M I N U T E S
Metropolitan Council Meeting
Tuesday, April 21, 1998
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M I N U T E S Metropolitan Council Meeting Tuesday, April 21, 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 Dr. Tim Walker of Dalewood Baptist Church.
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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver, and President West (37); Absent: Patton, Stanley, Graves, Alexander (4).
The Minutes of the regular meeting of April 7, 1998 were approved.
Mr. Harrison moved that at the time of adjournment the Council adjourn to Thursday, May 7, 1998, at 7:00 p.m., which motion was seconded and adopted by a unanimous vote of the Council.
- MAYOR’S 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 12.01 of the Metropolitan Charter, I hereby reappoint, subject to your confirmation, as a member of the Metropolitan Civil Service Commission, the following eligible, qualified person:
Mr. F. Clay Bailey, 907 Overton Lea Road, Nashville, TN 37220.
Mr. Bailey's new term will expire March 31, 2003.
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 reappointment of Mr. Bailey to the Metropolitan Civil Service Commission. Mr. Harrison moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.
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 2.80.020 of the Metropolitan Code of Laws, I hereby reappoint, subject to your confirmation, as a member of the Board of Fire and Building Code Appeals, the following eligible, qualified person:
Mr. Robin Barrick, 1134 Sewanee Road, Nashville, TN 37220.
Mr. Barrick will continue to serve as the board's mechanical engineer. His term will expire March 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 2.80.020 of the Metropolitan Code of Laws, I hereby reappoint, subject to your confirmation, as a member of the Board of Fire and Building Code Appeals, the following eligible, qualified person:
Mrs. Dede Scott, 4821 Morgan Drive, Old Hickory, TN 37138.
Mrs. Scott will continue to serve as the board's finance representative. Her term will expire March 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 2.80.020 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Board of Fire and Building Code Appeals, the following eligible, qualified person:
Mr. Bill Wamsley, 306 South Cameron Court, Hermitage, TN 37076.
Mr. Wamsley will serve as the board's fire prevention specialist. His term will expire March 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 appointment of Mr. Wamsley and the reappointments of Mr. Barrick and Mrs. Scott to the Board of Fire and Building Code Appeals. Mr. Harrison moved to confirm the appointments, which motion was seconded and adopted by a unanimous vote of the Council.
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 2.92 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Board of Plumbing Examiners and Appeals, the following eligible, qualified person:
Mr. David Holman, 514 Glen Park Drive, Nashville, TN 37217.
Mr. Holman will serve as the Master Plumber on the board. His term will expire March 10, 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 appointment of Mr. Holman to the Board of Plumbing Examiners and Appeals. Mr. Harrison moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.
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 2.148.010 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Tourism and Convention Commission, the following eligible, qualified person:
Ms. Pam Martin, 2772 Fleet Drive, Hermitage, TN 37076.
Ms. Martin will serve as a tourist-related industry representative and will replace Ron Crawford, who recently resigned. This term will expire June 30, 2000.
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 appointment of Ms. Martin to the Metropolitan Tourism and Convention Commission. Mr. Harrison moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.
- RESOLUTIONS -
RESOLUTION NO. R98-1084
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact necessary legislation to allow recall provisions of the Metropolitan Charter to be applicable in the area of the Metropolitan Government. Mr. Johns moved to adopt the resolution, which motion was seconded. Mr. Wooden moved to defer action indefinitely on the resolution, which motion was seconded. Mr. Dale moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. Mr. Fentress offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. After discussion, Mr. Hall 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 seconded and failed by the following vote: "Ayes;" Varallo, Steine, Ferrell, Beehan, Campbell, Dillard, Dale, Clifton, Holt, Johns, Kleinfelter, Arriola, Jenkins, Turner, Fentress, Lineweaver (16); "Noes;" Black, Nollner, Majors, Harrison, Hart, Wooden, Ponder, French, Douglas, Sloss, Haddox, McCallister, Sontany, Hall, Holloway, Hollis, President West (17); "Abstaining;" Armistead, Waters, Garrett, Crafton (4).
A resolution amending the 1997-98 to 2002-2003 Capital Improvements Budget (Ordinance No. O97-791) to change information for a Parks and Recreation project (Project No. 96PR002). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium 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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1104
A resolution requesting the Metropolitan Board of Public Education to revise its plan to settle the desegregation suit to provide for neighborhood schools. The Rules-Confirmations-Public Elections-Aviation Committee recommended deferment of the resolution. Mr. Crafton moved to defer action on the resolution, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Division of Air Pollution Control of the Metropolitan Health Department to conduct a study to determine the feasibility of ending the annual automobile emissions inspection program. The resolution was approved by the 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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1106
A resolution designating April 19-25, 1998, as Crime Victims' Rights Week. 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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1107
A resolution setting a public hearing for a proposed amendment to the Capitol Mall Redevelopment Plan. The resolution was approved by the Federal Grants Review Committee. Mr. Black moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1108
A resolution setting a public hearing for the Arts Center Redevelopment Plan. The resolution was approved by the Federal Grants Review Committee. Mr. Black moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1109
A resolution appropriating $225,000 in Community Development Block Grant funds for construction of an alert center and laundromat at North 3rd and Berry Streets. The resolution was approved by the Federal Grants Review Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1110
A resolution appropriating $6,000 in Community Development Block Grant funds for the purpose of installing banners in the Village of Madison. The Federal Grants Review Committee recommended deferment of the resolution. Mr. Dillard moved to defer action on the resolution, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $500,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for the renovation and/or construction of tennis courts, Project No. 92PR012, 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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $500,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for the relocation and renovation of courthouse areas, Project No. 91GS010, 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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1113
A resolution approving a grant from The Frist Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission to undertake a market research study of the arts in Nashville. The Budget and Finance Committee approved the resolution with an amendment. Mr. Steine offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Steine moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
A resolution approving an Interlocal Agreement between the Emergency Communications District for Nashville and Davidson County for partial funding for the procurement of an 800 MHz simulcast trunk radio system for Emergency Dispatch and Response. 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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
A resolution approving agreements by and between The Metropolitan Government of Nashville and Davidson County by and through the Metropolitan Social Services Commission and community agencies to provide professional service under the Caring for Children Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
A resolution to appropriate $375,000 from the unappropriated balance of the Solid Waste Fund for the completion of the expansion of the ash landfill and upgrade convenience center at 931 Richard G. Adams Drive. The resolution was approved by the Budget and Finance Committee; the Public Works Committee recommended deferment of the resolution. Ms. Beehan moved to defer action on the resolution, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing the transfer of funds from GSD General Fund to the Solid Waste Disposal Fund (1-146) and to appropriate said funds to the Solid Waste Disposal Fund for chipper service and the prisoner program to support right-of-way cleanup. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1118
A resolution approving a modification to a grant from the Tennessee Department of Agriculture, Forestry Division, to the Metropolitan Board of Parks and Recreation for the benefit of the Commission on Beautification and the Environment. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Dillard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1119
A resolution approving a modification to a grant from the Tennessee Department of Agriculture, Forestry Division, to the Metropolitan Board of Parks and Recreation for the benefit of the Tree Advisory Committee. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Dillard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1120
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim it has against Queen's Tree Surgery, Inc. in the amount of $8,750.00, and that said amount be deposited into the General Services District General Fund. 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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1121
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Natalie F. Young against The Metropolitan Government of Nashville and Davidson County for $7,000.00, and directing that this amount be paid from the self-insured liability account. 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, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
Without objection the rules were suspended for consideration of two (2) late resolutions.
RESOLUTION NO. R98-1122
A resolution approving a grant of $98,073 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. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
RESOLUTION NO. R98-1123
A resolution commending employees of the Metropolitan Government for their service during and following the tornadoes and storms of April 16, 1998. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
Mayor Bredesen addressed the Council at this time with an update on tornado recovery efforts.
- BILLS ON INTRODUCTION AND FIRST READING -
BILL NO. O98-1176
An ordinance adding Section 10.18.025 to the Metropolitan Code relating to smoking in the Nashville Arena. Mr. Nollner offered a substitute bill and moved that it be accepted for filing and no objection was made.
A substitute ordinance amending Sections 10.18.010 and 10.18.020 of the Metropolitan Code of Laws regarding smoking at facilities owned or controlled by the Sports Authority. Upon motion duly seconded, the substitute bill passed first reading and was referred to the Parks, Library, Recreation and Auditorium Committee by a voice vote of the Council.
BILL NO. O98-1177
An ordinance approving a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Health. Ms. Beehan requested permission to withdraw the bill, which permission was granted by a unanimous vote of the Council.
An ordinance approving a grant from the U.S. Department of Justice entitled Cops Problem Solving Partnership Assessment Project to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.
An ordinance approving a grant in an amount not to exceed $10,000 from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the Stop the Violence Against Women Discretionary Allocation Project. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
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 and R8 Districts to RM9 District (Proposal No. 98Z-007G), certain properties located at Bell Road and 4044 Mills Road, abutting the north margin of Bell Road and the south margin of Interstate 40, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. 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 to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to certain property abutting the north margin of Bell Road and the northeast margin of Dodson Chapel Road, classified R8 and AR2a and proposed for RM9, the provisions of the Planned Unit Development District (Proposal No. 98P-001G), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. 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 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 R10 District (Proposal No. 96Z-044U), certain property abutting the southeast margin of Mt. View Road, approximately 580 feet south of Kenton Court, all of which is more particularly described herein. The bill was approved by the Planning Commission; the Planning, Zoning, Historical and Port Authority Committee approved the bill with an amendment. Ms. Holloway offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Holloway 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 to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to certain property abutting the southeast margin of Mt. View Road, approximately 700 feet southwest of Kenton Court, classified AR2a and proposed for R10, the provisions of Division VI, Chapter 17.96, the Residential Planned Unit Development District (Proposal No. 97P-031U), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Ms. Holloway moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
A substitute ordinance amending Sections 10.20.287 and 10.20.330 of the Metropolitan Code of Laws and establishing a solid waste disposal fee. The bill was approved by the Budget and Finance Committee with an amendment; the Public Works Committee recommended deferment. Mr. Waters offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Clifton offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Waters moved to pass the bill on second reading as amended, which motion was seconded. Mr. Lineweaver moved to defer the bill on second reading, which motion was seconded. Mr. Waters moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. Mr. Lineweaver moved to table the bill, which motion was seconded and failed by a roll call vote of the Council. After discussion, Mr. McCallister called for the previous question, which motion was seconded and failed by a roll call vote of the Council. After further discussion, Mr. Crafton called for the previous question, which motion was seconded and adopted by a by a voice vote of the Council. The matter recurred on the motion to pass the bill on second reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Waters, Nollner, Majors, Beehan, Campbell, Ponder, Dale, Clifton, Haddox, McCallister, Arriola, Sontany, Holloway, Hollis, Jenkins, Turner (19); "Noes" Armistead, Hart, Dillard, Garrett, Wooden, Douglas, Sloss, Holt, Crafton, Johns, Kleinfelter, Hall, Fentress, Lineweaver (14); "Abstaining" Black, French (2).
An ordinance to amend Section 10.20.200 of the Metropolitan Code of Laws by revising tip fees. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Waters moved to pass the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O98-1130
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically for the construction of a new radio communications tower for the Metropolitan Government. Mr. Waters requested permission to withdraw the bill, which permission was granted by the unanimous vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of Oak Street between Lemuel Road and its southern terminus to "Quality Way," (Proposal No. 98M-019U), all of which is more particularly described herein. The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Mr. Majors 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 projects of the Metropolitan Government and specifically with relation to Project No. 90-SC-157, Nashville Overflow Abatement Program Second Avenue tunnel. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Haddox 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 land for the use in Public Project No 97-SC-5, Apex storm inlet and appurtenances at Apex Street and McFerrin-Granada Connector with specific relation to the construction of the Second Avenue tunnel. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Harrison 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 (Map 81-7, Parcel 209; 1925 16th Avenue North). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Haddox moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving agreements relating to Metro Project No. 84-PW-028. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Lineweaver moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 15 of the Metropolitan Code of Laws relative to a reduction of residential water rates and charges as more fully described herein to be effective July 1, 1998. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Dale moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance abandoning a portion of sewer easement encumbering along rear lot lines of Lots 59 and 60 of the plan of lots in Nashville Tennessee, R.O.D.C. Book "U", Page 212, Project No. 70-S-6A, and authorizing the Metropolitan Mayor to execute the attached document. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Sloss 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 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 in the amount of $2,669 for interlibrary loan net lending. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Dillard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 376 (Mulloy Alley) between 17th Avenue North and 18th Avenue North, (Proposal No. 98M-025U), all of which is more particularly described herein. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees; the bill was disapproved by the Traffic and Parking Commission; the Traffic and Parking Committee recommended deferment of the bill. Mr. Sloss moved to defer action on the substitute bill, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 68 between Alley No. 132 and Franklin Street, and an unnumbered alley segment abutting the west margin of Alley No. 68, approximately 76 feet south of Alley No. 132, (Proposal No. 97M-138U), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee; the bill was disapproved by the Traffic and Parking Commission; the Public Works and Traffic and Parking Committees recommended deferment of the bill. Mr. Sloss moved to defer action on the bill, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley 189 between Martin and Brown Streets, (Proposal No. 98M-032U), 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. Sloss moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
BILL NO. O97-762
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, Tennessee, by accepting the dedication of Pine Hill Road. The bill was disapproved by the Planning Commission and approved by the Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Lineweaver moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
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. Mr. Crafton moved to defer action on the bill to the second meeting in June, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O97-996
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 OG (New Code: OL) District to CS District (Proposal No. 97Z-086U), certain property located at 236 Orlando Avenue within the Richland Creek floodplain, approximately 700 feet south of Charlotte Pike, all of which is more particularly described herein. Mr. Johns requested permission to withdraw the bill, the bill being requested by J. Michael Halloran, which permission was granted by the unanimous vote of the Council.
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 disapproved by the Planning Commission and Traffic and Parking Commission; 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 third reading, which motion was seconded. After discussion, Mr. Hall called for the previous question which was seconded and adopted without objection. The matter recurred on the motion to pass the bill on third reading, which motion was adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (32); "Noes;" Nollner, Ponder, French, Kleinfelter (4).
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. Ms. Holloway moved to defer action indefinitely on the bill, the bill being requested by Steven and Kathy Adams, which motion was seconded and adopted 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 amending the Residential Planned Unit Development District (Proposal No. 90P-020G), to permit the closing of a portion of Shawnee Road and to add one additional single-family lot, abutting the southwest margin of Cheyenne Boulevard, approximately 1,000 feet north of Canton Pass, all of which is more particularly described herein. The bill was disapproved by the Planning Commission and approved by the Planning, Zoning, Historical and Port Authority Committee. Mr. Dillard moved to pass the bill on third reading, which motion was seconded. After discussion, Mr. Ponder called for the previous question which was seconded and adopted without objection. The matter recurred on the motion to pass the bill on third reading, which motion was adopted by the following vote: "Ayes;" Armistead, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Dale, Douglas, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (29); "Noes;" Ponder, French, Kleinfelter (3); "Abstaining;" Varallo, Steine, Clifton (3).
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 IR District (Proposal No. 98Z-017G), certain properties at 4131 and 4145 Murfreesboro Pike, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Ms. Holloway moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
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 CL District to MUG District (Proposal No. 98Z-033U), certain property located on the west margin of Donelson Pike, approximately 100 feet north of Interstate 40 (.78 acres), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and approved by the Planning, Zoning, Historical and Port Authority Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Steine, Ferrell, Waters, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (32); "Noes;" (0); "Abstaining;" Clifton (1).
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 RM40 District to ORI District (Proposal No. 97Z-115U), certain properties located at 3308 and 3310 Orleans and 3311 West End Avenue, all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Clifton moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council. Mr. Clifton requested a suspension of the rules for consideration of the bill on third reading at the May 7, 1998 meeting, which motion was seconded and adopted by a unanimous 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 making applicable to certain property located between West End Avenue and Orleans Drive, all proposed for ORI, the provisions of Division VI, Chapter 17.100, the Commercial (General) Planned Unit Development District (Proposal No. 97P-041U), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Clifton moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council. Mr. Clifton requested a suspension of the rules for consideration of the bill on third reading at the May 7, 1998 meeting, which motion was seconded and adopted by a unanimous 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 R20 District to CL District (Proposal No. 97Z-104U), certain properties located at Tolbert Road, 548, 560 and 562 Old Hickory Boulevard, on the west margin of Tolbert Road, all of which is more particularly described herein. The bill was disapproved by the Planning Commission and approved by the Planning, Zoning, Historical and Port Authority Committee. Mr. Crafton moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (34); "Noes;" (0).
An ordinance amending Chapter 2.62 of the Metropolitan Code of Laws by adding a new section relative to the administration of a certification mark program for use of certification marks, "Music City and Music City, U.S.A.", and by adding an additional subsection allowing the Director of the Mayor’s Office of Film and Special Events to enter into film location agreements. The bill was approved by the Budget and Finance Committee. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
An ordinance authorizing the conveyance of Church Street Park on the north side of Church Street between 6th Avenue North and Capitol Boulevard to The Metropolitan Government of Nashville and Davidson County (Map 93-6-1, Parcels 12-15). 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. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 107, Parcel 9; Century Boulevard at Marriott Drive). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for use in Public Project No. 97-SG-86, Andrew Jackson Parkway sewer improvements. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
An ordinance abandoning drainage and public utility easements in Stone Cree Park Section 1-C, Lot Nos. 141, 142 and 143, said property being of record in Plat Book 9700, Page 469, Register’s Office for Davidson County, Tennessee, all of which is more particularly described herein by exhibits attached hereto. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes;" Varallo, Armistead, Steine, Ferrell, Waters, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (36); "Noes;" (0).
Upon motion duly seconded, the meeting was adjourned to Thursday, May 7, 1998 at 7:00 p.m.