M I N U T E S
Metropolitan Council Meeting
Tuesday, August 18, 1998
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M I N U T E S Metropolitan Council Meeting Tuesday, August 18, 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 Mr. Jerry Sherrill of the Madison Church of Christ.
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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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: Stanley, Dale (2).
The Minutes of the regular meeting of August 3, 1998 were approved.
- 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 Resolution No. R70-872 and Tennessee Code Annotated, Section 42-4-105, I hereby reappoint, subject to your confirmation, as a member of the Metropolitan Nashville Airport Authority, the following eligible, qualified person:
Mr. Fred Dettwiller, 108 Savoy Circle, Nashville, TN 37205.
Mr. Dettwiller will continue to serve as the pilot's representative. His term will expire June 4, 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 reappointment of Mr. Dettwiller to the Metropolitan Nashville Airport Authority. 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 7.04.020 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Beer Permit Board, the following eligible, qualified person:
Mr. Charles Campbell, 8254 Greenbriar Road, Joelton, TN 37080.
Mr. Campbell will replace Edith Costanza who recently resigned from the board. His term will expire on October 31, 1999.
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. Campbell to the Beer Permit Board. 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 2.124.010 of the Metropolitan Code of Laws, I hereby reappoint, subject to your confirmation, as a member of the Convention Center Commission, the following eligible, qualified person:
Mr. Cyrus Booker, 315 Deaderick Street, Ste. 1280, Nashville, TN 37238.
Mr. Booker's new term will expire on August 7, 2001.
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 2.124.010 of the Metropolitan Code of Laws, I hereby reappoint, subject to your confirmation, as a member of the Convention Center Commission, the following eligible, qualified person:
Ms. Denise McBride, PO Box 305110, Nashville, TN 37230-5110.
Ms. McBride's new term will expire on August 7, 2001.
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. Booker and Ms. McBride to the Convention Center Commission. 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 10.202 of the Metropolitan Charter, I hereby reappoint, subject to your confirmation, as a member of the Board of Hospitals, the following eligible, qualified person:
Mr. Sheldon Krizelman, 6409 East Valley Court, Nashville, TN 37205
Mr. Krizelman's new term will expire on July 11, 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. Krizelman to the Board of Hospitals. 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 18.04 of the Metropolitan Charter, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Development and Housing Agency, the following eligible, qualified person:
Ms. Leslie V. Watkins, 1023 Meridian Street, Nashville, TN 37207.
Ms. Watkins will serve as the public housing representative on the board. This term will expire on July 1, 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 appointment of Ms. Watkins to the Metropolitan Development and Housing Agency. Mr. Harrison moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.
- RESOLUTIONS -
A resolution authorizing Bobby Bare Trap to install a 10’7" by 8’0" double faced sign over the public right-of-way at 325 Broadway (Proposal No. 98M-065U), all of which is more particularly described herein. The resolution was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Sloss moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 authorizing Joe B’s Bar & Grill to install a 4’ by 8’ double faced sign over the public right-of-way in front of 120 Third Avenue South (Proposal No. 98M-064U), all of which is more particularly described herein. The resolution was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Sloss moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Commission approved Amendment No. 1 to the resolution. Ms. Sontany offered Amendment No. 1 (repeal of term limits) which was approved by the Charter Revision Committee and moved for its adoption, which motion was seconded. After discussion, Mr. Hall called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt Amendment No. 1, which motion was adopted by a roll call vote of the Council. Ms. Sontany offered Amendment No. 2 (restructuring of Electric Power Board) which was disapproved by the Charter Revision Committee and moved for its adoption, which motion was seconded. After discussion, Mr. Crafton called for the previous question, which motion was seconded and adopted by a voice vote of the Council The matter recurred on the motion to adopt Amendment No 2, which motion failed by a roll call vote of the Council. Ms. Sontany offered Amendment No. 3 (referendum on tax levies) which was disapproved by the Charter Revision Committee and moved for its adoption, which motion was seconded and failed by a roll call vote of the Council. Ms. Sontany requested permission to withdraw Amendment No. 4 (revising term limits) which was disapproved by the Charter Revision Committee, which permission was granted without objection. Ms. Sontany offered Amendment No. 5 (compensation for school board members) which was disapproved by the Charter Revision Committee and moved for its adoption, which motion was seconded and failed by a roll call vote of the Council. Ms. Sontany moved to adopt the resolution with one amendment, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Harrison, Beehan, Campbell, Garrett, Wooden, Ponder, French, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Fentress, Lineweaver (32); "Noes" Nollner, Majors, Hart, Dillard, Jenkins (5); "Abstaining" Turner (1).
A resolution approving the official bonds of the Metropolitan Trustee. The resolution was approved by the Budget and Finance Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 $55,000 in Community Development Block Grant funds for architectural and construction services at the Northwest YMCA. 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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $200,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for Courthouse space renovation for the 8th Circuit Court, Project No. 98GS005, 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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 accepting a grant in the amount of $254,200 from the Tennessee Department of Health to the Metropolitan Government through the Department of Health for referral and case management services for alcohol and drug abuse treatment. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Holloway moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 approving letters of agreements 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 its departments and nonprofit agencies in the Metropolitan Davidson County area. 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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 ($48,654) from increased revenue sources to the Metropolitan Police Department for the Stop Violence Against Women continuation grant. The resolution was approved by the Budget and Finance Committee; the Public Safety-Beer, Wine and Whiskey Committee recommended withdrawal. Ms. Beehan requested permission to withdraw the resolution, which permission was granted by the unanimous vote of the Council.
A resolution appropriating funds ($43,632) from increased revenue sources to the Metropolitan Police Department for the Stop Violence Against Women continuation grant. The resolution was approved by the Budget and Finance Committee; the Public Safety-Beer, Wine and Whiskey Committee recommended withdrawal. Ms. Beehan requested permission to withdraw the resolution, which permission was granted by the unanimous vote of the Council.
A resolution accepting $8,137.07 in compromise and settlement of the Metropolitan Government's claim against 31W Insulation (NAPA). 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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 accepting $12,595.26 in compromise and settlement of the Metropolitan Government's claim against Grant Achephol. 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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 adding one (1) engineering firm to the master list of architects and engineers, which master list was approved by Resolution No. R94-1050, (Atlanta Testing & Engineering, Inc.). The resolution was approved by the Public Works Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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 -
An ordinance to amend Title 12 and Title 13 of the Metropolitan Code of Laws of Nashville and Davidson County to regulate the use of roller skates and in-line skates. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Public Safety-Beer, Wine and Whiskey and Traffic and Parking Committees by a voice vote of the Council.
An ordinance to amend Chapter 2.164 of the Metropolitan Code of Laws by adding a new Section 2.164.050 to authorize the Board of Hospitals to enter into contracts with other health care provider organizations or insurance providers to facilitate payment for hospital services. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.
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 Department of Codes Administration. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.
An ordinance approving the abandonment of a certain easement encumbering a portion of Parcel 273 on Tax Map 163 and the acceptance of a relocated, permanent easement on said property. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.
An ordinance authorizing the conveyance of certain property from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, Tennessee, for the use and benefit of the Greenways Commission of the Metropolitan Government (Tax Map 82-13, Parcels 394 and 395 and Tax Map 82-14, Parcel 93). 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 approving a grant from the State of Tennessee, Tennessee Department of Children's Services, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for the provision of Title IV-A Child Support Services. 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 approving a grant from the State of Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for the Vine Hill community collaborative project. 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 approving a drug control and systems improvement grant contract for the Metropolitan Police Department (Domestic Violence Division) with the State of Tennessee, Department of Finance and Administration and providing matching funds in the amount of $2,661. 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 drug control and systems improvement grant contract for the Metropolitan Police Department (Domestic Violence Division) with the State of Tennessee, Department of Finance and Administration and providing matching funds in the amount of $17,132. 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 drug control and systems improvement grant from the State of Tennessee, Department of Finance and Administration for the continuation of the Metropolitan Police Department's Millenium Linking Project and providing matching funds in the amount of $19,807. 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 lease agreement between the Metropolitan Government and Steve and Elaine Minton for lease of premises on Greer Road as a site for the construction and maintenance of an 800MHz emergency communications tower. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, 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 lease agreement between the Metropolitan Government and South Central Communications Corp. for lease of premises on Old Charlotte Road for use as a site for an 800MHz emergency communications tower. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Safety-Beer, Wine and Whiskey and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.
An ordinance authorizing the Metropolitan Mayor to enter into a water or sewer line agreement with the Nashville and Eastern Railroad Corporation allowing the Department of Water and Sewerage Services to construct and maintain water and sewer lines in the railroad right-of-way located west of Old Hickory Boulevard at Shute Late, on Project No. 94-SG-65 and authorizing approval of all future Nashville and Eastern Railroad Corporation license agreements by resolution. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
BILL NO. O97-953
An ordinance amending Section 3.08.010 of the Metropolitan Code relative to active military service credit permitted for employees of Metropolitan Government in determining credited service. The bill was approved by the Budget and Finance Committee; the Personnel-Public Information-Human Relations-Housing Committee recommended deferment. Mr. Holt moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to regulate temporary sidewalk encroachments by street vendors, signs and performers. 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 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 R10 Districts to RM6 District (Proposal No. 98Z-082U), property located between Anderson Road and New Smith Springs Road (unnumbered) (20.04 acres), 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.
An ordinance authorizing B. P. Oil Company to construct, install, and maintain an underground monitoring well in the south margin of Wedgewood Avenue, approximately 50 feet east of Eighth Avenue South, and in the west margin of Eighth Avenue South, approximately 50 feet north of Wedgewood Avenue (Proposal No. 98M-067U), 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 Public Works Committee recommended deferment. Mr. Douglas moved to suspend the rules to override the committee recommendation of deferment, which motion was seconded and adopted by a voice vote of the Council. Mr. Douglas moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council, with Mr. Hart abstaining.
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 1034 between the northwest corner of Parcel 99 on Map 70-8 and its eastern terminus (Proposal No. 98M-069U), 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 Public Works Committee recommended deferment. Mr. Black moved to suspend the rules to override the committee recommendation of deferment, which motion was seconded and adopted by a voice vote of the Council.. Mr. Black 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 Cumberland Alley between Eighth Avenue North and Ninth Avenue North (Proposal No. 98M-063U), all of which is more particularly described herein. The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, and Planning, Zoning, Historical and Port Authority Committees; the Traffic and Parking Committee recommended deferment. Mr. Sloss moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 1998-1999. The bill was approved by the Budget and Finance Committee. 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 amending Section 7.08.090 of the Metropolitan Code relative to location restrictions for restaurants selling beer on-premise. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Waters 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 Section 4.12.090 of the Metropolitan Code of Laws to authorize the purchasing agent to enter into purchasing or contracting cooperatives with other governmental agencies and authorities outside the jurisdictional boundaries of the State of Tennessee. The bill was approved by the Budget and Finance Committee. 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 use in a public project for The Metropolitan Government of Nashville and Davidson County, Tennessee, and specifically with relation to the construction of a new branch library in southern Davidson County. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees; the Parks, Library, Recreation and Auditorium Committee recommended indefinite deferment. Mr. Dillard moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the exchange of service areas between the Metropolitan Department of Water and Sewerage Services and the Nolensville/College Grove Utility District and authorizing the Metropolitan Mayor to execute the contract. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance accepting a grant from State of Tennessee, Department of Military, Tennessee Emergency Management Agency in the amount of $6,847,758.50 to The Metropolitan Government of Nashville and Davidson County for the provision of disaster assistance. The Budget and Finance, Public Works and Public Safety-Beer, Wine and Whiskey Committees recommended deferment of the bill. Ms. Beehan moved to defer action on the bill, upon the committees' recommendation, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD 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 R10 District to CL District (Proposal No. 98Z-035U), property located at 2130 Murfreesboro Pike, and a portion of property located at 2119 Murfreesboro Pike, approximately 1,200 feet south of Smith Springs Road, all of which is more particularly described herein. The bill was approved by the Planning Commission and the Planning, Zoning, Historical and Port Authority Committee. Ms. Sontany moved to defer action on the bill, the bill being requested by Batson & Associates, 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 R10 District to IWD District (Proposal No. 96Z-104U), property located at the southeast quadrant of Briley Parkway and Interstate 24, all of which is more particularly described herein. The bill was approved by the Planning Commission and the Planning, Zoning, Historical and Port Authority Committee. Ms. Sontany moved to defer action on the bill, the bill being requested by Travis Development Company, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 10.18.010 of the Metropolitan Code by deleting the provisions exempting space rented by Metropolitan Government to private tenants from the prohibition of smoking in Metropolitan buildings. The bill was approved by the Codes, Fair and Farmers Market and Planning, Zoning, Historical and Port Authority Committees; the Public Works Committee did not recommend the bill. Mr. Kleinfelter moved to pass the bill on third reading, which motion was seconded. Ms. Patton moved to defer the bill indefinitely, which motion was seconded and adopted by a roll call 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 RS7.5 District to ON District (Proposal No. 98Z-078U), property located at 400, 402, 406, 408, 410, 422 and 424 Spence Lane (4.68 acres), all of which is more particularly described herein. The Planning, Zoning, Historical and Port Authority Committee recommended deferment of the bill. Mr. Garrett, on behalf of the sponsor, moved to defer the bill, the bill being requested by Max Patton Real Estate, 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 R10 District to OR20 District (Proposal No. 98Z-097U), property located at 2708 and 2712 Old Elm Hill Pike, approximately 800 feet west of Donelson Pike (.88 acres), all of which is more particularly described herein. The bill was approved by the Planning Commission. The Planning, Zoning, Historical and Port Authority Committee recommended deferment of the bill. Mr. Garrett, on behalf of the sponsor, moved to defer the bill, the bill being requested by Ricky H. Huffines, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing McFarlin Woods, L.L.C. to participate with the Metropolitan Government for the planning, design and construction of the Nolensville Trunk Sewer, Project No. 98-SG-13. The Metropolitan Government agrees to accept an amount not to exceed $86,000.00 as a contribution in aid of construction by the said McFarlin Woods, L.L.C. (McFarlin Woods Subdivision). 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, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, 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. O98-1297
An 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. The bill was approved by the Codes, Fair and Farmers Market Committee; the Public Works Committee did not recommend the bill. Mr. Garrett moved to suspend the rules for consideration of an amendment on third reading, which motion was seconded and adopted without objection. Mr. Ferrell offered Amendment No. 3 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Garrett moved to pass the bill on third reading as amended, which motion was seconded. After discussion, Mr. Fentress called for the previous question, which motion was seconded and failed by a voice vote of the Council. After further discussion, Mr. Hall called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on Mr. Garrett’s motion to pass on third reading as amended, which motion failed by the following vote: "Ayes" Varallo, Steine, Ferrell, Waters, Patton, Black, Majors, Campbell, Dillard, Garrett, French, Douglas, Sloss, McCallister, Holt, Hollis, Alexander, Turner, Fentress, Lineweaver (20); "Noes" Armistead, Nollner, Harrison, Beehan, Hart, Wooden, Ponder, Graves, Clifton, Haddox, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins (17).
An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County and the Emergency Communications District for the 1998-99 fiscal year. The bill was approved by the Budget and Finance, Public Works and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0).
An ordinance authorizing the Metropolitan Government to accept a donation of $36,000.00 from Alan Erps. 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, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in Public Project No. 98-SG-52, Hillsboro Road at Old Hickory Boulevard sewer relocation. 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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0).
An ordinance authorizing the acceptance of a proposal to The Metropolitan Government of Nashville and Davidson County from the State of Tennessee, Department of Transportation relating to Project No. 19045-2228-04, improvement of the intersection of State Route 106 (Hillsboro Road) and State Route 254 (Old Hickory Boulevard), and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance of traffic signals and/or street lighting or other contracts and documents associated with this Project No. 19045-2228-04. The bill was approved by the Budget and Finance and Public Works Committees. 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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0).
An ordinance approving a grant from the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs to The Metropolitan Government of Nashville and Davidson County, acting through the State Trial Courts for the "Drug Docket: Justice and Therapy" Program. 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, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0).
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 Five Hundred Forty Four Thousand One Hundred and Seventy Four Dollars ($544,174.00) for the performance of general library services and library services for the physically handicapped and hearing impaired. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium 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, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0).
An ordinance approving a grant from the State of Tennessee, Tennessee Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for the provision of Title IV-D child support services. The bill was approved by the Budget and Finance 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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Holt, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.