City Council

June 15, 2017 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its regular meeting place in the Council Chambers at City Hall at 7:00 p.m. on Thursday, June 15, 2017, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade The following representatives of the City were also present: Robert J. Lyons, City Manager James Crumley, Assistant City Manager Melissa Wright, City Recorder/Finance Director Erin Tucker, Assistant Finance Director Craig Tindall, City Attorney David Ives, Assistant City Attorney Gary Whitaker, Planning Director Chris Lilly, Information Technology Director Donald Anthony, Principal Planner Karl Durr, Chief of Police Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Eddie Smotherman commenced the meeting with a prayer followed by the Pledge of Allegiance. Mayor McFarland stepped down to the podium to recognize the entrepreneurial spirit represented by the core of local independent businesses in this community by reading a Proclamation declaring the week of July 1-7, 2017 as “Independents Week”. The Consent Agenda was presented to the Council for approval: 1) Letter of recommendations from the Chief of Police: Payment of Annual Prisoner Processing Agreement with R.C.S.O. 2) Letter of recommendations from the City Recorder/Finance Director: Acknowledgement of Receipt of City Manager’s approved Budget Amendments for Fiscal Year 2017. 3) Letter of recommendations from the Transportation Director: A. Master Service Agreement with Ragan Smith Associates, Inc. for Professional Services. B. Contract with Regional Transportation Authority (RTA) for Provision of Transit Services for FY 2018. 4) Letter of recommendations from the Solid Waste Director: Contract with Jani-King of Nashville for cleaning services for selected City Departments. 5) Letter of recommendations from the Parks & Recreation Director: Murfreesboro Miracle Field Rental Fee and Policy. 6) Letter of recommendations from the Senior Center Director: Greater Nashville Regional Council (GNRC) Contract 2018-23. (Insert letters from the Chief of Police, City Recorder/Finance Director, Transportation Director, Solid Waste Director, Parks & Recreation Director and Senior Center Director here.)  June 15, 2017 Page 2 Mr. Shacklett made a motion to approve the Consent Agenda in its entirety. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing and consider for approval a Certificate of Compliance for Retail Liquor Store for Adel Mankarious, Top Shelf Liquors, 2122 D & E North Thompson Lane. The City Recorder/ Finance Director said this application is for a new owner and new location. The current location is in one suite and the new owner is expanding the business to the suite next door which is a new address. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against a Certificate of Compliance for Adel Mankarious at Top Shelf Liquors do so at this time. There was no one present who wished to speak for or against the Certificate of Compliance and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Wade made a motion to approve a Certificate of Compliance for Retail Liquor Store for Adel Mankarious, Top Shelf Liquors, 2122 D & E North Thompson Lane. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the public hearing to consider The Cove at Oaklands PRD had been withdrawn. A letter was submitted for the record from Mr. Clyde Rountree, Huddleston-Steele Engineering, Inc., stating that, on behalf of his client, Brian Burns, they were withdrawing the public hearing for The Cove at Oaklands PRD to allow Griggs and Maloney Engineering time to devote more study to wetland issues on subject property. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-22 adopted by the City Council on May 18, 2017, to consider rezoning approximately 22.5 acres along New Salem Highway from Residential Multi-Family Sixteen (RM-16) District to Planned Residential Development (PRD) District (Bell Tower Apartments PRD); Castle Construction Co., applicant [2017-409]. Notice of said public hearing was published in the May 29, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the unanimous recommendation of the Planning Commission to approve the rezoning request for subject property to Planned Residential Development (PRD) District for development of the Bell Tower Apartments. The 22.5 acres is a portion of the Myrtle Bell property which was recently master planned in 2015. The PRD would include a 384-unit multi-family residential development with a gross  June 15, 2017 Page 3 density of 17 units per acre which would be divided amongst seven (7) separate apartment buildings, each reaching four (4) stories in height. Included in the master plan is a road that will be constructed to promote internal circulation when this development is completely built out. This specific project will not tie into any neighboring subdivisions or streets other than New Salem Highway. The Murfreesboro 2035 Plan, which has not presently been adopted, shows this area as being appropriate for multi-family housing, and this request appears to be consistent with that plan. Mr. Matt Taylor, SEC, Inc., gave a presentation on the proposed development which is located on the north side of New Salem Highway, between St. Andrews Drive and Cason Lane. The request for rezoning to PRD is to allow a fourth story for elevators in this development. Mr. Rory McLean, developer for Castle Construction Co., Inc., Mr. Anthony (Toni) Hiti, Architect, HDS Architecture, and Mr. John Harney, Agent with Park Trust, were present. Mr. Taylor addressed questions from Council regarding density. The City Attorney addressed the moratorium currently in effect on multi-family housing and new zoning. This request is for a PRD which is consistent with the existing zoning and does not follow the moratorium. Mayor McFarland addressed standards for multi-family units regarding monitored parking and security measures. Mr. Rory McClain, Castle Construction Company, indicated there would be security cameras in place with monitoring within the security system itself. There were no other questions. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 22.5 acres located along New Salem Highway to Planned Residential Development (PRD) District do so at this time. Ms. Chrysay Davis, 3336 Berryside Drive, spoke on behalf of herself and the neighbors of Salem Cove Crossing Subdivision which is adjacent to the proposed Bell Tower Apartments. The purpose of the rezoning to PRD is to allow the addition of the fourth story for seven buildings. There are already 5,000 apartment units built or under construction from SR 99 Interchange to Veterans Parkway in the St. Andrews Drive area and this proposed rezoning would add another 106 units with the addition of the fourth story. Council was asked to limit this development to three stories and reject the proposed rezoning request. Mr. Jake Burkhalter, Roxbury Drive, came to address the public hearing for the The Cove at Oaklands; however, he did not realize it had been withdrawn from the agenda. There were no others present who wished to speak for or against the proposed rezoning along New Salem Highway and, after ample time had been given, Mayor McFarland declared the public hearing closed.  June 15, 2017 Page 4 An ordinance, entitled “ORDINANCE 17-OZ-22 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 22.5 acres along New Salem Highway from Residential Multi-Family Sixteen (RM-16) District to Planned Residential Development (PRD) District (Bell Tower Apartments PRD); Castle Construction Co., applicant [2017-409],” was read to the Council and offered for passage on first reading. Mr. Matt Taylor addressed questions from the public hearing noting that the buildings had been set back 300+ feet from the property line closest to the subdivision to the northwest. Comments from Council addressed changing buildings in Phase 2 to three stories, specific security plan, and ingress/egress. Mr. Taylor indicated he would consult these issues with the landowner as she is very interested in taking whatever measures necessary to ensure that this is a quality development for a long time. He suggested that Council defer first reading until they can bring back an action plan on the security measures. Mr. Smotherman made a motion to defer ORDINANCE 17-OZ-22 on first reading. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-24 adopted by the City Council on May 18, 2017, to consider amending Murfreesboro City Code, Appendix A-Zoning, pertaining to motor vehicle sales and planned sign overlay; Planning Staff, applicant [2017-805]. Notice of said public hearing was published in the May 29, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the proposed revisions to Appendix A-Zoning, pertaining to motor vehicle sales, and the Assistant City Attorney presented revisions to planned sign overlay. The amendments to Appendix A-Zoning were unanimously approved by the Planning Commission. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Zoning Ordinance amendments do so at this time. There was no one present who wished to speak for or against the amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-O-24 amending Murfreesboro City Code, Appendix A-Zoning, Section 2, Interpretation and Definitions; Section 9, Standards for Special Permit Uses; Section 24, Article IV, Planned Signage Overlay District; and Chart 1, Uses Permitted by Zoning District, pertaining to motor vehicles sales and planned sign  June 15, 2017 Page 5 overlay; Murfreesboro Planning and Legal Departments, applicants [2017-805],” was read to the Council and offered for passage on first reading upon motion made by Mr. LaLance, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-25 adopted by the City Council on May 18, 2017, to consider amending Murfreesboro City Code Appendix A-Zoning, Section 9, Standards for Special Use Permits; Section 13, Planned Development Regulations; Section 14, Districts Established; Section 14A, Amenity Incentives for Multiple-Family Developments in the Multiple-Family Residential Districts; Section 19, Residential Districts; Section 24, Overlay District Regulations; Section 25, Temporary and Accessory Structures and Uses; Section 26, Off-Street Parking, Queuing, and Loading; Section 27, Landscaping and Screening; Chart 1, Uses Permitted by Zoning District; Chart 2, Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios; Chart 4, Required Off-Street Parking and Queuing Spaces by Use; Table 1, Adjacent and Proposed Zoning Districts; and Table 2, Buffer Zone Requirements; pertaining to single-family and multi-family housing; City of Murfreesboro Planning Department, applicant [2017-806]. Notice of said public hearing was published in the May 29, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner presented the proposed Zoning Ordinance amendments regarding Multi-Family Residential Zoning, compact Single-Family Residential Zoning and buffer and open space requirements. He noted that, in a previous work session, Council requested that the number of units be capped at 100; however, the Planning Commission recommended 250. These amendments were unanimously approved by the Planning Commission. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to Appendix A-Zoning, Sections 9, 13, 14, 14A, 19, 24, 25, 26, 27, Chart 1, 2 & 4, and Table 1 & 2 do so at this time.  June 15, 2017 Page 6 Mr. John Floyd, 1610 Georgetown Lane, supported the new zoning for Single-Family Residential Six (R-6) District. Mr. Matt Taylor, SEC, Inc., generally supported the proposed amendments which would provide a better end-product. There were no others present who wished to speak for or against the proposed Zoning Ordinance amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-O-25 amending Murfreesboro City Code Appendix A-Zoning, Section 9, Standards for Special Use Permits; Section 13, Planned Development Regulations; Section 14, Districts Established; Section 14A, Amenity Incentives for Multiple-Family Developments in the Multiple-Family Residential Districts; Section 19, Residential Districts; Section 24, Overlay District Regulations; Section 25, Temporary and Accessory Structures and Uses; Section 26, Off-Street Parking, Queuing, and Loading; Section 27, Landscaping and Screening; Chart 1, Uses Permitted by Zoning District; Chart 2, Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios; Chart 4, Required Off-Street Parking and Queuing Spaces by Use; Table 1, Adjacent and Proposed Zoning Districts; and Table 2, Buffer Zone Requirements; pertaining to single-family and multi-family housing; City of Murfreesboro Planning Department, applicant [2017-806],” was read to the Council and offered for passage on first reading. Mr. LaLance made a motion to decrease the number of units from 250 to 100. Mr. Shacklett seconded the motion. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Shane McFarland Nay: Kirt Wade Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-26 adopted by the City Council on May 18, 2017, to consider amending Murfreesboro City Code, Chapter 25.2-Signs, Section 25.2-8, Conflicting Codes and Ordinances, and Section 25.2-23, Exemptions, regarding City property and athletic fields; Planning Staff, applicant [2017-804]. Notice of said public hearing was published in the May 29, 2017 issue of a local newspaper as follows: (Insert notice here.)  June 15, 2017 Page 7 The Assistant City Attorney presented the Sign Ordinance amendments regarding City property and athletic fields which was unanimously approved by the Planning Commission. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to Chapter 25.2-Signs do so at this time. There was no one present who wished to speak for or against the proposed amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-O-26 amending Murfreesboro City Code, Chapter 25.2-Signs, Section 25.2-8, Conflicting Codes and Ordinances, and Section 25.2- 23, Exemptions, regarding City property and athletic fields [2017-804],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 17-R-PH-27 adopted by the City Council on May 18, 2017, to consider amending Murfreesboro City Code, Appendix A-Zoning, Section 4, dealing with general plan and procedures; Planning Department, applicant [2017-807]. Notice of said public hearing was published in the May 29, 2017 issue of a local newspaper as follows: (Insert notice here.) Mr. Donald Anthony, Principal Planner, presented the Zoning Ordinance amendments to Section 4, Comprehensive Plan and Procedure. These amendments make that section more consistent with the wording and procedures set forth in State law, including the use of the term “general plan” which is the term used in Tennessee Code Annotated as well as other procedural requirements. The Planning Commission unanimously recommended approval of these amendments. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Zoning Ordinance amendments to Section 4 do so at this time. There was no one present who wished to speak for or against the  June 15, 2017 Page 8 proposed amendments and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 17-O-27 amending Murfreesboro City Code Appendix A-Zoning, Section 4, pertaining to general plan and procedure,” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. Smotherman. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter of recommendations from the Planning Commission was presented to the Council: (Insert letter dated June 7, 2017 here with regards to scheduling public hearings for zoning (PRD) along N. Tennessee Blvd (Brookwood Point PRD); rezoning (PRD) along White Poplar Crt (Poplar Grove PRD); zoning (CH) along Veterans Pkwy & Vaughn Rd; Annexation Plan of Services & Annexation Petition for 400 linear feet of Emery Rd ROW; PSO Amendment (St. Thomas Rutherford Hospital PSO); and zoning (PRD) along Jackson Alan Drive & Suzanne Landon Dr (The Villas at Regal Square PRD). The following RESOLUTION 17-R-PH-30 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-30 here to schedule a public hearing for July 13, 2017 to consider a proposed amendment to amend approximately 70.7 acres of Planned Signage Overlay (PSO) District located at 1700-1840 Medical Center Pkwy [2017-415]; St. Thomas Rutherford Hospital, applicant.) The following RESOLUTION 17-R-PH-31 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None  June 15, 2017 Page 9 (Insert RESOLUTION 17-R-PH-31 here to schedule a public hearing for July 20, 2017 to consider a proposed amendment to rezone approximately 13.9 acres along North Tennessee Blvd from Commercial Fringe (CF) District to Planned Residential Development (PRD) District (Brookwood Point PRD) [2017-416]; Ole South Properties, applicant.) The following RESOLUTION 17-R-PH-32 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-32 here to schedule a public hearing for July 20, 2017 to consider a proposed amendment to rezone approximately 7.2 acres along White Poplar Crt from Single-Family Residential Fifteen (RS-15) District to Planned Residential Development (PRD) District (Poplar Grove PRD) [2017-402]; Richard Reeves, applicant.) The following RESOLUTION 17-R-PH-33 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-33 here to schedule a public hearing for July 20, 2017 to consider a proposed amendment to rezone approximately 43.2 acres along Veterans Pkwy & Vaughn Rd from Single-Family Residential Fifteen (RS-15) District to Highway Commercial (CH) District [2017-410]; Joy Pratt Hord, et. al., applicants.) The following RESOLUTION 17-R-PH-34 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-34 here to schedule a public hearing for July 20, 2017 to consider adoption of a Plan of Services for and annexation of approximately 400 Linear feet of Emery Road which have been proposed to be annexed to the City of Murfreesboro, Tennessee [2017-507]; City of Murfreesboro Engineering Department, applicant.)  June 15, 2017 Page 10 The following RESOLUTION 17-R-PH-35 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-PH-35 here to schedule a public hearing for July 20, 2017 to rezone approximately 6.11 acres along Jackson Alan Dr & Suzanne Landon Dr from Planned Commercial Development (PCD) District to Planned Residential Development (PRD) District (The Villas at Regal Square PRD) [2017-417]; Land Questor, applicant.) The City Manager presented the following amendments to the proposed City of Murfreesboro 2017-2018 Budget: (Insert amendments for second reading of Appropriations Ordinance here.) Mr. LaLance made a motion to approve the amendments to the proposed 2017-2018 Budget. Mr. Shacklett seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 17-O-28 adopting a budget and appropriations ordinance providing for appropriations out of the general and special funds of the City of Murfreesboro, Tennessee, of certain sums to defray the current, necessary and special expenses of said City for the Fiscal Year 2017-2018, and for other purposes,” which passed first reading on June 8, 2017, was read to the Council and offered for passage on second and final reading, as amended, upon motion made by Mr. LaLance, seconded by Mr. Wade. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-O-28 here.) An ordinance, entitled “ORDINANCE 17-O-29 providing for the levy and collection of a tax for the year 2017 upon all property, real, personal and mixed, within and subject to the jurisdiction of the City of Murfreesboro that is now taxable under the laws and Constitution of the State of Tennessee and the Charter of said City, and for the interest, penalties and costs to be added to such taxes after certain dates,” which passed first reading on June 8, 2017, was read to the Council and offered for passage on second and  June 15, 2017 Page 11 final reading upon motion made by Mr. LaLance, seconded by Mr. Shacklett. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 17-O-29 here.) The following RESOLUTION 17-R-15 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-15 here approving the budget of the Murfreesboro City Schools for the Fiscal Year 2017-2018, which budget includes the General Purpose Fund, the Extended School Program Fund, the Federal and State Program Funds, the Cafeteria Fund, and the Debt Service Fund.) The following RESOLUTION 17-R-16 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-16 here approving the budget of the Evergreen Cemetery for Fiscal Year 2017-2018.) The following RESOLUTION 17-R-17 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Shacklett. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None  June 15, 2017 Page 12 (Insert RESOLUTION 17-R-17 here to provide for post- Employment benefits for retirees for FY 2017-2018.) The following RESOLUTION 17-R-19 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 17-R-19 here approving the budget of the Murfreesboro Electric Department for the Fiscal Year 2017-2018.) The next item on the agenda was to discuss the vacant Council seat and the approved charter change that allows the seat to remain vacant, a special election held or an appointment by Council. The Mayor and Council discussed their preferred choice and the reasons supporting that decision. Mr. Wade preferred appointment; Mr. Smotherman, leave seat vacant; Mr. LaLance, election; Vice-Mayor Scales Harris, appointment; Mr. Shacklett: appointment; and Mayor McFarland: leave seat vacant. Vice-Mayor Scales Harris made a motion to make an appointment to fill the vacant seat. Mr. Shacklett seconded the motion. Upon roll being called, motion failed by Vice-Mayor Scales Harris, Mr. Shacklett and Mr. Wade voting “Aye” and Mr. LaLance, Mr. Smotherman and Mayor McFarland voting “Nay”. The City Attorney clarified that the results of the motion automatically cause the seat to remain vacant unless Council chooses to make another motion. There was not another motion made. Mr. LaLance suggested that Council have a special meeting to discuss a process for appointment. Upon recommendation of Mayor McFarland, Vice-Mayor Scales Harris made a motion to make the following appointments/reappoints: Construction of Adjustments & Appeals: Reappoint: Ms. Carolyn Lester and Mr. Mike Picklesimer (terms ending 6/30/2020). Appoint: Mr. Matt Taylor (replace Mr. Logan Hickerson) and Mr. Ben Blake (replace Mr. Michael Hudson) (terms ending 6/30/2020). Pension Commission Committee: Reappoint: Mr. Earl Hull, Mr. Charles Myatt, Mr. Greg Sample, Mr. Rob Lyons, Ms. Melissa Wright (all terms ending 6/1/2020) and Mr. Mark McCluskey (term ending 6/1/2018). Planning Commission: Reappoint: Ms. Jennifer Garland (term ending 6/30/2020). Appoint: Mr. Warren Russell (replace Mr. Tom Clark) (term ending 6/30/2020). Water & Sewer Board: Reappoint: Ms. Kathy Nobles and Mr. John R. SantAmour, Jr. (terms ending 6/30/2021).  June 15, 2017 Page 13 Greenway Projects Committee: Reappoint: Mr. Lamar Dixon and Mr. Dan Sharley (terms ending 6/30/2020). Board of Gas Examiners: Reappoint: Mr. Michael DeWeese, Mr. Curtis Harrell and Mr. Steve Morris (terms ending 9/30/20). St. Clair Street Senior Center Commission: Reappoint: Ms. Delores Doyle, Mr. Jim Getzinger, Mr. Christopher Logel, Mr. Pettus Read and Ms. Marie Trott (terms ending 6/30/2020). Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented for approval a Beer Application for Carmen Taqueria, Inc., 1935 South Church Street (ownership/name change). Approval of the Occupancy Application by building and codes is pending at this time. A date correction for a Special Event Permit for Oaklands Association, Inc. for August 5, 2017 was previously approved by Council instead of August 12, 2017. The event will take place at 900 & 901 N. Maney Avenue from 6 p.m. to 10 p.m. for the Murder Mystery Dinner. All requirements have been met for this application. Mr. Wade made a motion to accept the recommendation of the City Recorder/Finance Director to approve a Beer Permit for Carmen Taqueria at 1935 South Church Street pending approval of the Occupancy Application and approve a Special Event Beer Permit for Oakland’s Association, Inc. for August 12, 2017 at 900 & 901 N. Maney Avenue for the Murder Mystery Dinner Event. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The following statement was presented to the Council with the recommendation of the City Manager and City Recorder its payment be approved: From Airport Fund: Eastern Aviation Fuels, Inc. $ 27,417.81 Mr. Smotherman made a motion to accept the recommendation of the City Manager and City Recorder/Finance Director to approve payment of the statement. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. There being no further business, Mayor McFarland adjourned this meeting at 8:33 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER June 15, 2017 Page 14