Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, December 18, 2012


The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilman Sean McGuire.

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: Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell and Neighbors (39); Absent: Anthony Davis, Duvall (2).

The Minutes of the regular meeting of December 4, 2012, were approved.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2012-516

A Resolution authorizing the execution, terms, issuance, sale and payment of general obligation refunding bonds in one or more series in an aggregate principal amount of not to exceed $370,000,000. The resolution was approved by the
Budget and Finance Committee.

RESOLUTION NO. RS2012-517

A resolution approving agreements between the Tennessee Valley Authority, the Electric Power Board of the Metropolitan Government of Nashville and Davidson County, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of General Services for the purchase, interconnection and parallel operation of electricity generated by solar units. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-518

A resolution approving Amendment Three to a grant from the Southeast Energy Efficiency Alliance to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Environment and Sustainability, to increase residential energy efficiency building retrofits which include financial incentives to homeowners and community outreach programs. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-519

A resolution appropriating the amount of $3,842,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-520

A resolution approving an interlocal agreement between The Metropolitan Government of Nashville and Davidson County, the Electric Power Board of the Metropolitan Government, and the City of Mt. Juliet for access to 800-MHZ system for emergency radio dispatching and response. The resolution was approved by the Budget and Finance Committee and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-521

A resolution approving an intergovernmental agreement by and between the Federal Bureau of Investigation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, regarding the Nashville Violent Crime Gang Task Force. The resolution was approved by the Budget and Finance Committee and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-524

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real properties known as Map 069-04 Parcel Nos. 234.00, 236.00, 237.00, 238.00 and 239.00 and part of Map 069-08 Parcel 001.00 for recreational use in the parks system (Proposal No. 2013M-002PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-525

A resolution accepting a PPFG Tennessee Civil War Crossroads Grant from Middle Tennessee State University to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, for the design and printing of a civil war heritage tourism brochure titled Tennessee Civil War Crossroads: Nashville’s Civil War Story. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-526

A resolution accepting a PPFG Fort Negley Historic Structure Grant from Middle Tennessee State University to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission, to complete an historic structures report for Fort Negley. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-527

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to focus on the target area of parks and recreation from Tennessee’s “Eat Well, Play More” Plan to increase healthy food and beverage options. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-528

A resolution approving Amendment One to a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines at congregate meal sites, meal delivery services, and transportation to eligible seniors and handicapped residents. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-529

A resolution approving a memorandum of understanding by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the Metropolitan Nashville Hospital Authority to make available to potentially eligible individuals who receive inpatient or outpatient prenatal or postpartum services information about WIC program benefits and how to apply for those benefits. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-530

A resolution approving an amendment to the Recycling Service Agreement between the Metropolitan Government of Nashville and Davidson County and QRS, Inc., approving the assignment of that contract from QRS, Inc. to Waste Management of Tennessee, Inc. The resolution was approved by the Budget and Finance and Public Works Committees.

RESOLUTION NO. RS2012-531

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to provide funds for the Incumbent Worker Training Program to eligible companies in Local Workforce Investment Area Nine (LW09F131IWRSP13). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

RESOLUTION NO. RS2012-532

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Raymond Chandler against the Metropolitan Government of Nashville and Davidson County in the amount of $13,000.00, and that said amount be paid out of the self-insured liability fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-533

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Luquetta A. Ferby against the Metropolitan Government of Nashville and Davidson County in the amount of $15,000.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-534

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Tiffany N. Jones against the Metropolitan Government of Nashville and Davidson County in the amount of $10,500.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-535

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of the Nashville Electric Service against the Metropolitan Government of Nashville and Davidson County in the amount of $106,144.03, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Steine moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (38); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2012-522

A resolution authorizing the Director of Public Property, or his designee, to exercise options to purchase real property (Map 150-00 Parcels 048.00 and 208.00) for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2012M-035PR-001). The resolution was approved by the Planning Commission. The Budget and Finance, Education and Planning, Zoning and Historical Committees recommended indefinite deferment. Mr. Bedne moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2012-523

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property for use as park land (2013M-001PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Claiborne moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-332

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to reflect changes in emergency towing costs. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Safety-Beer and Regulated Beverages and Traffic, Parking and Transportation Committees by a voice vote of the Council.

BILL NO. BL2012-333

An ordinance amending Chapters 15.12, 15.16, 15.32, 15.44 and 15.48 of the Metropolitan Code of Laws relative to work performed in the public right-of-way, private service line insurance, charges for disconnection of service, reconnection of service, returned checks, net and gross billing procedures and charitable discounts. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2012-334

An ordinance amending Metropolitan Code Section 13.08.040 to restrict vendors permitted under that section from vending on public rights of way closed for the purpose of any special event for which the metropolitan government has given its official written permission during the limited period of time specified for the special event and within the area covered by the special event permit, unless they have the permission of the special event permit holder. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2012-335

An ordinance approving an agreement granting Vanderbilt University’s LifeFlight and Police Department access to the 800-MHZ system for public safety and emergency services purposes. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2012-336

An ordinance providing the honorary designation of “Riverside Memorial Boulevard” for Riverside Drive in East Nashville from Shelby Park to its terminus. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2012-337

An ordinance amending Section 17.16.210 of the Metropolitan Code, Zoning Regulations, to modify the distance requirements for construction/demolition landfills (Proposal No. 2013Z-002TX-001). Ms. Weiner moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2012-283

An ordinance amending Title 6 of the Metropolitan Code pertaining to the permitting of commercial solicitors and the establishment of a no solicitation list. Mr. Claiborne offered a substitute ordinance and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2012-283

An ordinance amending Title 6 of the Metropolitan Code pertaining to the permitting of commercial solicitors and the establishment of a no solicitation list. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-284

An ordinance amending Chapter 12.13 of the Metropolitan Code pertaining to the use of speed cushions as part of the neighborhood traffic management program. The bill was disapproved by the Budget and Finance and Public Works Committees; the Traffic and Parking Committee recommended indefinite deferment. Mr. Stanley moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-292

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Sections 17.04.060 and 17.16.250 pertaining to recording studios as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2012Z-024TX-001). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment. Ms. Barry moved to defer the bill to the second meeting in January, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-315

An ordinance amending section 4.46.060 of the Metropolitan Code pertaining to the Procurement Nondiscrimination Program to change the frequency of benchmarking. The bill was approved by the Budget and Finance Committee. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-320

An ordinance amending Section 3.24.010 of the Metropolitan Code pertaining to health insurance benefits for Members of Council after they leave office. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by the following vote of the Council: “Ayes” Barry, Steine, Garrett, Tygard, Banks, Scott Davis, Westerholm, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Allen, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Todd, Mitchell (25); “Noes” Maynard, Matthews, Harrison, Hunt, Bennett, Pardue, Moore, Gilmore, Evans, Johnson, Potts, Bedne, Dowell (13).

BILL NO. BL2012-321

An ordinance approving an Agreement by and between the Metropolitan Government, acting by and through its Department of Public Works and CSX Transportation, Inc. for the engineering, installation, and maintenance of a preemption interconnection device at the intersection of Vaughn’s Gap Road and SR 100. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-322

An ordinance authorizing the granting of a permanent easement to Piedmont Natural Gas Co. on certain property owned by the Metropolitan Government (Tax Map 085-00-0 Parcel 001.00) and presently used as Heartland Park (Proposal No. 2012M-037ES-001). The bill was approved by the Planning Commission; Budget and Finance; Parks, Library and Recreation; Public Works and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-323

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2012M-001OT-001 ). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-324

An ordinance providing the honorary designation of “Musicians Way” for Gay Street between James Robertson Parkway and Fifth Avenue North. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-325

An ordinance granting a franchise to Nashville Data Link, Inc., to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2012M-023EN-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Claiborne 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. BL2012-301

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 a portion of the Nashboro Village Planned Unit Development Overlay District for a portion of property located at Nashboro Boulevard (unnumbered), at the southeast corner of Nashboro Boulevard and Flintlock Court, zoned R10 (4.48 acres), to permit an assisted/independent living facility and multifamily residential townhome uses not to exceed two stories, where 144 multifamily units in two six-story buildings was previously approved, all of which is described herein (Proposal No. 74-79P-010). The bill was disapproved by the Planning Commission as submitted, approved with amendments; the Planning, Zoning and Historical Committee voted to adopt the Planning Committee recommendation. Ms. Johnson moved to pass the bill on third reading, which motion was seconded and failed by the following vote: “Ayes” Maynard, Matthews, Pridemore, Pardue, Stanley, Tenpenny, Moore, Allen, Gilmore, Langster, Evans, Holleman, Dominy, Johnson, Potts, Bedne, Dowell, Todd (18); “Noes” Barry, Steine, Garrett, Tygard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Jernigan, Glover, Stites, Claiborne, Baker, Weiner, McGuire, Harmon, Blalock, Mitchell (20).

BILL NO. BL2012-303

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 a portion of the Nashboro Village Planned Unit Development Overlay District for property located at Nashboro Boulevard (unnumbered), east of Murfreesboro Pike, zoned RM6 (1.70 acres), to add conditions applicable to the daycare facility use already approved for the property, all of which is described herein (Proposal No. 74-79P-011). The bill was approved by the Planning Commission with amendments, disapproved without; the bill was approved by the Planning, Zoning and Historical Committee. Ms. Johnson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Johnson moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2012-306

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 a portion of the Stammer Park SP for properties located at 2121 and 2123 Hobbs Road and at 4213, 4215, 4217, 4219, 4221, 4223, 4225, 4227 and 4227 B Stammer Place, at the southwest corner of Hobbs Road and Stammer Place (2.34 acres), to permit detached units, all of which is described herein (Proposal No. 2005SP-099-001). The bill was approved by the Planning Commission with conditions and disapproved without; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Todd moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (38); “Noes” (0).

BILL NO. BL2012-307

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 RS15 to AR2a zoning for property located at 931 Old Lebanon Dirt Road, approximately 650 feet north of N. New Hope Road (6.0 acres), all of which is described herein (Proposal No. 2012Z-025PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Glover moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-308

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 R8 to RS5 zoning for property located at 906 Acklen Avenue, approximately 460 feet west of Wedgewood Avenue (0.25 acres), all of which is described herein (Proposal No. 2012Z-021PR-001). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment. Ms. Moore moved to defer the bill, the bill being requested by Kudzu Real Estate, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-309

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 MUL to SP zoning for property located at 100 Iris Avenue, at the northeast corner of Iris Avenue and Old Hickory Boulevard (0.24 acres), to permit all uses of the MUL zoning district and new and used tire sales, all of which is described herein (Proposal No. 2012SP-030-001). The bill was disapproved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment. Mr. Jernigan moved to defer the bill, the bill being requested by Jean Y. Oatsvall, Trustee and the Metropolitan Planning Department, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-310

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 and RS10 to SP zoning for properties located at 1719 and 1725 Glen Echo Road and at Glen Echo Road (unnumbered), approximately 500 feet east of Hillmont Drive (4.31 acres), to permit up to 15 single-family lots, all of which is described herein (Proposal No. 2012SP-022-001). The bill was approved by the Planning Commission with conditions, disapproved without. The Planning, Zoning and Historical Committee recommended deferment. Mr. McGuire moved to defer the bill, the bill being requested by Barlow Builders, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-311

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 RS10 to SP zoning for property located at 2901 Tuggle Avenue, at the southwest corner of Tuggle Avenue and Thompson Lane (0.27 acres), to permit a single-family residential unit and/or general office uses, all of which is described herein (Proposal No. 2012SP-025-001). The bill was approved by the Planning Commission with conditions, disapproved without. The bill was approved by the Planning, Zoning and Historical Committee. Mr. Tenpenny moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-312

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Automobile Convenience” as use permitted with conditions (PC) in the IWD, IR and IG zoning districts (Proposal No. 2012Z-023TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (37); “Noes” (0).

BILL NO. BL2012-313

An ordinance amending Section 17.40.010 of the Metropolitan Code of Laws to require construction, application and enforcement of the zoning code in accordance with federal law (Proposal No. 2012Z-025TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-314

An ordinance amending the Metropolitan Employee Benefit System to provide a retirement incentive to employees of the Metropolitan Government who otherwise qualify for retirement as of February 28, 2013. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Mr. Banks moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (36); “Noes” (0).

BILL NO. BL2012-316

An ordinance approving the Metropolitan Government to acquire permanent and temporary easements for the Primrose Circle Stormwater Improvement Project on seven (7) properties located along Primrose Circle (Project No. 13-SWC-0026) (Proposal No. 2012M-032ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Allen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (33); “Noes” (0).

BILL NO. BL2012-317

An ordinance approving the Metropolitan Government to abandon approximately 135 feet of an 8 inch public sewer main with one manhole and to accept approximately 150 feet of an 8 inch public sewer main with three manholes for Project No. 10-SL-0167 on property located at 113 Page Road (Proposal No. 2012M-027ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Potts moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (33); “Noes” (0).

BILL NO. BL2012-318

An ordinance approving a lease agreement between the Metropolitan Development and Housing Agency and the Metropolitan Government for use of portions of the facilities located at Levy Place Housing Development (Proposal No. 2012M-033PR-001). The bill was approved by the Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Scott Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (33); “Noes” (0).

BILL NO. BL2012-319

An ordinance approving a lease agreement between the Metropolitan Development and Housing Agency and the Metropolitan Government for use of portions of the facilities located at J. Henry Hale Housing Development (Proposal No. 2012M-034PR-001). The bill was approved by the Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Bennett, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Potts, Bedne, Dowell, Todd, Mitchell (33); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.