BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JULY 05, 2007, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY CITY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson, and Plunk were present. City Attorney, David Lakin was present.

Commissioner Hartz moved to amend the agenda to add as New Business/Agenda Item 4: Action on releasing the Letter of Credit for Cool Springs Subdivision. No objections.

Vice-Mayor Anderson moved to remove Consent Agenda Item 2: Approval of MPC recommendations to approve the Preliminary Development Plan for Meadows of Lakeland with conditions.

There being no objections, Mayor Carmichael moved to adopt the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

Mayor Carmichael opened the floor for the public to address the Board concerning items for approval on the agenda.

Frank Hammond • 10184 Hampton Drive • Addressed concerns regarding Evergreen Planned Development.

Roger Luttrell • 10227 Old Brownsville Road • Addressed concerns regarding Evergreen Planned Development.

Jeff Moder • 5228 Toni Rose • Addressed concerns regarding Evergreen Planned Development.

With no objections, Mayor Carmichael yielded the floor to Lt. Miller/Lt. Maccarino of the Shelby County Sheriff’s Department to give the Crime Report for the month of June 2007.

Mayor Carmichael presented “Get Caught Recycling” Certificates to Mr. Carl Sohns and Mr. Timothy Ziegler. No objections.

OLD BUSINESS
1. Action on Evergreen Planned Development. (Atkinson)
Vice-Mayor Anderson moved to suspend the rules, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

With no objections, the floor was yielded to Staff and Cory Brady, SR Consulting to make a presentation regarding Evergreen Planned Development.

Commissioner Hartz moved to approve a Preliminary Development Plan for Evergreen Planned Development, seconded by Commissioner Plunk. (*)



With no objections, Commissioner Hartz amended the Resolution to include a fourth condition requiring the Developer to grade a portion of the parkland according to the specifications of the City Engineer, seconded by Vice-Mayor Anderson.
Amendment carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

(*) Motion to approve a Preliminary Development Plan for Evergreen Planned Development, as amended.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Nicholson aye
Plunk aye
Carmichael aye

NEW BUSINESS
4. Action on the release of Letter of Credit for Cool Springs Subdivision.
Commissioner Hartz moved approve the release the Letter of Credit for Cool Springs Subdivision, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Special Meeting Minutes, May 29, 2007, 4:30 p.m. (pgs. 01-03)
b. Regular Meeting Minutes, June 14, 2007, 6:30 p.m. (pgs. 04-07)
2. Approval of MPC recommendation to approve the Preliminary Development Plan for Meadows of Lakeland with conditions. (Higbee) (pgs. 08-21)
3. Approval on entering into an Agreement with the Lakeland Chamber of Commerce. (Staff) (pgs. 22-24)

Vice-Mayor Anderson moved to approve the Consent Agenda, as amended, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.


V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
2. Approval of MPC recommendation to approve the Preliminary Development Plan for Meadows of Lakeland with conditions.
Commissioner Hartz moved to approve a Resolution entitled: A Resolution to approve a Preliminary Development Plan for the Meadows of Lakeland, seconded by Commissioner Plunk.

Motion carried, roll call vote, 5-0
Hartz aye
Plunk aye
Anderson aye
Nicholson aye
Carmichael aye

VI. TREASURER’S REPORT: (pgs. 25-26)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Update on Fletcher Trace. (Smith)
Interim City Engineer, David Smith reported the status of final phase on Fletcher Trace Parkway Construction

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on Kensington Green’s request for access to the City of Lakeland Sanitary Sewer System. (Smith) (pgs. 27-30)
Commissioner Hartz moved to deny the conceptual sanitary sewer plan for Kensington Green Planned Residential Development, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 4-0-1.
Hartz aye
Anderson aye
Nicholson aye
Plunk abstain
Carmichael aye

X. OLD BUSINESS:
1. Action on Evergreen Planned Development. (Atkinson) (pgs. 31-38) (Taken out of order)

2. Action on First Reading for Vicious Dog Ordinance. (Lakin) (pg. 39)
Vice-Mayor Anderson moved to adopt on first reading an Ordinance of the City of Lakeland regulating the ownership and control of vicious dogs, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye




XI. NEW BUSINESS:
1. Action on Resolution to accept the Public Improvements for Veranda Woods Subdivision as recommended by the MPC. (Smith) (pgs. 40-41)
Commissioner Hartz moved to approve the acceptance of public improvements to Veranda Woods Subdivision as recommended by the MPC and Staff, seconded by Vice-Mayor Anderson.
Motion carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

2. Action on an Ordinance repealing the $500 deposit for political signs. (Lakin) (pgs. 42-45)
Vice-Mayor Anderson moved to adopt on first reading an Ordinance to amend certain provisions regarding political signs in Title 14, Chapter 4 of the Municipal Code “Sign Regulations”; providing an effective date, seconded by Commissioner Plunk.
Motion carried, roll call vote, 3-0-2.
Anderson aye
Plunk aye
Hartz abstain
Nicholson abstain
Carmichael aye

3. Action regarding Amendments to the Lakeland Sign Ordinance. (Atkinson) (pgs. 46-50)
Vice-Mayor Anderson moved to adopt on first reading of an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code, “Sign Regulations” providing an effective date, seconded by Mayor Carmichael.

Amendment
Commissioner Nicholson moved to amend the Ordinance to remove the section regarding window signs, seconded by Commissioner Hartz.

Motion carried, roll call vote, 3-2.
Nicholson aye
Hartz aye
Anderson aye
Plunk nay
Carmichael nay

Motion to adopt on first reading of an Ordinance to amend certain provisions of Title 14, Chapter 4 of the Municipal Code “Sign Regulations” providing an effective date, as amended.



Motion carried, roll call vote, 4-1.
Anderson aye
Hartz nay
Nicholson aye
Plunk aye
Carmichael aye

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on Vice-Mayor Anderson moved to adjourn the meeting, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

The meeting adjourned at 8:35 p.m., Thursday, July 05, 2007.

These minutes were approved Wednesday, August 01, 2007.



Scott Carmichael, Mayor


ATTEST:




Sontidra Franklin, City Recorder