Metro Seal

M I N U T E S

Metropolitan Council Meeting

Tuesday, March 16, 1999


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

The invocation was offered by Councilmember Ron Nollner.

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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver, and President West (39); Absent: Campbell, Alexander (2).

The Minutes of the regular and special meetings of March 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 2.108.020 of the Metropolitan Code of Laws, I hereby reappoint, subject to your confirmation, as a member of the Metropolitan Action Commission, the following eligible, qualified person:

Mr. Robert McNeilly, Jr., 4323 Glen Eden Drive, Nashville, TN 37205.

Mr. McNeilly will continue to serve as a business representative on the commission and his term will expire March 17, 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 reappointment of Mr. McNeilly to the Metropolitan Action 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 Metropolitan Code Section 6.08.220, I hereby appoint, subject to your confirmation, as a member of the Community Access Television Corporation Board, the following eligible, qualified person:

Ms. Renata Soto, 3323 Acklen Avenue, Nashville TN 37212.

This appointment will expire October 10, 2001.

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. Soto to the Community Access Television Corporation 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 Resolution No. R90-1136, I hereby reappoint, subject to your confirmation, as a member of the Community Corrections Advisory Board, the following eligible, qualified person:

Ms. Mary Vowels, 709 Wagon Drive, Nashville TN 37221

Ms. Vowels will continue to serve as a community representative of the board as required by the resolution. This appointment will expire January 15, 2001.

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 reappointment of Ms. Vowels to the Community Corrections Advisory 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 Metropolitan Code Section 2.156.020, I hereby reappoint, subject to your confirmation, as a member of the Emergency Communications District Board, the following eligible, qualified person:

Ms. Cleo Duckworth, 5304 Hickory Park Drive, Antioch TN 37013.

Her term will expire February 14, 2003.

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 Section 2.156.020, I hereby reappoint, subject to your confirmation, as a member of the Emergency Communications District Board, the following eligible, qualified person:

Mr. Bill Johnson, 705 Rowan Drive, Nashville TN 37207.

His term will expire February 14, 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 reappointments of Mr. Johnson and Ms. Duckworth to the Emergency Communications District Board. Mr. French moved to confirm the appointments, 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. Bill Eatherly, 3136 Edgemont Drive, Nashville TN 37214.

Mr. Eatherly will serve on the board as a representative of the gas industry, as required by the Metropolitan Code. His appointment will expire August 21, 2003.

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. Eatherly 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.

- RESOLUTIONS-

 

RESOLUTION NO. R99-1405

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 and Public Works Committee; the Planning, Zoning, Historical and Port Authority Committee recommended deferment. Mr. Sloss 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. 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1453

A resolution proclaiming April 1999 as Child Abuse Prevention Month. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1454

A resolution requesting the Fair Board to remove the parking charge imposed for the Flea Market at the Tennessee State Fairgrounds. The Rules-Confirmations-Public Elections-Aviation Committee recommended deferment of the resolution. Ms. Beehan moved to defer the resolution in the absence of the sponsor, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1455

A resolution requesting the Interim Director of the Department of Public Works to determine the feasibility of in-house infrastructure improvements. 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, Nollner, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1456

A resolution requesting the Interim Director of the Department of Public Works to determine the feasibility of numbering of traffic signalizations on major thoroughfares. The Rules-Confirmations-Public Elections-Aviation Committee approved the resolution with an amendment. Mr. Dillard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dillard 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, Nollner, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1457

A resolution requesting the Mayor to provide funding in the 1999-2000 operating budget for warning sirens within the area of the urban services district. The Rules-Confirmations-Public Elections-Aviation Committee approved the resolution with an amendment. Mr. Harrison offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. SR99-1457

A substitute resolution requesting the Mayor to provide funding in the 1999-2000 operating budget for warning sirens within high-density areas throughout the county with emphasis placed on downtown, parks and highly populated areas. Mr. Harrison moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1458

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to have enacted necessary provisions to permit the removal of the local option sales tax on groceries. The Rules-Confirmations-Public Elections-Aviation Committee recommended deferment of the resolution. Mr. Sloss moved to defer action on the resolution to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1459

A resolution amending the 1998-99 to 2003-2004 Capital Improvements Budget (Ordinance No. O98-1219) to revise a General Services Project (Proposal No. 98GS005). Mr. Fentress offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. SR99-1459

A substitute resolution amending the 1998-99 to 2003-2004 Capital Improvements Budget (Ordinance No. O98-1219) to revise a General Services Project (Proposal No. 98GS005). The substitute resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Fentress moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1460

A resolution amending the 1998-99 to 2003-2004 Capital Improvements Budget (Ordinance No. O98-331) to change information for one project (Bus - Replacements Project No. 85BE001). Mr. Fentress offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. R99-1460

A resolution amending the 1998-99 to 2003-2004 Capital Improvements Budget (Ordinance No. O98-1219) to change information for one project (Bus - Replacements Project No. 97BE012). The substitute resolution was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning, Historical and Port Authority Committees. Mr. Fentress moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1461

A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $4,000,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for Courthouse space renovation and office computerization for the Register of Deeds, Project No. 99GS005, 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. Mr. Steine 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1462

A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $4,607,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for bus replacements mandatory to meet safety requirements, Project No. 97BE012, 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. Mr. Steine 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1463

A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $275,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds to construct and equip a television production studio for use by public, education, and government entities, Project No. 97PE001, 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. Mr. Steine 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1464

A resolution appropriating Four Million Three Hundred Thirty-Four Thousand Four Hundred Seventy Eight Dollars ($4,334,478) from the undesignated fund balance of the General Purpose School Fund of the General Services District to fund a one-time contribution to the Metro Teachers' Pension Plan in the 1998-99 operating budget of the Metropolitan Board of Public Education. The resolution was approved by the Budget and Finance and Education Committees. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0); "Abstaining" Varallo (1).

RESOLUTION NO. R99-1465

A resolution to authorize the Metropolitan Development and Housing Agency to act pursuant to Section 10.86 et seq., of the Metropolitan Code of Laws to clear title on property at 1812A Third Avenue North, Map and Parcel No. 81-8-309, a vacant and blighted property acquired by the Metropolitan Government through a back tax sale and transferred to the Metropolitan Development and Housing Agency. The resolution was approved by the Budget and Finance Committee. Mr. Steine moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1466

A resolution appropriating Two Million Dollars ($2,000,000) to the Country Music Hall of Fame to provide partial funding for a new Country Music Hall of Fame Museum to be located in the Capitol Mall Redevelopment District. The resolution was approved by the Budget and Finance Committee. Mr. Sloss moved to adopt the resolution, which motion was seconded. Mr. Hart moved to defer the resolution for two meetings, which motion was seconded. Mr. Steine moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. 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. Sloss' motion to adopt, which motion was adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Black, Majors, Harrison, Beehan, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Sontany, Holloway, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" Nollner, Hart, Arriola (3); "Abstaining" Patton, Hall, Hollis (3).

RESOLUTION NO. R99-1467

A resolution approving lease agreements by and between the Metropolitan Development and Housing Agency and The Metropolitan Government of Nashville and Davidson County acting through the departments of Health, Police, Juvenile Court, Social Services and the Metropolitan Board of Public Education. Mr. Steine requested permission to withdraw the resolution which will be re-filed in proper form, which permission was granted without objection.

RESOLUTION NO. R99-1468

A resolution appropriating and transferring Two Million Dollars ($2,000,000) from the Reserve for Library Books and Technology in the general fund of the General Services District to the Library Special Projects Fund for the acquisition of library books and technology. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Stanley 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1469

A resolution amending R97-626 and R98-1022 by approval of Amendment No. 3 extending the term of the memorandum of agreement approved therein between the Metropolitan Government and Vanderbilt University for public health training for student nurses. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Steine 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1470

A resolution approving a contract between The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Department of Health with the State of Tennessee, Department of Health for laboratory services for testing for particulate matter and environmental testing. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Steine 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1471

A resolution approving a contract by and between the Metropolitan Government and Charles U. Spurlock Disposal Company for collection of residential refuse in the urban services district. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Majors 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1472

A resolution approving a contract by and between the Metropolitan Government and PDQ Disposal, Inc., for collection of residential refuse. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Majors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Patton, Black, Nollner, Majors, Beehan, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Sloss, McCallister, Hand, Johns, Arriola, Sontany, Jenkins, Turner, Fentress, Lineweaver (25); "Noes" Clifton, Hall, Hollis (3); "Abstaining" Crafton, Kleinfelter (2).

RESOLUTION NO. R99-1473

A resolution approving a contract for collection and disposal of solid waste by and between the Metropolitan Government and Browning-Ferris Industries, Inc. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Majors moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Patton, Black, Nollner, Majors, Beehan, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Sloss, McCallister, Hand, Johns, Arriola, Sontany, Jenkins, Turner, Fentress, Lineweaver (25); "Noes" Clifton, Hall, Hollis (3); "Abstaining" Crafton, Kleinfelter (2).

RESOLUTION NO. R99-1474

A resolution ratifying 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. 19019-1218-54, State Route 1 (West End Avenue) from Bowling Avenue to Acklen Park Drive. The Budget and Finance and Public Works Committees recommended indefinite deferment of the resolution. Mr. Clifton moved to defer the bill indefinitely until matters can be resolved with the State on this proposal, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1475

A resolution appropriating the amount of $ 4,755,093 from the General Fund Reserve Fund for the purchase of equipment, and for making repairs to buildings for various departments of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment of the resolution. Mr. Fentress moved to defer action on the resolution, upon the Committee's recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1476

A resolution adding one (1) engineering firm (Mitteldorf Engineering) 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. Majors 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

Without objection, the rules were suspended to consider one (1) late resolution.

RESOLUTION NO. R99-1477

A resolution recognizing Mrs. Vivian Ray upon her retirement from service with Cloverbottom Developmental Center. Ms. Patton moved that the Council serve as a Committee of the Whole and recommend approval of the resolution, which motion was seconded and adopted without objection. Ms. Patton 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, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

- BILLS ON FIRST READING -

BILL NO. O99-1554

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Tanglewood Drive running parallel to Brush Hill Road (north of Briley Parkway) to "Tanglewood Drive North" and Tanglewood Drive running parallel to, and north of Briley Parkway and intersecting with Brush Hill Road to "Tanglewood Court", (Proposal No. 99M-007U), 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-911 Board, Public Works and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O99-1572

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.16.250 by permitting a limited number of consignment sales in residential zone districts, 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 Committees by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O99-1573

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 and amending a portion of the Planned Unit Development District located abutting the southeastern margin of Interstate 40, 1,300 feet northeast of Old Hickory Boulevard, (Proposal No. 97P-029G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O99-1574

An ordinance providing for the creation of a continuing infrastructure improvement program, including funding. 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.

BILL NO. O99-1575

An ordinance amending Ordinance No. O98-1191, as amended, and Chapter 13 of the Metropolitan Code by enacting additional restrictions an street vendors operating on Second Avenue North and Commerce Street. 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.

BILL NO. O99-1576

An ordinance approving a memorandum of agreement between the Metropolitan Development and Housing Agency and the Juvenile Court of Davidson County to conduct a truancy reduction program. 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. O99-1577

An ordinance approving an Intergovernmental Agreement (Hospital Authority) by between The Metropolitan Government of Nashville and Davidson County and the Hospital Authority of The Metropolitan Government of Nashville and Davidson County. 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.

BILL NO. O99-1578

An ordinance approving a grant from the U.S. Department of Justice entitled the School Based Partnership to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.

BILL NO. O99-1579

An ordinance approving an agreement between the U.S. Bureau of Alcohol, Tobacco and Firearms and The Metropolitan Government of Nashville and Davidson County for the reimbursement of overtime costs not to exceed $13,000.00 per officer up to a maximum of $39,000.00 and authorizing approval of future amendments to the agreement by resolution. 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.

BILL NO. O99-1580

An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of a new police precinct station in northern Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Safety-Beer, Wine and Whiskey and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O99-1581

An ordinance accepting certain water and sanitary sewerage facilities constructed during fiscal year 1996 - 1997 and financed by private developers and approved by the Director of the Department of Water and Sewerage Services in accordance with Section 15.52.010 et seq., of the Metropolitan Code of Laws. 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.

BILL NO. O99-1582

An ordinance approving the transfer of certain property owned by The Metropolitan Government of Nashville and Davidson County, Tennessee, to the Metropolitan Development and Housing Agency (619-621 South 8th Street, Tax Map 93-4, Parcels 68 and 72). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O99-1583

An ordinance authorizing the Metropolitan Government to participate with Saeed Sassan for the construction of Project No. 97-SL-153A, Old Hickory Boulevard near Bell Road. 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.

BILL NO. O99-1584

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 IM-65-03(100)87; 19012-2152-44, widening of Interstate 65 from 0.30 mile north of Trinity Lane to the northbound ramp to Vietnam Veterans Boulevard, and authorizing the approval by resolution, maintenance of traffic signals and/or street lighting or other documents associated with this project. 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.

BILL NO. O99-1585

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning certain right-of-way adjacent to and between Parcels 39 and 40 on Tax Map 148-16, 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.

Without objection, the rules were suspended for consideration of four (4) late bills.

BILL NO. O99-1586

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 January 1999. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections-Aviation Committee by a voice vote of the Council.

BILL NO. O99-1587

An ordinance approving lease agreements by and between the Metropolitan Development and Housing Agency and The Metropolitan Government of Nashville and Davidson County acting through the departments of Health, Police, Juvenile Court, Social Services and the Metropolitan Board of Public Education. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Education, Public Safety-Beer, Wine and Whiskey, Health, Hospitals and Social Services and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.

BILL NO. O99-1588

An ordinance approving a grant contract by and between The Metropolitan Government of Nashville and Davidson County and the Country Music Foundation, Inc. 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. O99-1589

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 removing 70 historic residential properties (43 historic properties built prior to 1940 and 27 non-historic built from 1940 to the present) from the Woodland in Waverly Historic Zoning Overlay District (Proposal No. 99Z-034U), all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Historic Zoning 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.

- BILLS ON SECOND READING -

BILL NO. O98-1317

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 the Planned Unit Development District abutting the east margin of Old Hickory Boulevard, 140 feet south of Tolbert Road (3.10 acres), (Proposal No. 88P-045G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Crafton moved to defer the bill to the May public hearing, the bill being requested by Heibert and Associates, which motion was seconded and adopted by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O98-1318

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 SCN District to CL District, property located on the east margin of Old Hickory Boulevard (unnumbered), approximately 100 feet south of the Old Hickory Boulevard/Tolbert Road intersection (3.10 acres), (Proposal No. 98Z-102G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Crafton moved to defer the bill to the May public hearing, the bill being requested by Heibert and Associates, which motion was seconded and adopted by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O98-1469

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 RM4 District property located on Sawyer Brown Road (unnumbered), on the east margin of Interstate 40 (7.88 acres), (Proposal No. 98Z-189G), 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. Mr. Crafton asked permission to withdraw the bill for lack of a properly filed site plan for the proposal, the bill being requested by The Haury Company, which permission was granted by a unanimous vote of the Council.

BILL NO. O98-1481

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 RS10 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 approved by the Planning, Zoning, Historical and Port Authority Committee. Mr. Graves offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Graves moved to pass the bill on second reading as amended and to 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.

BILL NO. O99-1525

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 properties located at 6187 Mt. View Road, 3416 Hamilton Church Road and Hamilton Church Road (unnumbered) (62.12 acres), (Proposal No. 99Z-009U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Holloway moved to defer action indefinitely on the bill, the bill being requested by optionee Jilly Butler, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1526

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 RM20 District property located at 3161 Hamilton Church Road (6 acres), (Proposal No. 99Z-010U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Holloway moved to defer action indefinitely on the bill so that a community meeting can be held, the bill being requested by Houston Ezell Corporation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1537

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 RM20 and RS10 Districts to IWD District properties located at 1809, 1815, 1817, 1907 Lebanon Pike and Lebanon Pike (unnumbered), approximately 100 feet west of Gayland Court (33.35 acres), (Proposal No. 98Z-169U), 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. Dale moved to defer the bill, the bill being requested by Jim Donoho, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1546

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. The bill was approved by the Planning Commission, 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. O99-1547

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, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Hart moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1548

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, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Garrett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1550

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. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Haddox moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1551

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. 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.

BILL NO. O99-1555

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing approximately 550 feet of Aldrich Lane located south of Cornish Drive from the northern property line of Parcels 57 and 89 to its southern terminus at Parcel 103 (Proposal No. 99M-031U), 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. Black moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1556

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Alley 138 between Fairfield Avenue and Donelson Street, (Proposal No. 99M-018U), all of which is more particularly described herein. The bill was approved by the Planning Commission and Traffic and Parking Commission; the Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees recommended deferment. Mr. Douglas moved to defer action on the bill, upon the Committees' recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1557

An ordinance amending the Metropolitan Code of Laws by adding a new Article VIII to Chapter 2.56 to set forth provisions relative to the General Sessions Court Safety Center. Mr. Fentress offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. SO99-1557

A substitute ordinance amending the Metropolitan Code of Laws by adding a new Article VIII to Chapter 2.56 to set forth provisions relative to the General Sessions Court Safety Center. The substitute bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Fentress moved to pass the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1558

An ordinance approving a lease agreement by and between the Martha O'Bryan Center and The Metropolitan Government of Nashville and Davidson County for the benefit of the Metropolitan Social Services Commission. The bill was approved by the Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning, Historical and Port Authority Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1559

An ordinance approving a ground lease agreement between the Tennessee Board of Regents and the Metropolitan Government for construction of a television studio at Nashville State Technical Institute for public, educational, and governmental programming. The bill was approved by the Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1560

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with CSX Transportation, Inc. 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. O99-1561

An ordinance authorizing the Metropolitan Mayor to execute an agreement for the exchange of equipment installation rights between the Metropolitan Department of Water and Sewerage Services and Sprint Spectrum L.P. The Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees recommended deferment of the bill. Mr. Steine moved to defer action on the bill, upon the Committees' recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1562

An ordinance authorizing the Metropolitan Mayor to enter into an interlocal agreement with Williamson County granting Metro access to the county’s graphical information system. The Budget and Finance and Public Works Committees recommended deferment of the bill. Mr. Steine moved to defer action on the bill, upon the Committees' recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1563

An ordinance authorizing the acceptance of a contract between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for STP-M-4967(1), Central Pike (FAU-4967), widening of bridge over Stoner Creek and replacement of a Nashville and Eastern Railroad bridge over Central Pike, and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance or traffic signals and/or street lighting or contracts and documents associated with said project. 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. O99-1564

An ordinance authorizing the acceptance of a contract between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for STP-M-4167(2), Elm Hill Pike, Spence Lane to Massman Drive and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance or traffic signals and/or street lighting or contracts and documents associated with said project. 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. O99-1565

An ordinance authorizing the acceptance of a contract between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for STP-M-3251(1), West Trinity Lane, from Buena Vista Pike to White Creek Pike (US-431) and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance or traffic signals and/or street lighting or contracts and documents associated with said project. 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. O99-1566

An ordinance authorizing the acquisition of property by negotiation or condemnation for Elm Hill Pike, from Spence Lane to Massman Drive, Project No. 98-R-6. The bill was approved by the Budget and Finance Committee; the Public Works and Planning, Zoning, Historical and Port Authority Committees recommended deferment. Mr. Dale moved to defer action on the bill upon the Committees' recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1567

An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Map 107-9, Parcel 35; Marcella Drive). The bill was approved by the Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1568

An ordinance approving the sale of certain property held by The Metropolitan Government of Nashville and Davidson County, Tennessee (Parcel 28, Tax Map 60; 2915 Brick Church Pike). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Black moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1569

An ordinance authorizing the acceptance of a permanent easement to The Metropolitan Government of Nashville and Davidson County, Tennessee, for the use and benefit of the Greenway Commission of the Metropolitan Government in conjunction with the Shelby Bottoms Greenway. The bill was approved by the Planning Commission, Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1570

An ordinance to approve the granting of a permanent easement on certain property owned by the Metropolitan Government (Tax Map 70-15, Parcel 43) and used for The Looby Center. The bill was approved by the Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees. Mr. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1571

An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting through the Register of Deeds and Nashville II Partners. The bill was approved by the Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Fentress 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. O98-1443

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 Forest Oaks Drive, all of which is more particularly described herein. The bill was disapproved by the Planning Commission, Traffic and Parking Commission and Traffic and Parking Committee; and approved by the Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Lineweaver moved to defer the bill indefinitely until all required signatures are obtained, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1459

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 RM6 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 Planning, Zoning, Historical and Port Authority Committees. Mr. Hollis offered Amendment No.1 and moved for its adoption which motion was seconded and adopted by a voice vote of the Council. Mr. Hollis moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

BILL NO. O98-1472

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 Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

BILL NO. O98-1491

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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jenkins moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1505

An ordinance amending the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, Tennessee, by accepting the dedication of Heath Road. The bill was disapproved by the Planning Commission and approved by the Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Crafton filed a document for the record. Mr. Crafton moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1518

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 Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Varallo moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

BILL NO. O99-1519

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 RS40 District to CN District properties at 8993, 8983 and Highway 100 (unnumbered), approximately 550 feet east of Old Harding Lane and 1.8 miles west of Natchez Trace Parkway (1.1 acres), (Proposal No. 99Z-001G), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committees. Mr. Lineweaver offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Lineweaver moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

BILL NO. O99-1520

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 CS District properties at 2347, 2351, 2353 Gallatin Pike, Gallatin Pike (unnumbered), on the southeast corner of Gallatin Pike and Riverchase Boulevard (17.29 acres), (Proposal No. 99Z-004G), 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. Garrett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

BILL NO. O99-1521

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 RM4 District a portion of property at Cumberland Hills Drive (unnumbered), approximately 400 feet south of Gallatin Pike (76.79 acres),(Proposal No. 99Z-006G), 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. Garrett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

BILL NO. O99-1522

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Planned Unit Development District located approximately 450 feet south of Gallatin Pike, approximately 200 feet west of Cumberland Hills Drive classified as R20 and proposed for RM4, and to cancel a portion of the Planned Unit Development District by removing 10.47 acres from the district, zoned RS10 and proposed for CS, (87.26 acres), (Proposal No. 96P-023G), 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. Garrett moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

SUBSTITUTE BILL NO. SO99-1529

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. The substitute bill was approved by the Budget and Finance and Education Committees. Mr. Fentress moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

BILL NO. O99-1530

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. Fentress moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Black, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0).

BILL NO. O99-1531

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. Fentress moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1532

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. Varallo moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1533

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. Varallo moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1534

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a District to CS District property located at Bell Road (unnumbered), approximately 650 feet west of Brookview Estates Drive (2.08 acres), (Proposal No. 99Z-008U), 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 indefinite deferral. Mr. Graves moved to defer the bill indefinitely so that remaining problems can be worked out, the bill being requested by Richard C. Argo, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1535

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 and amending a portion of the Planned Unit Development District located abutting the south margin of Old Hickory Boulevard and the east margin of Edmondson Pike, (Proposal No. 88P-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. Mr. Graves moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1536

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 IR District to ORI District properties located at 350 28th Avenue North and Charlotte Avenue (unnumbered) (9.44 acres), (Proposal No. 99Z-007U), 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 indefinite deferral. Mr. McCallister moved to defer the bill indefinitely while certain issues are resolved, the bill being requested by Horace Small Apparel Company, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1538

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 IWD District properties located at 5811 River Road and River Road (unnumbered), approximately 1,600 feet west of Charlotte Pike (30.7 acres), (Proposal No. 98Z-119G), 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. Crafton offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Crafton moved to defer the bill on third reading, the bill being requested by Jim Smith, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1540

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 RS10 District property located at 5827 Edmondson Pike, abutting the west margin of Edmondson Pike opposite Frontier Lane (7.38 acres), (Proposal No. 98Z-071U), 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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1541

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 RS10 District property located at 5801 Edmondson Pike, approximately 900 feet north of and opposite Frontier Lane (15.42 acres), (Proposal No. 98Z-072U), 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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1542

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 R15 Districts to SCC (8.77 acres) and RS7.5 (43.01 acres) Districts property located at 2215 Murfreesboro Pike and Murfreesboro Pike (unnumbered), on the east margin of Franklin Limestone Road and at the northern terminus of Olive Circle (51.78 acres), (Proposal No. 98Z-125U), 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. Ms. Sontany moved to defer the bill while remaining issues are addressed, the bill being requested by Marion Thurman, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1543

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Planned Unit Development District located abutting the north margin of Smith Springs Road and the west margin of Bell Road (1.50 acres), (Proposal No. 95P-017G), 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, Steine, Ferrell, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1544

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 CN District to MUN District property at 6 South 14th Street, approximately 200 feet north of Holly Street (.09 acres), (Proposal No. 99Z-015U), 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. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Majors, Harrison, Beehan, Hart, Dillard, Garrett, Wooden, French, Stanley, Dale, Graves, Douglas, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Hollis, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0).

BILL NO. O99-1545

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.16.250 by permitting consignment sales at certain sites in residential zone districts, 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. Mr. Wooden moved that the Council act as a Committee of the Whole to recommend passage of the bill, which motion was seconded and failed by a voice vote of the Council. Pursuant to Rule 35 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.

Upon motion duly seconded, the meeting was adjourned.