and Davidson County relative to permitted accessory uses for home occupations in residential districts. At the request of the sponsor, the bill was withdrawn without objection.
An ordinance authorizing the transfer and acceptance of certain property from the United States Government to The Metropolitan Government of Nashville and Davidson County, Tennessee, for the benefit of the Metropolitan Police Department. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Safety-Beer, Wine and Whiskey and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.
An ordinance approving a contract between the Vanderbilt University School of Nursing and The Metropolitan Government of Nashville and Davidson County, acting through the Davidson County Juvenile Court to permit student nurses to serve an internship at the Juvenile Court Detention Facility. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.
An ordinance authorizing the donation of certain land to the YWCA of Nashville from The Metropolitan Government of Nashville and Davidson County, Tennessee. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.
An ordinance approving an amended and restated lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Parks and Recreation Board, as lessor, and Nashville Sounds Baseball Club, L.P., as lessee, for the lease of premises known as Greer Stadium. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.
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 District to RS10 District (Proposal No. 97Z-112G), certain property abutting the south margin of Mt. Pisgah Road and the north margin of Holt Road, all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.
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 District to CS District (Proposal No. 97Z-107U), certain property located at 5876 Mt. View Road, approximately 200 feet west of Murfreesboro Pike, all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.
- BILLS ON SECOND READING -
BILL NO. O97-919
An ordinance amending the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, Tennessee, by accepting the dedication of Heath Road. The bill was disapproved by the Planning Commission and approved by the Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Crafton moved to pass the bill on second reading and re-refer it to the Public Works and Planning, Zoning, Historical and Port Authority Committees, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O97-1012
An ordinance amending Title 2, Chapter 44 of the Metropolitan Code of Laws by adding a new Section 2.44.210 authorizing the Metropolitan Police Department to contract with private entities to provide on duty police officers and police vehicles for certain events. The Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees recommended indefinite deferment of the bill. Mr. Jenkins moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE BILL NO. SO97-1022
A substitute ordinance amending Chapter 6.54 of the Metropolitan Code of Laws relative to licensing and regulation of adult entertainment. Mr. Ferrell offered a second substitute bill and moved that it be accepted for filing and no objection was made.
A second substitute ordinance amending Chapter 6.54 of the Metropolitan Code of Laws relative to licensing and regulation of adult entertainment. The second substitute bill was approved by the Public Safety-Beer, Wine and Whiskey; Codes, Fair and Farmers Market; and Health, Hospitals and Social Services Committees. Mr. Ferrell moved to pass the second substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O97-1023
An ordinance approving an agreement of exchange between The Metropolitan Government of Nashville and Davidson County and Hospital Corporation of America Health Services of Tennessee, Inc., and authorizing the Metropolitan County Mayor to execute said agreement. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees. Mr. Nollner moved to pass the bill on second reading, which motion was seconded and adopted by the following vote: "Ayes" Steine, Ferrell, Patton, Nollner, Majors, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, Dale, Clifton, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (29); "Noes" Graves, Arriola (2).
An ordinance approving a grant from the State of Tennessee, Department of Agriculture to The Metropolitan Government of Nashville and Davidson County acting through the Metropolitan Board of Codes Administration, to implement the Urban and Community Forestry Grant Assistance Program. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing Nashville and Eastern Railroad Corporation to participate with the Metropolitan Government for the construction of Project No. 96-SG-144. The Metropolitan Government agrees to accept an amount not to exceed $10,500.00 as a contribution in aid of construction from the said Nashville and Eastern Railroad Corporation. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Ponder moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a joint funding agreement between the United States Department of the Interior, Geological Survey, and The Metropolitan Government of Nashville and Davidson County, Department of Water and Sewerage Services, for the period October 1, 1997 to September 30, 1998, for the operation of stream flow gauging stations, the Cumberland River (UVM) and Cumberland River water quality sampling and monitoring sites in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 81-7, Parcel 151; 2012 9th Avenue North). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O97-1028
An ordinance authorizing the acquisition of property by negotiation or condemnation for the Porter Road Drainage, Project No. 97-D-7. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Campbell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to participate with Wexford Downs, LLC for the construction of Project No. 95-SL-142 (Wexford Downs Residential PUD off-site sewer construction). The Metropolitan Government agrees to pay an amount not to exceed $115,000.00 as a contribution in aid of construction to the said Wexford Downs, LLC. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Mayor to execute a Fourth Amendment to the May 21, 1979 agreement with the City of Brentwood for the purchase of wastewater transportation and treatment capacity in the central subdrainage area. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring sewer and related real property interests in Williamson and Davidson Counties and authorizing acceptance of real property interests in Williamson County for use in construction of Public Project No. 97-SG-84 & 97-SG-84A, Owl Creek Trunk Sewer. The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning, Historical and Port Authority Committees. Ms. Beehan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the French River Development Co., L.L.C. to participate with the Metropolitan Government for the construction of Project No. 96-SG-19. The Metropolitan Government agrees to accept an amount not to exceed $1,372.00 as a contribution in aid of construction from the said, French River Development Co., L.L.C. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Ponder moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in Public Project Nos. 93-SG-109, Miami Avenue, and 93-SG-110, Pennington Bend Pressure Systems. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Dale moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O97-1034
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Meadow View Drive, all of which is more particularly described herein. The Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees recommended withdrawal of the bill. Mr. Lineweaver requested permission to withdraw the bill, inasmuch as it is replaced by Bill No. O98-1039, which permission was granted by a unanimous vote of the Council.
BILL NO. O98-1035
An ordinance amending Section 2.36.100(G) of the Metropolitan Code of Laws to reduce to three days the time allowed for abatement of nuisances. The Health, Hospitals and Social Services Committee recommended deferment of the bill. Mr. Dillard moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O98-1036
An ordinance amending the Metropolitan Code of Laws Section 2.44.080 to authorize fees for certain special services provided for the citizens by the Metropolitan Police Department, the amount of those fees determined on a cost-analysis basis. The bill was approved by the Budget and Finance Committee and the Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the bill for two meetings. Mr. Ponder offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ponder moved to defer action on the bill for two meetings, upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 2 of the Metropolitan Code of Laws and authorizing the creation of a Central Business Improvement District for Metropolitan Government of Nashville and Davidson County, Tennessee, and to appoint a corporation to act as an advisory board to the District with the necessary powers and authority to carry out the purposes and intent of the District. The bill was approved by the Budget and Finance and Planning, Zoning, Historical and Port Authority Committees with an amendment. Mr. Sloss offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Sloss moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court to improve Juvenile Court services. The bill was approved by the Budget and Finance Committee. Mr. Ponder moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O98-1039
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a portion of Meadow View Drive, all of which is more particularly described herein. The bill was approved by the Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Mr. Lineweaver moved to pass the bill on second reading and re-refer it to the Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
BILL NO. O97-1008
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 81-16, Parcel 430; 1406 Meharry Boulevard). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1009
An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Book Publishing Company, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before September 1997. The bill was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1010
An ordinance approving a grant in the amount of $150,000 from the State of Tennessee, Office of the Secretary of State, to The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Public Library for the Mary and Charles Pruitt Branch Library and Learning Resources Center construction project. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Dillard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1011
An ordinance approving a grant from the State of Tennessee, Office of the Secretary of State, to The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Public Library for materials to be added to the TELINET (Tennessee Public Library Database). The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Dillard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
SUBSTITUTE BILL NO. SO97-1013
Action previously taken.
BILL NO. O97-1014
An ordinance approving a contract between the State of Tennessee, Department of Childrens Services and The Metropolitan Government of Nashville and Davidson County, acting through the Davidson County Juvenile Court for custody intervention services in an amount not to exceed $136,800.00. The bill was approved by the Budget and Finance Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1015
An ordinance approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting through the General Sessions Court and Kelly Miller Smith Center Against Abusive Behavior. The bill was approved by the Budget and Finance Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1016
An ordinance to regulate discharges into the Municipal Separate Storm Sewer System of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1017
An ordinance authorizing the acquisition or property by negotiation or condemnation for Brick Church Pike, Project. No. 88-R-4. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Garrett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1018
An ordinance amending Sections 3.08.170(A) (1); 3.08.171(A) (1); 3.08.010; 3.28.050(C); 3.32.030; 3.29.050(C) and 3.36.030 of the Metropolitan Employee Benefit System. The bill was approved by the Budget and Finance and Personnel-Public Information Human Relations-Housing Committees. Mr. Campbell, on behalf of the sponsor, moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1019
An ordinance approving an amendment to the lease agreement by and between The Metropolitan Government of Nashville and Davidson County, for the benefit of the Office of the District Attorney General, as lessee, and W.S. Investment Holdings, L.P., Square Investment Holdings, L.P., as lessor, for the premises known as Washington Square. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Campbell, on behalf of the sponsor, moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1020
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing a segment of Alley No. 1175 between the north property line of Parcel No. 155 on Map 91-15 and its northern terminus, (Proposal No. 97M-126U), all of which is more particularly described herein. The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Mr. Johns moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
BILL NO. O97-1021
An ordinance approving the acquisition of existing low rent housing. The bill was approved by the Planning Commission, Federal Grants Review and Planning, Zoning, Historical and Port Authority Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.