Metro Seal

M I N U T E S

Metropolitan Council Meeting

Tuesday, August 3, 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 Charles Fentress.

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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver, and President West (36); Absent: Black, Douglas, Sloss, Hollis, Alexander (5).

Upon motion duly seconded and adopted, the minutes of the July 20, 1999 meeting were corrected to state that the motion on Bill No. O99-1716 was to pass the bill on second reading. The minutes of said meeting were adopted as corrected.

- 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 17.120.040 of the Metropolitan Code, I hereby appoint, subject to your confirmation, as a member of the Historic Zoning Commission, the following eligible, qualified person:

Ms. Cori Morris, 1400 Nashville City Center, Nashville, TN 37219

Ms. Morris will replace Ms. Dickerson, who recently resigned. Her term will expire on June 1, 2000.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Ms. Morris to the Historic Zoning Commission. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.128.030 of the Metropolitan Code, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Historical Commission, the following eligible, qualified person:

Mr. Robert Cochran III, 4130 Sneed Road, Nashville TN 37215.

This term will expire on August 1, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.128.030 of the Metropolitan Code, I hereby reappoint, subject to your confirmation, as a member of the Metropolitan Historical Commission, the following eligible, qualified person:

Mr. Wilbur F. Creighton Jr., 1635 S. Observatory Drive, Nashville TN 37215.

This term will expire on August 1, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.128.030 of the Metropolitan Code, I hereby reappoint, subject to your confirmation, as a member of the Metropolitan Historical Commission, the following eligible, qualified person:

Mr. Gary Everton, 27 Belcaro Circle, Nashville TN 37215.

This term will expire on August 1, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.128.030 of the Metropolitan Code, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Historical Commission, the following eligible, qualified person:

Ms. Laura Rost, 4604 Villa Green Drive, Nashville TN 37215.

This term will expire on August 1, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the reappointment of Messrs. Creighton and Everton and the appointments of Mr. Cochran and Ms. Rost to the Metropolitan Historical Commission. Mr. French moved to confirm the appointments, which motion was seconded and adopted by a unanimous vote of the Council.

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 11.1101 of the Metropolitan Charter, I hereby reappoint, subject to your confirmation, as a member of the Social Services Commission, the following eligible, qualified person:

Mr. William G. Coke Jr., 5612 South Stanford Court, Nashville TN 37215.

This term will expire on July 20, 2004.

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. Coke to the Social Services Commission. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.148.010 of the Metropolitan Code, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Tourism and Convention Commission, the following eligible, qualified person:

Mr. Jack Gaines, 2800 Opryland Drive, Nashville TN 37214.

Mr. Gaines will replace Mr. Wayne as a tourism industry representative. His term will expire June 30, 2002.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Mr. Gaines to the Metropolitan Tourism and Convention Commission. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 11.401 of the Metropolitan Charter, I hereby appoint, subject to your confirmation, as a member of the Metropolitan Transit Authority, the following eligible, qualified person:

Rev. Bill Barnes, 1023 Battlefield Drive, Nashville TN 37204.

Reverend Barnes will replace Mr. Whitson, who is leaving the board. This term will expire June 1, 2004.

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 Rev. Barnes to the Metropolitan Transit Authority. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS-

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 resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Campbell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1596

A resolution approving a contract by and between the Metropolitan Government and Waste Management, Inc., for collection of residential curbside recycling materials in the Urban Services District. Mr. Fentress asked permission to withdraw the resolution at the request of the Administration, which permission was granted without objection.

RESOLUTION NO. R99-1611

A resolution requesting the Metropolitan Board of Public Education to name one of the new school facilities in honor of Vic Varallo. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee; the Education Committee recommended deferment. Mr. Majors moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1614

A resolution requesting the Davidson County delegation to the Tennessee General Assembly to enact necessary legislation to allow recall provisions of the Metropolitan Charter to be applicable in the area of the Metropolitan Government. The Rules-Confirmations-Public Elections-Aviation Committee recommended deferment of the resolution. Mr. Johns moved to adopt the resolution, which motion was seconded and failed by the following vote: "Ayes" Steine, Ferrell, Campbell, Hart, Dale, Graves, Johns, Kleinfelter, Arriola, Sontany, Jenkins, Turner (12); "Noes" Varallo, Armistead, Waters, Patton, Harrison, Wooden, Ponder, French, McCallister, Hand, Hall, Holloway, Fentress (13); "Abstaining" Nollner, Majors, Dillard, Garrett, Haddox, Crafton, Lineweaver (7).

RESOLUTION NO. R99-1615

A resolution requesting the Department of Public Works to discontinue recycling until the new program for recycling in the Urban Service District is implemented. The Rules-Confirmations-Public Elections-Aviation and Public Works Committees recommended deferment of the resolution. Mr. Hall moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1616

A resolution expressing the support of the Metropolitan Council to the plan for curbside recycling throughout the Urban Services District of The Metropolitan Government of Nashville and Davidson County. Mr. Ferrell requested permission to withdraw the resolution, which permission was granted by the unanimous vote of the Council.

RESOLUTION NO. R99-1636

A resolution requesting CSX Transportation Systems to limit use of train whistles during late night hours. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1637

A resolution requesting certain Metropolitan Government officials to review the preliminary report of the Stormwater Management Task Force and report to the council on possible appropriate funding mechanisms. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1638

A resolution appropriating $160,000 in Community Development Block Grant funds for the construction of sidewalks on a portion of Lischey Avenue in the Highland Heights Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1639

A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $3,000,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for the design and construction of a residential drug treatment facility for the Criminal Court, Project No. 99ST001, 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 Budget and Finance Committee recommended deferment of the resolution. Mr. Waters moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1640

A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $3,000,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds to renovate and expand the Hill Detention Center, Project No. 99SO004, 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 and Public Safety-Beer, Wine and Whiskey Committees. Mr. Fentress moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1641

A resolution authorizing the issuance of Urban Services District Capital Outlay Notes in an amount not to exceed $13,940,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for various public improvement projects, as described herein, 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 Urban Services District Capital Outlay Notes. The resolution was approved by the Budget and Finance, Public Works and Public Safety-Beer, Wine and Whiskey Committees. Mr. Fentress moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1642

A resolution approving two sites for the construction of cellular communications towers on property owned by The Metropolitan Government of Nashville and Davidson County. The Budget and Finance and Public Works Committees recommended deferment of the resolution. Mr. Waters moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1643

A resolution appropriating $18,584.25 to reimburse the Nashville and Eastern Railroad Corporation. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1644

A resolution authorizing the Director of Public Property to exercise an option to purchase real property (Map 85, Parcels 8 and 65 - Stones River Road) to be used by Parks and Recreation as part of the Stones River greenway system. The resolution was approved by the Parks, Library, Recreation and Auditorium Committee; the Budget and Finance Committee recommended deferment. Mr. Waters moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. R99-1645

A resolution authorizing the Metropolitan Government to enter into an interlocal agreement with the City of Lakewood for drainage improvements located along 26th Street, 24th Street, and Elliott Street in the City of Lakewood. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Wooden moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1646

A resolution clarifying council-initiated infrastructure projects allowed to be funded with general obligation multi-purpose improvement bond proceeds authorized by Substitute Resolution R97-855. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Wooden moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Patton, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Crafton, Arriola, Sontany, Holloway, Turner, Lineweaver (23); "Noes" Nollner, Majors, Hand, Kleinfelter (4); "Abstaining" Varallo, Armistead, Steine, Jenkins, Fentress (5).

RESOLUTION NO. R99-1647

A resolution adding Wiser Company, LLC 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. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

Without objection the rules were suspended for consideration of two (2) late resolutions.

RESOLUTION NO. R99-1648

A resolution honoring Reporter Rob Moritz. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Ponder moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

RESOLUTION NO. R99-1649

A resolution regarding limiting heavy trucks to right-hand lanes on certain interstate highways in Nashville and Davidson County. 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

- BILLS ON SECOND READING -

BILL NO. O99-1717

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 ON District to CL District properties at 7513 and 7523 Highway 70 South, abutting the southeast corner of Highway 70 South and Sawyer Brown Road (2.0 acres), (Proposal No. 99Z-093U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Lineweaver moved to withdraw the bill, the bill being requested by Barge, Waggoner, Sumner and Cannon, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1718

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 northeast margin of Sawyer Brown Road and Memphis Bristol Highway, classified ON District and proposed for CL District (3.52 acres), (Proposal No. 94P-005G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Lineweaver moved to withdraw the bill, the bill being requested by Barge, Waggoner, Sumner and Cannon, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1721

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 R10 District property at 3806 Estes Road, approximately 600 feet north of Abbott Martin Road (2.67 acres), (Proposal No. 99Z-067U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Kleinfelter moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1722

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 east margin of Estes Road, 600 feet north of Abbott Martin Road (2.67 acres), classified within the R20 District and proposed for R10 District, the provisions of a Planned Unit Development District to permit eight single-family lots, (Proposal No. 99P-004U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Kleinfelter moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1731

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 CA District to CL District property at 2506 Music Valley Drive, approximately 400 feet north of Music City Circle (2.20 acres), (Proposal No. 99Z-073U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Dale moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1732

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 preliminary plan and canceling a portion (Phase 4) of an undeveloped lot out of the Planned Unit Development District located abutting the west margin of Music Valley Drive, 320 feet north of Music City Circle, classified CA District and proposed for CL District (2.20 acres), (Proposal No. 5-73-G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Dale moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1740

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 properties at 553 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 1,300 feet south of Tolbert Road (3.71 acres), (Proposal No. 99Z-068G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Crafton moved to defeat the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1745

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 ON District to RS7.5 District properties at 422 and 424 Spence Lane, approximately 870 feet north of Elm Hill Pike (1.45 acres), (Proposal No. 99Z-095U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Dale moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1766

An ordinance amending the Metropolitan Code of Laws to provide for and govern the provision and sale of water and sewerage services within multi-family complexes. The Budget and Finance and Public Works Committees recommended indefinite deferment of the bill. Mr. Majors moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. SO99-1790

A substitute 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 Hooten Hows Road from its terminus to the eastern edge of parcel 93 on tax map 141, located west of Highway 70, (Proposal No. 99M-104G), all of which is more particularly described herein. The substitute bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees and disapproved by the Traffic and Parking Commission. Mr. Crafton moved to pass the substitute bill on second reading and re-refer it to the Traffic and Parking Commission, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1792

An ordinance amending Section 15.44.050 of the Metropolitan Code to provide sewer adjustment credits for commercial accounts for water used in watering grass, plants, and shrubs. The Budget and Finance and Public Works Committees recommended deferment of the bill. Mr. French moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1804

An ordinance to amend Chapter 4.12 of the Metropolitan Code of Laws to authorize the Metropolitan Purchasing Agent to participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services or construction with one or more other local governments. The bill was approved by the Budget and Finance Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1805

An ordinance ratifying Tennessee Code Annotated, Section 39-11-701, et seq., and authorizing the receipt and distribution of funds derived from property forfeitures under that section. The bill was approved by the Budget and Finance Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1806

An ordinance granting the Planning Commission the authority to administratively correct the zoning maps where evidence exists that a property’s zone classification is incorrectly depicted on the zoning maps due to digitizing mapping errors and the evidence supports that there was never any intent to effectuate a zone change for such property. The bill was approved by the Planning, Zoning, Historical and Port Authority Committee. Mr. Dale moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1808

An ordinance amending Section 8.04.110 of the Metropolitan Code of Laws increasing the penalties for allowing dogs to run at large. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1809

An ordinance to transfer the functions of the Division of Health Services Certifications from the Department of Social Services to Metropolitan Nashville General Hospital and transferring employees from the Department of Social Services to Metropolitan Nashville General Hospital. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Dale moved to pass the bill on second reading 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. O99-1810

An ordinance approving the transfer of control of the cable television franchise held by Intermedia Partners Southeast from Intermedia Capital Management, LLC, to TCI Spartanburg, IP-IV, LLC, an affiliate of AT&T Corporation. Mr. Steine offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. SO99-1810

A substitute ordinance approving the transfer of control of the cable television franchise held by Intermedia Partners Southeast from Intermedia Capital Management, LLC, to TCI Spartanburg, IP-IV, LLC, an affiliate of AT&T Corporation. The substitute bill was approved by the CATV Special Committee and Budget and Finance Committee. Mr. Steine moved to pass the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1811

An ordinance approving the transfer and assignment of the cable television franchise held by Robin Media Group, Inc., to Brenmor Cable Partners, L.P., an entity controlled by TCI South Carolina IP-I, LLC, an affiliate of AT&T Corporation and repealing Ordinance No. O87-1767. The bill was approved by the CATV Special Committee and Budget and Finance Committee. 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. O99-1812

An ordinance approving a transfer and assignment of the cable television franchise held by Intermedia Partners of West Tennessee, L.P., to Intermedia Partners, IV, L.P., an entity controlled by TCI Spartanburg IP-IV, LLC, an affiliate of AT&T Corporation and repealing Ordinance No. O86-1359. The bill was approved by the CATV Special Committee; the Budget and Finance Committee approved the bill with an amendment. Mr. Steine offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Steine moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1813

An ordinance authorizing the acquisition of property by negotiation or condemnation for roadway stabilization on Bull Run Road approximately 2.5 miles northeast of State Route 12, Project No. 99-M-1. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Majors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1814

An ordinance to amend Title 6, Chapter 6.54 of the Metropolitan Code of Laws concerning sexually oriented businesses. Mr. Ferrell offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. SO99-1814

A substitute 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 Public Safety-Beer, Wine and Whiskey and Health, Hospitals and Social Services 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 second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1815

An ordinance amending Title 12 of the Metropolitan Code to provide revisions relating to the operating of bicycles on sidewalks, streets and roads of Metropolitan Government. The bill was approved by the Public Safety-Beer, Wine and Whiskey and Traffic and Parking Committees. Mr. Ponder offered Amendment No. 1 and moved for its adoption , which motion was seconded and adopted by a voice vote of the Council. Mr. Ponder moved to pass the bill on second reading as amended and re-refer it to the Public Safety-Beer, Wine and Whiskey Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1816

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter into a contract with the State of Tennessee for reimbursement of funds expended for litter pickup using inmate labor. The bill was approved by the Budget and Finance, Public Safety-Beer, Wine and Whiskey and Parks, Library, Recreation and Auditorium Committees. Mr. Ponder moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1817

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

BILL NO. O99-1818

An ordinance approving a grant from the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for a drug control and systems improvement grant program, specifically the Edward Byrne Memorial Formula Grant Program. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1819

An ordinance approving a grant contract for $400,000 from the U.S. Department of Health and Human Services to the Metropolitan Government through the Office of Emergency Management for the development of a Metropolitan Medical Response System to manage human health consequences of a terrorist incident. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1820

An ordinance accepting a grant award in an amount not to exceed $54,900 from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting through the District Attorney’s Office for the 20th Judicial District for the Stop the Violence Against Women Grant Project. The bill was approved by the Budget and Finance Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1821

An ordinance approving a grant from the State of Tennessee, Tennessee Commission on Children and Youth, to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for a computer grant. The bill was approved by the Budget and Finance Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1822

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 April 1999. The bill was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1823

An ordinance abandoning a portion of easements retained by Ordinance No. O96-157 by closing a segment of Old Hickory Boulevard, between the south margin of Old Hickory Boulevard and the east property line of Parcel 186 on Map 162, all of which is more particularly described herein. The bill was approved by the Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Dale moved to pass the bill on second reading and re-refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1824

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing 20th Avenue North from Warner Street and Alley No. 621 to its terminus at the railroad tracks, and Alley No. 621 from its intersection with 20th Avenue North westward to its terminus (Proposal No. 99M-087U), all of which is more particularly described herein. The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Mr. McCallister moved to pass the bill on second reading and re-refer it to the Traffic and Parking Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1825

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley No. 216 from Jefferson Street southward to its intersection with Alley No. 217 (Proposal No. 99M-088U), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee; the Public Works and Traffic and Parking Committees recommended deferment. Mr. Haddox moved to suspend the rules to override the committees’ recommendation for deferment, which motion was seconded and adopted by a voice vote of the Council. Mr. Haddox moved to pass the bill on second reading and re-refer Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1826

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 private drive in the Sheffield subdivision leading to the community pool as "Claytie Point", (Proposal No. 99M-090U), all of which is more particularly described herein. The bill was approved by the Planning Commission, E-911 Board, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Mr. Lineweaver moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1827

An ordinance approving the sale of certain property owned by The Metropolitan Government of Nashville and Davidson County, Tennessee (Part of Parcel 91, Tax Map 22 – Whites Creek Pike). The bill was approved by the Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees. Ms. Patton moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1828

An ordinance authorizing the acceptance of Contract No. 1999820 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for BR-STP-5343(1), bridge and minimum approaches over 11th Avenue South and C.S.X. on Demonbreun Street, 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. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1829

An ordinance amending Contract No. 687 between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Transportation for STP-M-5333(1), Franklin Street Corridor, 13th Avenue South to Interstate Drive, excluding bridge and minimum approaches over the Cumberland River. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Waters moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1830

An ordinance abandoning a 20’ sewer easement encumbering Map 116-02-A, Parcel 4 of Hill Place, Project No. 95-SL-43, and authorizing the Metropolitan Mayor to execute the attached document. The bill was approved by the Public Works and Planning & Zoning Committees. Mr. Fentress moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1831

An ordinance authorizing Interstate FiberNet, Inc. to construct, install, and maintain a fiber optic cable at a depth of 42" below street grade beginning at 1301 4th Avenue South and extending down Rains Avenue for approximately 1,262 feet and then turning east on Moore Avenue approximately 1,778 feet, crossing Nolensville Pike and terminating at the TVA transmission site (Proposal No. 99M-115U), all of which is more particularly described herein. The bill was approved by the Public Works Committee. Mr. Graves moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1832

An ordinance authorizing Digital Teleport, Inc. to construct, install, and maintain a fiber optic cable beginning at the northwest corner of Charlotte Pike and Davidson Street extending southeast to Davidson Street, Harding Road, Harding Place and then terminating at the intersection of Harding Place and Franklin Road (Proposal No. 99M-116U), all of which is more particularly described herein. The bill was approved by the Public Works Committee. Mr. Armistead moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. O97-660

An ordinance to amend Title 17 of The Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 District to CS District (Proposal No. 97Z-005U), certain property abutting the northwest corner of State Route 45 and Myatt Drive, all of which is more particularly described herein. The bill was disapproved by the Planning Commission and approved by the Planning, Zoning, Historical and Port Authority Committee. Mr. Dillard 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 defer action on the bill, the bill being requested by Ken and Nadine Johnson, which motion was seconded and adopted by a voice vote of the Council.

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 and Planning, Zoning, Historical and Port Authority Committee. Mr. Crafton moved to defer action on the bill, the bill being requested by Heibert and Associates, which motion was seconded and adopted by a voice vote of the Council.

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 and Planning, Zoning, Historical and Port Authority Committee. Mr. Crafton moved to defer action on the bill, the bill being requested by Heibert and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1457

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 R6 District to RM40 District property located at 2016A 24th Avenue North, approximately 200 feet south of Clarksville Pike (.20 acres), (Proposal No. 98Z-171U), 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. 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1514

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 R6 District to RM40 District properties located on the south margin of Metrocenter Boulevard (unnumbered), approximately 600 feet west of 10th Avenue North (1.94 acres), (Proposal No. 98Z-196U), 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. 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1608

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 District to CS District a portion of property approximately 300 feet west of Dickerson Pike and immediately north of Briley Parkway (3.54 acres), (Proposal No. 99Z-027G), 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. Majors moved to defer action on the bill, the bill being requested by Jack L. Jenkins, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1609

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 District and IWD District to CS District properties at 3466 Dickerson Pike and Dickerson Pike (unnumbered), immediately north of Briley Parkway (43.42 acres), (Proposal No. 99Z-028U), 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. Majors moved to defer action on the bill, the bill being requested by J. Mark Stevenson, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1639

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 RS20 District property at 8263 and Route 5 Highway 100, opposite Stonemeade Drive (21.87 acres), (Proposal No. 99Z-036G), 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. Lineweaver moved to defer action on the bill, the bill being requested by Ragan-Smith Associates, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1640

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 south margin of Highway 100, opposite Stonemeade Drive, (Proposal No. 93P-016G), 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. Lineweaver moved to defer action on the bill, the bill being requested by Ragan-Smith Associates, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1655

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 District to OR20 District property at 2825 Hartford Drive, on the north margin of Thompson Lane (.46 acres), (Proposal No. 99Z-014U), 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 moved to defer action on the bill, the bill being requested by John E. Elder, III, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1661

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 R6 District to CS District a portion of property at 1803 12th Avenue North, approximately 200 feet north of Buchanan Street (.63 acres), (Proposal No. 99Z-039U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and the Planning, Zoning, Historical and Port Authority Committee recommended deferment. Mr. Haddox moved to defer action on the bill, the bill being requested by Wade L. Phelps, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1711

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL District to CS District property at 2501 Lebanon Pike, abutting the east margin of McGavock Pike (.35 acres), (Proposal No. 99Z-077U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and the Planning, Zoning, Historical and Port Authority Committee recommended deferment. Mr. Dale moved to defer action on the bill, the bill being requested by Joe Hobbs, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1712

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL District to CS District property at Lebanon Pike (unnumbered), at the southwest corner of Old Lebanon Pike and the Nashville and Eastern Railroad (.81 acres), (Proposal No. 99Z-079U), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1720

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 SCC District to CL District properties at Old Lebanon Pike (unnumbered), on the west margin of Crestwood Road (4.03 acres), (Proposal No. 99Z-094U), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1728

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 RS40 District property at Ashland City Highway (unnumbered), approximately 500 feet east of Amy Lynn Drive (1 acre), (Proposal No. 99Z-085G), 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. Patton 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, Dale, Graves, Clifton, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Holloway, Jenkins, Turner, Fentress, Lineweaver (30); "Noes" (0); "Abstaining" French, Haddox, Hall (3).

BILL NO. O99-1729

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 IWD District to MUG District property at Great Circle Road (unnumbered), approximately 1,200 feet east of Athens Way (4.86 acres), (Proposal No. 99Z-070U), 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. 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1738

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 SCC District property at 5916 Mt. View Road and a portion of properties at 3514 Pin Hook Road, 3510 and Route 2 Murfreesboro Pike, on the south margin of Mt. View Road and the north margin of Pin Hook Road (25.76 acres), (Proposal No. 99Z-064G), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Ms. Holloway moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1742

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 IWD District to CS District a portion of property at 2737 Murfreesboro Pike, and all of the properties at 2761 and 2737 Murfreesboro Pike, 2450 Morris Gentry Boulevard and Morris Gentry Boulevard (unnumbered), opposite Forest View Drive (8.21 acres), (Proposal No. 99Z-057U), 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. Hall 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1743

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 west margin of Rural Hill Road and the south margin of Pebble Creek Drive (132.47 acres), to eliminate the continuation of a proposed collector road through the undeveloped portion of the PUD and its proposed connection with Pebble Creek Drive, and to reconfigure six single-family lots, while maintaining the same number of lots (Proposal No. 28-79-G), 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. Hall 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, Nollner, Majors, Harrison, Beehan, Campbell, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Turner, Fentress, Lineweaver (31); "Noes" (0); "Abstaining" Hart, Jenkins (2).

BILL NO. O99-1748

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 R6 District to RM6 District properties at Rebecca Street (unnumbered), abutting the south margin of Harding Street (.73 acres), (Proposal No. 99Z-086U), 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. Campbell 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, Nollner, Majors, Harrison, Beehan, Campbell, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Holloway, Jenkins, Turner, Fentress, Lineweaver (31); "Noes" (0); "Abstaining" Hart (1).

BILL NO. O99-1750

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 CS District to IWD District properties at Lebanon Pike (unnumbered), opposite Clovernook Drive (5.28 acres), (Proposal No. 99Z-048U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and approved by the Planning, Zoning, Historical and Port Authority Committee. Mr. Dale moved to defer action on the bill, the bill being requested by Charles Hawkins Company, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1757

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 McGavock Street from 9th Avenue South to its terminus at parcel 327, a portion of 10th Avenue South from Demonbreun Street north to its terminus at McGavock Street, and all of 10th Avenue South Extension from McGavock Street south to its terminus at parcel 318 upon the consolidation of all properties (parcels 310, 313-318 on tax map 93-9) abutting portions of McGavock Street, 10th Avenue South, and 10th Avenue South Extension into one plat by the Frist Center for the Visual Arts, Inc., (Proposal No. 99M-056U), all of which is more particularly described herein. Mr. Garrett offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. SO99-1757

A substitute 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 McGavock Street from 9th Avenue South to its terminus at parcel 327 on tax map 93-9, a portion of 10th Avenue South from Demonbreun Street north to its terminus at McGavock Street, and all of 10th Avenue South Extension from McGavock Street south to its terminus at parcel 318 on tax map 93-9 upon the consolidation of parcels 313-318 on tax map 93-9 abutting portions of McGavock Street, 10th Avenue South, and 10th Avenue South Extension into one plat and on that plat showing ingress and egress easements as well as utility easements to parcel 327 on tax map 93-9 (Proposal No. 99M-056U, Frist Center for the Visual Arts, Inc.), all of which is more particularly described herein. The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees; disapproved by the Traffic and Parking Commission. Mr. Garrett moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1758

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Jr. Achievement Street located between 9th and 10th Avenues North, south of Church Street, (Proposal No. 99M-078U), 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; disapproved by the Traffic and Parking Commission; the Traffic and Parking Committee recommended deferment. Mr. Garrett moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1764

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter into a Memorandum of Understanding with Averitt Properties, Inc. of Tennessee concerning disposition of certain property and relocation of the Metropolitan Government’s salt storage facility. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Ms. Sontany moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1765

An ordinance approving a lease agreement between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee for operation of a medical examiner’s office. The bill was approved by the Planning Commission, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning, Historical and Port Authority Committees. Mr. Fentress 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1767

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 93-SC-34J, Aldrich Lane Sewer System Rehabilitation. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1768

An ordinance authorizing Horace Bass to participate with the Metropolitan Government, Department of Water and Sewerage Services, for the construction of Project No. 99-SG-23, Woodland Street near South 9th Street. 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1769

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 98-SG-139, Pitts Avenue Sewer Extension. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1770

An ordinance authorizing the acquisition of property by negotiation or condemnation for interchange modifications at I-24/65 and Shelby Avenue, Woodland Street and Interstate Drive, Project 1901-3146-44. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1771

An ordinance authorizing the acquisition of property by negotiation or condemnation for the Metro Center Levee Project, U. S. Corps of Engineers Project No. 013216. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1772

An ordinance authorizing the acquisition of property by negotiation or condemnation for intersection improvement at Edmondson Pike and Cloverland Drive, Project No. 97-R-11A. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1773

An ordinance approving a grant contract from the State of Tennessee, Department of Finance and Administration to the Metropolitan Government of Nashville and Davidson County, acting through the State Trial Courts for the provision of a residential substance abuse treatment program for state offenders. The bill was approved by the Budget and Finance Committee. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1774

An ordinance approving a grant from the State of Tennessee, Department of Agriculture to The Metropolitan Government of Nashville and Davidson County acting through the Metropolitan Codes Administration, to implement the urban and community forestry grant assistance program. The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Mr. Fentress 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1775

An ordinance amending Section 11.12.080 of the Metropolitan Code by amending Ordinance No. O99-1649, as amended, by changing the definition of nighttime. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Lineweaver 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1776

An ordinance amending Chapter 8.12 and Section 1.01.030 of the Metropolitan Code of Laws to prohibit cruelty to animals; inhumane transportation of animals and the fighting of animals throughout the area of the Metropolitan Government and authorizing enforcement of its provisions including impoundment by employees of the Metropolitan Health Department and the Metropolitan Police Departments. The bill was approved by the Public Safety-Beer, Wine and Whiskey and Health, Hospitals and Social Services Committees. Ms. Sontany moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1777

An ordinance to amend Title 2 Chapter 28 and Title 12 Chapter 32 of Metropolitan Code of Laws to define Department of Public Works’ hazardous material response vehicles as "emergency vehicles used in firefighting" for purposes of Section 402 of Title 55, Chapter 9 of the Tennessee Code Annotated and as "emergency repair vehicles" under Title 12, Chapter 32 of the Metropolitan Code of Laws. The bill was approved by the Public Safety-Beer, Wine and Whiskey 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1778

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 (22 Green Street, Tax Map 93-16, Parcel 50). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0).

BILL NO. O99-1779

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming High Rigger Drive, located north of Lera Jones Drive, from where it begins at Louise Russell Drive to its terminus at Parcel 246 on Tax Map 150 to "Louise Russell Drive", (Proposal No. 99M-058U), all of which is more particularly described herein. The bill was approved by the Planning Commission, E-911 Board, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Ms. Holloway moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1780

An ordinance authorizing the Metropolitan Government to enter into Utility Contract No. 5423 with the State of Tennessee, Department of Transportation, for the construction of certain utilities, said construction being necessary as part of State Project No. CM-NHE-255 (5), 19084-2233-54 involving SR-255 (Harding Place) with SR-11 (Nolensville Road) Intersection (Metro Project Nos. 98-SG-172 & 98-WG-119). The bill was approved by the Planning Commission, Budget and Finance, 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1781

An ordinance authorizing the Metropolitan Government to enter into Utility Contract No. 5424 with the State of Tennessee, Department of Transportation, for the construction of certain utilities, said construction being necessary as part of State Project No. CM-STP-11(23), 19028-2233-54 involving SR-11 (Nolensville Road) with Tusculum Road Intersection (Metro Project Nos. 98-SG-175 & 98-WG-120). The bill was approved by the Planning Commission, Budget and Finance, 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1782

An ordinance authorizing the Metropolitan Government to enter into Utility Contract No. 5425 with the State of Tennessee, Department of Transportation, for the construction of certain utilities, said construction being necessary as part of State Project No. CM-STP-3250(2), 19958-2745-54 involving Woodmont Boulevard with Estes Road Intersection (Metro Project Nos. 98-SG-195 & 98-WG-129). The bill was approved by the Planning Commission, Budget and Finance, 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1783

An ordinance abandoning a portion of a sewer easement, Book 3957, Page 49, RODC, encumbering the property of Map 116-08, Parcel No. 26 constructed under Project No. 64-S-51C. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Fentress 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1784

An ordinance abandoning water and sewer easement encumbering Map 93-6-1 Parcel 61, 67 and Map 93-6-3 Parcel 6 of the proposed Downtown Public Library Project No. 99-SL-51 and Project No 99-WL-44 and authorizing the Metropolitan Mayor to execute the attached document. The bill was approved by the Planning Commission, Public Works, Parks, Library, Recreation and Auditorium 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1785

An ordinance authorizing Copperstone Development, LLC to participate with the Metropolitan Government, Department of Water and Sewerage Services, for the construction of Project Nos. 98-SL-192 & 97-SG-84, Edmondson Branch trunk sewer and Owl Creek trunk sewer. The bill was approved by the Budget and Finance and Public Works 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1786

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing 45th Avenue North between Michigan Avenue and Alley No. 1205, (Proposal No. 99M-067U), 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. 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

SUBSTITUTE BILL NO. SO99-1787

A substitute ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by closing one foot portion of Alley No. 74 extending from Church Street southward for 324 feet, and constructing a 3' 7" sidewalk within the alley for pedestrian safety, reducing the alley's present 14' 0" width to 10' 0", (Proposal No. 99M-083U), 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. 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

Mr. Garrett moved to rescind action, which motion was seconded and adopted by a voice vote of the Council. Mr. Garrett requested a suspension of the rules to amend the bill on third reading, which motion was seconded and adopted by a unanimous vote of the Council. Mr. Garrett offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Garrett moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

SUBSTITUTE BILL NO. SO99-1788

A substitute 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 Alley No. 1200 between Charlotte Avenue and Alabama Avenue, (Proposal No. 99M-069U), 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; disapproved by the Traffic and Parking Commission and Traffic and Parking Committee. 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, Majors, Harrison, Beehan, Campbell, Hart, Garrett, Wooden, Ponder, French, Dale, Graves, Haddox, McCallister, Hand, Crafton, Arriola, Sontany, Holloway, Jenkins, Turner, Fentress, Lineweaver (28); "Noes" (0).

SUBSTITUTE BILL NO. SO99-1789

A substitute 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 Stanley Street that crosses over the railroad tracks between Nestor Street and Willow Street (Proposal No. 99M-102U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission and Traffic and Parking Commission; approved by the Public Works Committee; the Traffic and Parking Committee recommended deferment. Mr. Dale offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dale moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1793

An ordinance approving an agreement between the U.S. Department of Defense and The Metropolitan Government of Nashville and Davidson County acting by and through the Emergency Management Department for the loan of emergency preparedness equipment pursuant to the Nunn-Lugar-Domenici Act and authorizing the Mayor to execute the same. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1794

An ordinance to amend Title 7, Chapter 7.08 of the Metropolitan Code of Laws to incorporate amendments to the Tennessee Code affecting the regulation of the sale of beer in Metropolitan Nashville and Davidson County and to conform the regulations to federal and state law. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Dale offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dale moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1795

An ordinance amending Section 6.64.110 of the Metropolitan Code of Laws to allow the Charitable Solicitations Board to waive the requirement that an applicant for a permit must appear before the Board. The bill was approved by the Budget and Finance Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1796

An ordinance amending the Metropolitan Code Section 8.04.140 regarding the disposition of unlicensed dogs. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1797

An ordinance approving an Edward Byrne Memorial Formula Grant in an amount not to exceed $74,625 from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting through the Department of Justice Information Systems for the Davidson County CJIS Justice Wide Imaging Project. The bill was approved by the Budget and Finance Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1798

An ordinance approving a grant in an amount not to exceed $279,186 from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting through the 20th Judicial District Attorney General's Office for the Criminal Case Processing Fast Track Initiative. The bill was approved by the Budget and Finance Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1799

An ordinance approving a technical assistance grant from the State Justice Institute to The Metropolitan Government of Nashville and Davidson County acting through the Metropolitan General Sessions Court for the mental health jail diversion project. The bill was approved by the Budget and Finance Committee. Mr. Fentress 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1800

An ordinance approving a grant from the State of Tennessee, Office of the Secretary of State, to The Metropolitan Government of Nashville and Davidson County, acting through the Public Library of Nashville and Davidson County, for the provision of support for the Telinet interlibrary loan program. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1801

An ordinance approving a grant in an amount not to exceed $92,226 from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the Stop the Violence Against Women Grant Project. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1802

An ordinance approving a contract between The Metropolitan Government of Nashville and Davidson County and Siemens Building Technologies, Inc., for energy audits and consultant services to increase the energy efficiency of buildings owned by the Metropolitan Government. The bill was approved by the Budget and Finance Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

BILL NO. O99-1803

An ordinance approving an agreement relating to the development, management and application of floodplain and floodway data for the Cumberland River Corridor in Davidson County between the Federal Government, Department of the Army, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Board Parks and Recreation. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Stanley 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, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Clifton, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned.