M I N U T E S
Metropolitan Council Meeting
Tuesday, February 16, 1999
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M I N U T E S Metropolitan Council Meeting Tuesday, February 16, 1999 |
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 Earl Campbell.
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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver, and President West (37); Absent: Nollner, Crafton, Arriola, Fentress (4).
The Minutes of the regular meeting of February 2, 1999 were approved.
- ELECTIONS AND CONFIRMATIONS -
The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201
Dear Vice Mayor West and Members of the Council:
Pursuant to Section 2.112.020 of the Metropolitan Code, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Nashville Arts Commission, the following eligible, qualified person:
Ms. Colleen Dowd, 987 Greerland Drive, Nashville TN 37204.
This term will expire on January 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. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Ms. Dowd to the Metropolitan Nashville Arts Commission. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201
Dear Members of the Council:
Pursuant to Metropolitan Charter Section 11.101.1 and Metropolitan Code of Laws Section 2.84, I hereby appoint, subject to your confirmation, as a member of the Gas/Mechanical Examiners and Appeals Board, the following eligible, qualified person:
Mr. Don Franklin, P.O. Box 100258, Nashville TN 37224.
Mr. Franklin will serve as a heating-air conditioning contractor on the board as required by the Metropolitan Code. His appointment will expire August 21, 2002.
Your earnest and prompt consideration of this appointment is appreciated.
Respectfully submitted,
/s/ Jay West
Vice Mayor and President
Metropolitan Council
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. Franklin to the Gas/Mechanical Examiners and Appeals 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 10.202 of the Metropolitan Charter, I hereby appoint, subject to your confirmation, as a member of the Board of Hospitals, the following eligible, qualified person:
Dr. Fred Allison, 418 Fairfax Avenue, Nashville TN 37212.
This term will expire on January 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. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Dr. Allison to the Board of Hospitals. 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 2.88.020 of the Metropolitan Code, I hereby appoint, subject to your confirmation, as a member of the Board of Housing Code Appeals, the following eligible, qualified person:
Ms. Nell McKerley, 584 Hillcreek Drive, Nashville TN 37211.
Ms. McKerley will complete Mr. Ligon’s unexpired term, which ends July 29, 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 Ms. McKerley to the Board of Housing Code Appeals. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.
The President announced that an election would be held at this time to fill a term on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. Nomination previously made was: George R. McReynolds. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported the Committee had interviewed and recommended the election of Mr. McReynolds. Mr. Garrett moved that the Council elect Mr. McReynolds for a term expiring September 30, 2004, which motion was seconded and adopted by a unanimous vote of the Council.
Without objection the rules were suspended for consideration of a late resolution.
A resolution electing Mr. George R. McReynolds to the Board of Directors of the Health and Educational Facilities Board of the Metropolitan Government of Nashville and Davidson County, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Garrett moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
The President called for nominations to fill a six-year term on the Health and Educational Facilities Board of the Metropolitan Government. The nomination of Mr. Al Bodie, 2921 Chapelwood Drive, Hermitage TN 37076, was offered by Mr. Ponder, pursuant to the Council Rules of Procedure. There being no further nominations, the matter was referred to the Rules-Confirmations-Public Elections-Aviation Committee for a recommendation and an election will be conducted at the next regular meeting of the Council.
- RESOLUTIONS -
A resolution establishing operational budget goals to be achieved by the Department of Water and Sewerage Services in FY 2001-02 and FY 2003-04, requesting that the Metropolitan Mayor employ a qualified firm to assist the Department of Water and Sewerage Services in the reengineering effort necessary to achieve these budget goals, and establishing an ad hoc Water Rate Oversight Committee of the Metropolitan Council to monitor the reengineering effort of the Department. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Majors moved to adopt the resolution, which motion was seconded. After discussion, Mr. Hall called for the previous question which motion failed by a roll call vote. After further discussion, the matter recurred on the motion to adopt the resolution, which motion was adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Lineweaver (34); "Noes" Ponder, Turner (2).
A resolution authorizing 184 Second Avenue North, L.P. to install, construct and maintain a sign for The Beer Sellar measuring 4’ 10" in height projecting 6 feet over the sidewalk at 107 Church Street, east of Second Avenue North, (Proposal No. 98M-131U), all of which is more particularly described herein. The resolution was approved by the Planning Commission; the Public Works and Planning, Zoning, Historical and Port Authority Committees recommended deferment. Mr. Sloss moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution creating the Hospital Authority of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment of the resolution. Mr. Steine moved to defer action on the resolution to the special called meeting of the Council on March 2, 1999, which motion was seconded and adopted by a voice vote of the Council.
A resolution appointing the Board of Trustees of the Hospital Authority of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment of the resolution. Mr. Steine moved to defer action on the resolution to the special called meeting of the Council on March 2, 1999, which motion was seconded and adopted by a voice vote of the Council.
RESOLUTION NO. R99-1413
A resolution authorizing the Metropolitan Mayor to execute any and all documents between The Metropolitan Government of Nashville and Davidson County and the Hospital Authority of The Metropolitan Government of Nashville and Davidson County regarding the transfer and assumption of all properties, functions and obligations of Metropolitan Nashville General Hospital and Bordeaux Hospital to the Hospital Authority of The Metropolitan Government of Nashville and Davidson County; requiring the Hospital Authority to maintain the same civil service status and employee benefits for all Hospital Authority employees currently enjoyed by employees of Metropolitan Nashville General Hospital and Bordeaux Hospital; requiring the Hospital Authority to provide injured on duty medical care to all employees of The Metropolitan Government of Nashville and Davidson County and medical care to inmates incarcerated in Davidson County for whom the Metropolitan Government must provide hospitalization. Mr. Steine offered a substitute resolution and moved that it accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. SR99-1413
A substitute resolution authorizing the Metropolitan Mayor to execute any and all documents between The Metropolitan Government of Nashville and Davidson County and the Hospital Authority of The Metropolitan Government of Nashville and Davidson County regarding the transfer and assumption of all properties, functions and obligations of Metropolitan Nashville General Hospital and Bordeaux Hospital to the Hospital Authority of The Metropolitan Government of Nashville and Davidson County; requiring the Hospital Authority to maintain the same civil service status and employee benefits for all Hospital Authority employees currently enjoyed by employees of Metropolitan Nashville General Hospital and Bordeaux Hospital; requiring the Hospital Authority to provide injured on duty medical care to all employees of The Metropolitan Government of Nashville and Davidson County and medical care to inmates incarcerated in Davidson County for whom the Metropolitan Government must provide hospitalization; and requiring Metropolitan Council approval of any Hospital Authority contract that would require Metropolitan Council approval under Section 4.12.095 of the Metropolitan Code of Laws. The substitute resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Mr. Steine moved to defer action on the resolution to the special called meeting of the Council on March 2, 1999,which motion was seconded and adopted by a voice vote of the Council.
A resolution approving the appointment of Ms. Karan Howard to the Metropolitan Nashville Port Authority. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. French moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution requesting the Metropolitan Board of Public Education to consider the adoption of a dress code for students in the public school system. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Varallo moved to adopt the resolution, which motion was seconded. After discussion, Mr. Jenkins called for the previous question which motion was seconded and adopted without objection. The matter recurred on the motion to adopt the resolution, which motion was adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Johns, Sontany, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (32); "Noes" Kleinfelter (1); "Abstaining" Patton (1).
A resolution requesting the Metropolitan Board of Public Education to reinstate the Cooperative Education Program. 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution requesting the Animal Control facility for the Metropolitan Government to open for business on Saturdays. 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution adopting a revised pay scale for inspectors, operators-judges, precinct registrars, assistant registrars and officers of elections. The resolution was approved by the Budget and Finance and Rules-Confirmations-Public Elections-Aviation Committees. Mr. Garrett moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution approving an appropriation from The Metropolitan Government of Nashville and Davidson County to the Nashville Drug Court Support Foundation, Inc. for drug treatment and education. The resolution was approved by the Budget and Finance Committee. Mr. Garrett moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution ratifying an agreement with the Treasury Department of the State of Tennessee in order to deposit local funds for construction of SR-1 (Harding Rd.) at Harding Place Intersection project in the Local Government Investment Pool (Utility Contract No. 5313). The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Garrett moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution accepting $25,000.00 in compromise and settlement of the Metropolitan Government's claim against Huddleston Oil Company. The resolution was approved by the Budget and Finance Committee. Mr. Garrett moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution authorizing Real Entertainment Ventures, Inc. to install, construct and maintain four (4) decorative signs measuring 4’ 6" X 4’ 0" encroaching 4' 6" over the public sidewalk at a height of 10' above the sidewalk for the Wildhorse Saloon located at 120 Second Avenue North, (Proposal No. 99M-001U), 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Sloss moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution authorizing Opryland Hospitality, Inc. to install, construct and maintain a sign measuring 5’ 5" x 15’ 5" and encroaching 5’ 5" over the sidewalk at a height of 12 feet above the sidewalk at 139 Second Avenue North, (Proposal No. 99M-013U), 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
A resolution authorizing Morton’s The Steakhouse to install, construct and maintain an awning at 618 Church Street measuring 9’ 8" x 4’ 3" encroaching 4’ 3" over the public sidewalk at a height of 9’ 0" above the sidewalk, (Proposal No. 99M-019U), 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
Without objection the rules were suspended for consideration of a late resolution.
A resolution honoring Mrs. Lillian Cliff on the occasion of her 104th birthday. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Dillard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by accepting the dedication of a portion of Briley Park Boulevard South, between Brick Church Lane and Brick Church Pike, located on Tax Map 50, (Proposal No. 99M-023U), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees 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 renaming Ruskin Avenue between Tanglewood Drive and Brush Hill Road (south of Briley Parkway) to "Ruskin Court", (Proposal No. 99M-006U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the E-991 Board, Public Works and Planning, Zoning, Historical and Port Authority Committees 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 naming an unnamed right-of-way that intersects with Dickerson Pike, north of Mulberry Downs Circle and south of Due West Avenue North to "Barnett Drive", (Proposal No. 99M-012U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the E-991 Board, Public Works and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.
An ordinance to amend Title 17 of The Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of the Second Avenue North Historic Preservation District, an area measuring 34 feet by 22 feet for the Hard Rock Cafè property located at 108 Second Avenue North, at the corner of First Avenue North and Broadway (.02 acres), (Proposal No. 99Z-018U), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.
An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Career Advancement Center and Metropolitan Development and Housing Agency. 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 memorandum of understanding between the Metropolitan Police Department of The Metropolitan Government of Nashville and Davidson County and the Veterans Affairs Medical Center for providing support. 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 -
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 to RM9 district (22 acres) property located at 5683 Cane Ridge Road and a portion of property located at Cane Ridge Road (unnumbered), and from AR2a to RS10 district (140 acres) properties located at Cane Ridge Road (unnumbered), 5741 Cane Ridge Road and a portion of property located at Cane Ridge Road (unnumbered), approximately 1,900 feet south of Old Franklin Road (161.47 acres), (Proposal No. 98Z-190G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and deferred by the Planning, Zoning, Historical and Port Authority Committee. Mr. Alexander moved to defer action indefinitely on the bill until more information is provided by the developer, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O98-1482
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 property abutting the west margin of Cane Ridge Road about 1,900 feet south of Old Franklin Road, the provisions of the Planned Unit Development District, classified within the AR2a District and proposed for RS10 (140 acres) and RM9 (22 acres), (Proposal No. 98P-008G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and deferred by the Planning, Zoning, Historical and Port Authority Committee. Mr. Alexander asked permission to withdraw the bill at the request of the neighborhood, the bill being requested by Dale and Associates, which permission was granted by the unanimous vote of the Council.
An ordinance amending Section 4.04.020 of the Metropolitan Code of Laws regarding procurements by the Hospital Authority of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Ferrell moved to pass the bill on second reading to the special called meeting of the Council on March 2, 1999, and re-refer it to the Health, Hospitals and Social Services Committee, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. O99-1529
An ordinance to approve an amendment of the Section 218 Social Security Coverage Agreement between the Metropolitan Government and the Tennessee Old Age and Survivors Insurance Agency in order to exclude services performed by a student in the employ of a school, who is enrolled and regularly attends classes at such school. The bill was approved by the Budget and Finance and Education Committee. Mr. Ferrell offered a substitute bill and moved that it be accepted for filing and no objection was made.
A substitute ordinance to approve an amendment of the Section 218 Social Security Coverage Agreement between the Metropolitan Government and the Tennessee Old Age and Survivors Insurance Agency in order to exclude services performed by a student in the employ of a school, who is enrolled and regularly attends classes at such school. Mr. Garrett moved to pass the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 2.44.030 of the Metropolitan Code authorizing the Chief of Police of the Metropolitan Police Department to enter into contracts with individual police recruits which will permit the Metropolitan Government to recoup some of the monetary expenditures used in training police recruits should the police recruit refuse employment with the Metropolitan Police Department or leave the Metropolitan Police Department in the first three years of the recruits employment. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Garrett 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 15.32.190C of the Metropolitan Code of Laws by modifying specific provisions as noted in this ordinance. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Garrett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing Fox Ridge Homes to participate with the Metropolitan Government, Department of Water and Sewerage Services, for the construction of Project No. 98-SG-181. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Ponder moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Development Ventures, LLC to participate with the Metropolitan Government, Department of Water and Sewerage Services, for the construction of Project No. 98-SG-181. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Ponder moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
BILL NO. O98-1208
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 Health, Hospitals and Social Services, Codes, Fair and Farmers Market and Planning, Zoning, Historical and Port Authority Committees. The bill was not recommended by the Public Works Committee. Mr. Kleinfelter moved to pass the bill on third reading, which motion was seconded and failed by the following vote: "Ayes" Varallo, Ferrell, Harrison, Beehan, Dillard, Wooden, Ponder, Stanley, Dale, Clifton, Johns, Kleinfelter, Sontany, Holloway, Jenkins, Turner (16); "Noes" Patton, Black, Hart, French, Douglas, Hand, Hollis, Lineweaver (8); "Abstaining" Waters, Majors, Campbell, Garrett, Graves, Sloss, Haddox, McCallister (8).
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 RM9 District property located at 2228 Old Hickory Boulevard, on the northeast margin of Amalie Drive and Old Hickory Boulevard (5.13 acres), (Proposal No. 98Z-173U), 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 recommended deferment. Mr. Hollis moved to defer action on the bill, the bill being requested by Wilson Stevenson, and re-refer the bill to the Planning, Zoning, Historical and Port Authority Committee, 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 R40 District to OR40 District properties located at 694 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), at the southern terminus of Trousdale Drive (40.5 acres), (Proposal No. 98Z-176U), 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. Jenkins moved to defer action on the bill for continuing negotiation of certain issues, the bill being requested by Ragan-Smith 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 making applicable to property abutting the north margin of Old Hickory Boulevard opposite Cloverland Drive (40.5 acres), the provisions of the Planned Unit Development District, classified within the R40 District and proposed for OR40, (Proposal No. 98P-007U), 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. Jenkins moved to defer action on the bill for continuing negotiation of certain issues, the bill being requested by Ragan-Smith Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 15 of the Metropolitan Code of Laws reducing water and sewer rates, all as more fully described herein, effective May 1, 1999. 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Lineweaver (34); "Noes" Ponder (1); "Abstaining" Turner (1).
An ordinance to amend Title 6, Chapter 6.54 of the Metropolitan Code of Laws concerning sexually oriented businesses. The substitute bill was approved by the Health, Hospitals and Social Services, Codes, Fair and Farmers Market; and Public Safety-Beer, Wine and Whiskey Committees. Mr. Ferrell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ferrell moved to pass the substitute bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
An ordinance amending the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, Tennessee, by accepting the dedication of Heath Road. The bill was disapproved by the Planning Commission and approved by the Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded. Mr. Lineweaver moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a contract between the Vanderbilt University School of Nursing and The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Hospitals to permit student nurses to serve an internship at Metropolitan Nashville General Hospital. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Haddox 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
An ordinance authorizing the conveyance of certain property located at 117 Charles E. Davis Boulevard (Pruitt Library) to The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 93-16, Parcel 19). 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. Sloss 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
An ordinance approving the assignment of a fiber optic telecommunications system to NEXTLINK Tennessee, Inc. 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
An ordinance authorizing the Metropolitan Mayor to execute an agreement permitting the privately funded construction of an indoor tennis facility at the Sportsplex. 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. 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
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 October 1998. The bill was approved by the Rules-Confirmations-Public Elections-Aviation Committee. 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by naming an old section of Donelson Pike as "Old Donelson Pike" between Old Elm Hill Pike and Nodyne Drive west of Donelson Pike, (Proposal No. 98M-125U), all of which is more particularly described herein. The bill was approved by the Planning Commission, E-911 Board, Public Works and Planning, Zoning, Historical and Port Authority Committees. 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming 37th Avenue North between Clare Avenue and Batavia Street to "T. S. Jackson Avenue", (Proposal No. 99M-008U), all of which is more particularly described herein. The bill was approved by the Planning Commission, E-911 Board, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. McCallister 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by accepting the dedication of a portion of Camilla Caldwell Lane located on Tax Map 80, Parcel 35, 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. 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, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Johns, Kleinfelter, Sontany, Hall, Holloway, Hollis, Alexander, Jenkins, Turner, Lineweaver (36); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for Hermitage Connector Road off Dodson Chapel Road, Project No. 97-R-13. The bill was approved by the Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Ponder moved to defer action on third reading for a Planning Commission recommendation, which motion was seconded and adopted by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.