Metro Seal

M I N U T E S

Metropolitan Council Meeting

Tuesday, August 17, 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 Jerry Graves.

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

The roll was called and the following members were present during the progress of the meeting: Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver, and President West (39); Absent: Johns, Hollis (2).

The Minutes of the regular meeting of August 3, 1999 were approved.

- ELECTIONS AND CONFIRMATIONS -

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

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 2.124.010 of the Metropolitan Code of Laws, I hereby appoint, subject to your confirmation, as a member of the Convention Center Commission, the following eligible, qualified person:

Ms. Deb McDermott, 438 Royal Oaks Drive, Nashville TN 37205.

This term will expire on June 7, 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 Ms. McDermott to the Convention Center Commission. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.

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

Dear Vice Mayor West and Members of the Council:

Pursuant to Substitute Resolution SR99-1412, I hereby appoint, subject to your confirmation, as a member of the Hospital Authority, the following eligible, qualified person:

Ms. Gwendolyn Davis, 2556 Johnson Ridge Road, Antioch, TN 37013.

Ms. Davis will replace Ms. Elliott, who recently resigned. Her term will expire on November 1, 2003.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

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

Dear Vice Mayor West and Members of the Council:

Pursuant to Substitute Resolution SR99-1412, I hereby appoint, subject to your confirmation, as a member of the Hospital Authority, the following eligible, qualified person:

Ms. Janet L. Jones, 3608 Benham Avenue, Nashville TN 37215.

Ms. Jones will replace Ms. Butler as the registered nurse on the board. Her term will expire on July 11, 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 appointments of Ms. Davis and Ms. Jones to the Hospital Authority. 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 appoint, subject to your confirmation, as a member of the Social Services Commission, the following eligible, qualified person:

Father Charles Strobel, P O Box 25309, Nashville TN 37202-5309.

Father Strobel will replace Reverend Barnes, who recently resigned. This term will expire on April 3, 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 Father Strobel 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 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:

Ms. Marian Ott, 408 W. Hillwood Drive, Nashville TN 37205.

Ms. Ott will replace Mr. Nance. This term will expire on May 1, 2001.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the appointment of Ms. Ott 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. R99-1611

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. R99-1615

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 resolution was approved by the Public Works Committee. Mr. Hall requested permission to withdraw the resolution, which permission was granted by the unanimous vote of the Council.

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 resolution was approved by the Budget and Finance Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "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 resolution was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority 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, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "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 bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees. Mr. Ponder moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1650

A resolution expressing the support of the Metropolitan Council for increased recycling programs for the citizens of Nashville and Davidson County. Mr. Ferrell offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. SR99-1650

A substitute resolution expressing the support of the Metropolitan Council for increased recycling programs for the citizens of Nashville and Davidson County. The substitute resolution was approved by the Rules-Confirmations-Public Elections-Aviation and Public Works Committees. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1651

A resolution setting the official bond amount of the public guardian, public trustee and public administrator. The resolution was approved by the Budget and Finance Committee. Mr. Fentress moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1652

A resolution amending the 1999-2000 Capital Improvements Budget (Ordinance No. 099-1675) to add a new State Trial Court project. The resolution was approved by the Planning Commission, Budget and Finance and Planning, Zoning, Historical and Port Authority Committees. Mr. Fentress moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Alexander, Jenkins, Turner, Fentress, Lineweaver (35); "Noes" (0); "Abstaining" Armistead, Nollner, Holloway (3).

RESOLUTION NO. R99-1653

A resolution amending the 1999-2000 Capital Improvements Budget (Ordinance No. 099-1675) to change information regarding the timing and source of funding for a Fire Department project. The resolution was approved by the Planning Commission, Budget and Finance, Public Safety-Beer, Wine and Whiskey and Planning, Zoning, Historical and Port Authority Committees. Mr. Fentress moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (33); "Noes" (0); "Abstaining" Armistead, Steine, Nollner, Dale, Hall (5).

RESOLUTION NO. R99-1654

A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $6,500,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds to replace the McCabe Golf Course Clubhouse, Project No. 99PR014, 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. Mr. Fentress offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. SR99-1654

A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $650,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds to replace the McCabe Golf Course Clubhouse, Project No. 99PR014, 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 substitute resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Fentress moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1655

A resolution approving an amendment to the Intergovernmental Agreement (Hospital Authority) authorized by the Metropolitan Council in Substitute Resolution No. SR99-1413 allowing the Metropolitan Government to ask the Hospital Authority to perform additional duties for which the funding for the Hospital Authority will be increased. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Fentress moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1656

A resolution exempting the Criminal Court Drug Court and the Hill Detention Center from the requirements of Title 17 of the Metropolitan Code of Laws. Mr. Waters requested permission to withdraw the resolution, which permission was granted by the unanimous vote of the Council.

RESOLUTION NO. R99-1657

A resolution authorizing the Metropolitan Mayor to enter into Agreement No. CSX-035898 with CSX Transportation for Metro’s Project No. 98-WG-4B, Antioch Pike 12" Water Main. 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, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1658

A resolution authorizing Post-Amerus Bennie Dillon, L.P. to install, construct and maintain for the Bennie Dillon Building located at 700 Church Street seven window awnings on 7th Avenue North encroaching 4 feet and over the public sidewalk at a height of 8 feet above the sidewalk and five window awnings on Church Street encroaching 4 feet over the public sidewalk at a height of 9 feet above the sidewalk and one doorway awning facing Church Street and encroaching approximately 7’6" over the public sidewalk at a height of 9 feet above the sidewalk (Proposal No. 99M-103U), all of which is more particularly described herein. The resolution was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Sloss moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1659

A resolution authorizing W. L. Horn, Est. to install, construct and maintain a 7 foot tall, 19’6" wide awning encroaching 3’ over the public sidewalk at a height of 10 feet above the sidewalk for Austin’s Hallmark Shop located at 246 5th Avenue North, (Proposal No. 99M-105U), all of which is more particularly described herein. The resolution was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Sloss moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1660

A resolution authorizing Jerry L. McCloud to install, construct and maintain a sign measuring 5’0" in width by 12’0" in length extending 5’0" over the public sidewalk at a height of 20’ above the sidewalk at 128 Second Avenue North for Riverview Restaurant, (Proposal No. 99M-118U), all of which is more particularly described herein. The resolution was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Sloss moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1661

A resolution adding the architectural and/or engineering firms of Wallace Roberts & Todd, Ritchie Smith Associates, EDSA, and Moody/Nolan Ltd., Inc. to the master list of architects and engineers, which master list was approved by Resolution No. R94-1050. The resolution was approved by the Public Works Committee. Mr. Fentress moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

Without objection the rules were suspended for consideration of seven (7) late resolutions.

RESOLUTION NO. R99-1662

A resolution honoring James L. Murphy III upon his retirement from service with the Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Fentress moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1663

A resolution honoring former Councilman Charles Tygard for his role in helping create the Greenways system. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1664

A resolution recognizing Police Officer John Baugher, Police Officer Diana McCoy, Police Lieutenant Melvin Brown, and Firefighter Mike Erdelyan for their outstanding competition in the 1999 World Police & Fire Games. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Ms. Patton moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1665

A resolution honoring paralegals and proclaiming Friday, September 24, 1999, as "Paralegal Day" in Metropolitan Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Ferrell moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1666

A resolution honoring Mr. Case White on the occasion of becoming an Eagle Scout. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. French moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1667

A resolution recognizing Shelly Reisman Paine for her outstanding contributions to Metropolitan Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Clifton moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1668

A resolution authorizing the issuance of General Services District Capital Outlay Notes in an amount not to exceed $300,000 of The Metropolitan Government of Nashville and Davidson County for the purpose of providing funds for the traffic calming – pilot program (97TP005), 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. Mr. Ponder moved that the Council act as the Committee of the Whole, which motion was seconded and adopted without objection. Mr. Kleinfelter moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

- 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 CL 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. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dillard 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, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (34); "Noes" (0); "Abstaining" Waters, Nollner, French, Arriola (4).

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 requested permission to withdraw 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 requested permission to withdraw 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. 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 requested permission to withdraw 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 requested permission to withdraw the bill, the bill being requested by Jack L. Jenkins, which motion was seconded and adopted by a voice vote of the Council.

Mr. Crafton requested permission at this time to call up Bill No. O99-1629, which was not on the agenda, which permission was granted by the unanimous vote of the Council.

BILL NO. O99-1629

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 R15 District to RM6 District property at Charlotte Pike (unnumbered), located at the southeast corner of Sawyer Brown Road and Charlotte Pike, (4.77 acres), (Proposal No. 99Z-045G), 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. Crafton filed a document for the record. Mr. Crafton moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (37); "Noes" (0); "Abstaining" Nollner (1).

At this time the regular order of business was resumed.

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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Lineweaver moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Ferrell, Patton, Nollner, Majors, Beehan, Campbell, Hart, Dillard, Garrett, French, Dale, Graves, Douglas, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Turner, Fentress, Lineweaver (29); "Noes" Ponder (1); "Abstaining" Steine, Waters, Black, Harrison, Wooden, Stanley, Clifton, Jenkins (8).

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 pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Ponder, French, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Sontany, Hall, Holloway, Alexander, Turner, Fentress, Lineweaver (31); "Noes" (0); "Abstaining" Black, Nollner, Majors, Wooden, Stanley, Arriola, Jenkins, (7).

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 approved by the 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, Garrett, Ponder, French, Dale, Graves, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Fentress, Lineweaver (30); "Noes" (0); "Abstaining" Black, Dillard, Wooden, Stanley, Douglas, Clifton, Jenkins, Turner, (8).

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 and Planning, Zoning, Historical and Port Authority Committee. Mr. Kleinfelter moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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; the Planning, Zoning, Historical and Port Authority Committee approved the bill with an amendment. Mr. Kleinfelter offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Kleinfelter moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 requested permission to withdraw the bill, the bill being requested by Gerald Anderson, which permission was granted by the unanimous 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 requested permission to withdraw the bill, the bill being requested by Gerald Anderson, which permission was granted by the unanimous 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 and Planning, Zoning, Historical and Port Authority Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 disapprove the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

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 237 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, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Mr. Sloss moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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

SUBSTITUTE BILL NO. SO99-1758

A substitute 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 substitute 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. Sloss moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Armistead, Steine, Waters, Patton, Nollner, Majors, Campbell, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Turner, Fentress, Lineweaver (29); "Noes" (0); "Abstaining" Varallo, Ferrell, Black, Harrison, Beehan, Hart, Graves, Alexander, Jenkins (9).

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 under the railroad tracks between Nestor Street and Willow Street (Proposal No. 99M-102U), all of which is more particularly described herein. The bill was approved by the Public Works Committee; disapproved by the Planning Commission, Traffic and Parking Commission, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committee. Mr. Dale moved to disapprove the bill on third reading, 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 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. Crafton moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Dale moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 the Budget and Finance Committee. Mr. Waters moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 the Budget and Finance Committee. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 and the Budget and Finance Committee. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

SUBSTITUTE BILL NO. SO99-1814

An ordinance to amend Title 6, Chapter 6.54 of the Metropolitan Code of Laws concerning sexually oriented businesses. The bill was approved by the Public Safety-Beer, Wine and Whiskey and Health, Hospitals and Social Services Committees. Mr. Ferrell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 disapproved by the Traffic and Parking Commission; approved by the Traffic and Parking and Public Safety-Beer, Wine and Whiskey 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, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Holloway, Jenkins, Turner, Fentress (34); "Noes" (0); "Abstaining" Black, Hall, Alexander, Lineweaver (4).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 disapproved by the Planning Commission; approved by the Public Works Committee; approved by the Planning, Zoning, Historical and Port Authority Committee with an amendment. 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, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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, 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, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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; disapproved by the Traffic and Parking Commission, Public Works and Traffic and Parking Committees. Mr. Haddox moved to disapprove the bill on third reading, 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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees. 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, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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. Mr. Waters requested permission to withdraw the bill, which permission was granted by the unanimous 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 third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 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, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Graves moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

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 Drive, 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 Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Armistead moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

Mr. Douglas moved that all Resolutions and Ordinances still pending at this time be withdrawn, which motion was seconded and adopted by a unanimous vote of the Council. The Resolutions and Ordinances withdrawn are as follows:

 

RESOLUTIONS

R95-102 SR96-537 R97-845 R99-1458
R95-103 SR96-538 R97-873 R99-1474
R95-104 R97-553 R97-877 R99-1481
R95-119 R97-592 R98-1014 R99-1508
R95-130

R97-630

R98-1086 R99-1611
R96-413 R97-632 R98-1161 R99-1613
R96-443

R97-718

R98-1230

R96-536 R97-739 R98-1327

 

ORDINANCES

O95-17 O96-596

O97-1012

O99-1523

O95-26 O97-619 O98-1036 O99-1527
O95-54

O97-625

O98-1061 O99-1536
O95-64 O97-640 O98-1094 O99-1545
O95-152 O97-641 O98-1095 O99-1574
O96-210 O97-642 O98-1135 O99-1580

O96-211

O97-643 O98-1167 O99-1585
O96-214 O97-655 O98-1168

O99-1589

O96-227 O97-743

O98-1183

O99-1613
O96-240 O97-744 O98-1184 O99-1619
O96-253

O97-766

O98-1192 O99-1627
O96-255 O97-767 O98-1205 O99-1648
O96-266 O97-768 O98-1220 O99-1650
O96-293 O97-769 O98-1246 O99-1661
O96-316 O97-774

O98-1340

O99-1702
O96-357 O97-795 O98-1349

O99-1703

O96-367 O97-809 O98-1350 O99-1727
O96-398 O97-811 O98-1370 O99-1733
O96-399 O97-900 O98-1405 O99-1734
O96-404 O97-902 O98-1416 O99-1735
O96-412 O97-906 O98-1443 O99-1739
O96-414

O97-921

O98-1444 O99-1755
O96-484 O97-922 O98-1446 O99-1766

O96-513

O97-936 O98-1471 O99-1792
O96-544 O97-953 O98-1485
O96-554 O97-990 O98-1489
O96-594 O97-998 O99-1504

 

Mr. Douglas moved that the Council adjourn sine die and that the President be authorized to sign the Minutes of the meeting of August 17, 1999, which motion was seconded and adopted by a unanimous vote of the Council.

Upon motion duly seconded, the meeting was adjourned.