Metro Seal

M I N U T E S

Metropolitan Council Meeting

Tuesday, October 20, 1998


The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilmember Phil Ponder.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver, and President West (40); Absent: (0).

The Minutes of the regular meeting of October 6, 1998 were approved.

Mr. French moved that at the time of adjournment the Council adjourn to Thursday, November 5, 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 Metropolitan Code of Laws Section 2.120, I hereby reappoint, subject to your confirmation, as a member of the Charter Revision Commission, the following eligible, qualified person:

Mr. Randy Kennedy, 4207 Lebanon Road, Hermitage, TN 37076.

This appointment will expire September 4, 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 Metropolitan Code of Laws Section 2.120, I hereby reappoint, subject to your confirmation, as a member of the Charter Revision Commission, the following eligible, qualified person:

Mr. Michael Moore, 715 Cantrell Avenue, Nashville, TN 37215.

This appointment will expire September 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. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the reappointments of Messers. Kennedy and Moore to the Charter Revision Commission. Mr. French 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 12.01 of the Metropolitan Charter, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Civil Service Commission, the following eligible and qualified person:

Mr. Thomas Bryant, 898 Forest Acres Drive, Nashville, TN 37220.

Mr. Bryant will fill the vacancy left by Karen Saul’s recent resignation. This term will expire on March 31, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Mr. Bryant to the Civil Service Commission. Mr. French 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 6.08.040 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Community Access Television Special Committee, the following eligible and qualified person:

Mr. Si Deane, 5541 Traceside Drive, Nashville, TN 37221.

Mr. Deane will fill the vacancy left by Mike Kettenring’s recent resignation. His term will expire on March 1, 2000.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Mr. Deane to the Community Access Television Special Committee. Mr. French 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 appoint, subject to your confirmation, as a member of the Convention Center Commission, the following eligible and qualified person:

Mr. Mark North, 1215 Gallatin Pike South, Madison, TN 37115.

Mr. North will fill the vacancy left by Tony Iannacio’s resignation. This term will expire on June 7, 2000.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Mr. North to the Convention Center Commission. Mr. French 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 11.701 of the Metropolitan Charter I hereby appoint, subject to your confirmation, as a member of the Farmers Market Board, the following eligible and qualified person:

Ms. Kathy Dozier, 1307 Tyne Boulevard, Nashville, TN 37215.

Ms. Dozier will fill the vacancy created by Steve Turner’s recent resignation. This term will expire on December 19, 1999.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Ms. Dozier to the Farmers Market Board. Mr. French 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 2.128.030 of the Metropolitan Code, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Historical Commission, the following eligible and qualified person:

Mr. George Cate, Jr., 95 White Bridge Rd, Suite 503, Nashville, TN 37205.

This term will expire on August 10, 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 2.128.030 of the Metropolitan Code, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Historical Commission, the following eligible and qualified person:

Ms. Jane Gaither, 135 37th Avenue North, Nashville, TN 37209.

This term will expire on August 10, 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 2.128.030 of the Metropolitan Code, I hereby reappoint, subject to your confirmation, as a member of the Metropolitan Historical Commission, the following eligible and qualified person:

Ms. Ann Roos, 2507 Ridgewood Drive, Nashville, TN 37215.

This term will expire on August 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. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointments of Mr. Cate and Ms. Gaither and the reappointment of Ms. Roos to the Metropolitan Historical Commission. Mr. French moved to confirm the appointments, which motion was seconded and adopted by a unanimous vote of the Council.


- BILL ON PUBLIC HEARING -

BILL NO. O98-1396

An ordinance approving the acceptance of a law enforcement block grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting through the Department of Metropolitan Police for the benefit the Department of Police, the Office of the District Attorney General, the Sheriff’s Office, Metropolitan Public Schools, Criminal Court, Juvenile Court, Public Defender, the Justice Information Systems, and the Council of Community Services, and approving matching funds therefor. The bill was approved by the Budget and Finance Committee with an amendment and by the Public Safety-Beer, Wine and Whiskey Committees. Mr. Fentress requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Fentress offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Fentress moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. R98-1289

A resolution authorizing the Director of Public Property to exercise an option to purchase real property (Map 164, Parcel 254 - Hobson Pike) on which to construct a new middle school. The resolution was approved by the Planning Commission, Budget & Finance, Education and Planning, Zoning, Historical and Port Authority 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1304

A resolution welcoming the Nashville Noise to the City of Nashville. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Ms. Sontany 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1305

A resolution requesting the Mayor and the Director of Finance to recommend to the Metropolitan Council a funding source in the amount of $56,000 to allow for a 1% salary increase for employees of the Metropolitan Action Commission. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Dillard, Wooden, Ponder, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (34); "Noes" Armistead, Hart, French, Fentress (4); "Abstaining" Garrett (1).

RESOLUTION NO. R98-1306

A resolution requesting the Metropolitan Board of Public Education to name one of the proposed new schools after William Henry Oliver. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Varallo 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1307

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and have enacted legislation amending Chapter 4 of Title 7 of the Tennessee Code Annotated to permit an increase of the tourism accommodation tax of an additional 1% to be allocated for direct promotion of tourism. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Fentress 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, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0); "Abstaining" Garrett (1).

RESOLUTION NO. R98-1308

A resolution appropriating $110,000 in Community Development Block Grant funds for the purpose of constructing a mini-park and installing neighborhood watch signs within the Hope Gardens Bicentennial Neighborhood. The resolution was approved by the Federal Grants Review Committee. Mr. Haddox 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1309

A resolution appropriating $53,000 in Community Development Block Grant funds for architectural and construction related services for a new Boys and Girls Club center in North Nashville. The resolution was approved by the Federal Grants Review Committee. Mr. Sloss moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1310

A resolution approving a grant for $1,505,000.00 from the State of Tennessee, Department of Health, to the Metropolitan Government, through the Metropolitan Health Department to fund the WIC Nutrition Education Center at the Lentz Primary Care Center. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Fentress 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1311

A resolution approving an amendment to a grant agreement by and between the State of Tennessee, Department of Environment and Conservation, and The Metropolitan Government of Nashville and Davidson County for providing assistance in developing a permanent site for the collection of household hazardous waste. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Fentress 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1312

A resolution approving a contract of employment by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Employee Benefit Board, and James D. Luther. The resolution was approved by the Budget and Finance Committee; the Personnel-Public Information-Human Relations-Housing Committee recommended deferment. Mr. Fentress moved to defer action on the resolution, upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R98-1313

A resolution accepting $5,945.00 in compromise and settlement of the Metropolitan Government's claim against Ambulance Service, Inc. The resolution was approved by the Budget and Finance Committee. Mr. Fentress 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1314

A resolution accepting $6,525.00 in compromise and settlement of the Metropolitan Government's claim against Freda K. Crump. The resolution was approved by the Budget and Finance Committee. Mr. Fentress 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

RESOLUTION NO. R98-1315

A resolution adding the engineering firm of Black & Veatch LLP to the master list of architects and engineers, which master list was approved by Resolution No. R94-1050. The resolution was approved by the Public Works Committee. Mr. Fentress 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. O98-1421

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County which shall be the official maps for the identification of real estate for tax assessment purposes. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council.

BILL NO. O98-1422

An ordinance approving a drug control and systems improvement grant contract for the Metropolitan Office of the Public Defender (Women’s Center Outpatient Treatment Program) with the State of Tennessee, Department of Finance and Administration and accepting a donation from Cumberland Heights in the amount of $35,536.00. 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.

BILL NO. O98-1423

An ordinance approving a drug control and systems improvement grant contract for the Metropolitan Office of the Public Defender (Mentally Ill Chemical Abuser Program) with the State of Tennessee, Department of Finance and Administration and providing matching funds in the amount of $15,000.00. 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.

BILL NO. O98-1424

An ordinance approving a drug control and systems improvement grant contract for the Metropolitan Office of the Public Defender (The Women’s Center Program) with the State of Tennessee, Department of Finance and Administration and providing matching funds in the amount of $10,521.00. 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.

BILL NO. O98-1425

An ordinance accepting the donation of four (4) walk-through metal detectors and three (3) hand held wands from Service Merchandise Company, Inc. for 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.

- BILLS ON SECOND READING -

BILL NO. O98-1218

An ordinance amending Section 15.64.020 of the Metropolitan Code by prohibiting the Director of Public Works from enforcing the new flood protection elevation determination until the study by the Corps of Engineers becomes effective. Mr. Dale requested permission to withdraw the resolution, which permission was granted by the unanimous vote of the Council.

BILL NO. O98-1229

An ordinance to amend Title 17 of The Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to RS10 District (Proposal No. 98Z-076G), property located at 13862 Old Hickory Boulevard (111.10 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. Mr. Alexander moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1323

An ordinance to amend Title 17 of the Metropolitan Code of Laws by amending Sections 17.24.150, 17.24.160, 17.24.230 and 17.24.240, all of which is more particularly described herein. The bill was disapproved by the Planning Commission; the Planning, Zoning, Historical and Port Authority Committee recommended deferment. Mr. Steine moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1352

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. Mr. Ponder offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. SO98-1352

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. The bill was approved by the Traffic and Parking Commission, Public Works and Traffic and Parking and Public Safety-Beer, Wine and Whiskey Committees. Mr. Ponder moved to pass the substitute bill on second reading which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1368

An ordinance amending Title 2, Chapter 44 of the Metropolitan Code of Laws by adding a new Section 2.44.210 authorizing the Metropolitan Police Department to contract with private entities to provide on-duty police officers and police vehicles during certain events or activities. The Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees recommended deferment of the bill. Mr. Hollis moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1370

An ordinance amending Section 10.20.300 of the Metropolitan Code by limiting the hours of solid waste collection in the CF zone district. The Public Works Committee recommended deferment of the bill. Mr. Sloss moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1382

An ordinance amending Section 15.64.180 of the Metropolitan Code changing minimum floor elevation for structures intended for human occupancy. Mr. Dale requested permission to withdraw the bill, which permission was granted the unanimous vote of the Council.

BILL NO. O98-1389

An ordinance amending Title 10, Chapter 20 regulating the collection and disposal of solid waste from non-commercial pick up trucks and passenger vehicles. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Majors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1390

An ordinance approving the transfer of certain properties held by The Metropolitan Government of Nashville and Davidson County, Tennessee, to the Metropolitan Development and Housing Agency for use for the Stadium Project (Map 93-2, Parcels 67, 68, 86, 87, 103, 104, 105 and 112). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees with an amendment. Ms. Beehan offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Beehan moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1391

An ordinance abandoning a portion of sewer easement encumbering Lot 3 Whitworth Subdivison, Project Numbers 86-SS and 80-SC-87D, and authorizing the Director of Public Property to execute the necessary documents pertaining thereto (Proposal No. 98M-009U). The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Kleinfelter moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1392

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-168D, Lewis Street CSO Separation. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Nollner moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1393

An ordinance authorizing the Metropolitan Mayor to enter into a Water or Sewer Line Agreement with CSX Transportation allowing the Department of Water and Sewerage Services to construct and maintain water and sewer lines in the railroad right-of-way located at Charlotte Pike overpass near Park Plaza, on Project No. 96-WG-87, and authorizing approval of all future CSX transportation license agreements by resolution. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Nollner moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1394

An ordinance accepting the donation of the sum of $1,650.00 from Riverwood Neighborhood Alliance, Inc., for the Police Department to purchase a computer for the Police School Services Division at Stratford High School. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees with an amendment. Mr. Fentress offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Fentress moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1395

An ordinance accepting the donation of twenty-one computers from Saint Thomas Health Services for the Police Department for the use of the Police School Services Division. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Fentress moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1397

An ordinance approving a grant from the U.S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the Gang Resistance Education and Training program. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Fentress moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1398

An ordinance approving a drug control and systems improvement grant contract for the Metropolitan Sheriff’s Office (domestic/family violence intervention project) with the State of Tennessee, Department of Finance and Administration and providing matching funds in the amount of $11,312.00. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Fentress moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1399

An ordinance approving a grant contract from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department for the provision of services to victims of violent crimes. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Fentress moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1400

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 Old Tulip Grove Road, north of Chandler Road, (Proposal No. 98M-090G), all of which is more particularly described herein. The Planning Commission and Traffic and Parking Commission approved the bill. The Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees recommended deferment of the bill. Mr. Wooden offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wooden moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1401

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, to close a portion of Burtonwood Drive, located at the terminus of Shys Hill Road, (Proposal No. 98M-098U), 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. Turner offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Turner moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1402

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 2070 between Alley 2069 and its eastern terminus, (Proposal No. 98M-096U), 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. Waters 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. O98-1204

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 Planning, Zoning, Historical and Port Authority Committee. Ms. Sontany 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

BILL NO. O98-1250

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. Mr. Dale moved that the Council act as the Committee of the Whole and recommend passage of the bill, which motion was seconded and adopted without objection. Mr. Dale 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

BILL NO. O98-1312

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 CS District property located at 104 Donelson Pike, 175 feet south of Lebanon Pike (4.4 acres), (Proposal No. 98Z-116U), 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. Dale 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

BILL NO. O98-1321

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Code of The Metropolitan Government of Nashville and Davidson County, all of which is more particularly described herein. Mr. Waters moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1333

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 canceling a Planned Unit Development District abutting the south margin of Old Hickory Boulevard and the east margin of Cedarmont Drive (1.54 acres), (Proposal No. 209-72-G), 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. Alexander 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, Stanley, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0); "Abstaining" Dale (1).

BILL NO. O98-1334

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 CL District property located on Old Hickory Boulevard (unnumbered), approximately 200 feet east of Cedarmont Drive (.29 acres), (Proposal No. 98Z-128U), all of which is more particularly described herein. Mr. Alexander 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, Stanley, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0); "Abstaining" Dale (1).

BILL NO. O98-1345

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 properties located at 407 and 411 Brewer Drive, approximately 200 feet west of Nolensville Pike (1.9 acres), (Proposal No. 98Z-118U), all of which is more particularly described herein. Mr. Hollis moved to defer action on the bill and re-refer the bill to the Planning, Zoning, Historical and Port Authority Committee, the bill being requested by Tusculum Lanes, L.P., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1381

An ordinance amending Section 10.18.010 of the Metropolitan Code to prohibit smoking in the stadium bowl. The bill was approved by the Public Works, Codes, Fair and Farmers Market and Health, Hospitals and Social Services Committees. Mr. Ferrell 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

BILL NO. O98-1383

An ordinance approving a contract by and between The Metropolitan Government of Nashville and Davidson County and the Pennington Bend Tourist Development Commission for the promotion of tourism and tourist related activities in the Pennington Bend area. The bill was approved by the Budget and Finance Committee. 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, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

BILL NO. O98-1384

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with the State of Tennessee, Department of Transportation, for enhancement of the Andrew Jackson Aquifer. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Majors 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

BILL NO. O98-1385

An ordinance readopting the code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Book Publishing Company, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before July 1998. The bill was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Majors 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

BILL NO. O98-1386

An ordinance amending Section 4.32.060 of the Metropolitan Code of Laws by eliminating the requirement that the sale or disposition of surplus personal property with a fair market value over $5,000 needs the approval by resolution of the Metropolitan Council. The bill was approved by the Budget and Finance Committee. Mr. Garrett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

BILL NO. O98-1387

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning, vacating and conveying to adjoining property owners certain property shown on Tax Map 105-6, 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 with an amendment. Mr. Douglas offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Douglas moved to pass the bill on third reading as amended, 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, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Fentress, Lineweaver (39); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned to Thursday, November 5, 1998 at 7:00 p.m.