BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, SEPTEMBER 06, 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.

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

Mayor Carmichael opened the floor for any changes (additions/deletions) to the agenda.

Commissioner Plunk moved to amend the agenda to add New Business/Agenda Item 7: Approval of a Resolution by the Lakeland Board of Commissioners to reverse the decision to select the single point design for the Canada Road/I-40 Interchange and advise the Tennessee Department of Transportation that the City of Lakeland is selecting the enhanced diamond design, seconded by Vice-Mayor Anderson.
Motion failed, roll call vote, 2-3.
Plunk aye
Anderson aye
Hartz nay
Nicholson nay
Carmichael nay

There being no other amendments, Mayor Carmichael moved to approve the agenda as submitted and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to the public for “Public Discussion”.
Ken Glatzer • Herons Ridge • spoke in opposition to Herons Ridge Section C & D.
Marilyn Talbot • Woodland Fir • spoke in favor of the Single Point Urban Interchange.
Bahadir Demirorz • Herons Landing Ln. • spoke in opposition of Herons Ridge Section C & D.
Al Scrip • Woodland Pine Drive • spoke in favor of the Single Point Urban Interchange.
Bob Larkin • Mt. Gillespie • spoke in favor of the Single Point Urban Interchange.
Josh Roman • Old Brownsville Rd. • spoke in favor of the Single Point Urban Interchange.
Jo Ann Cohen • Woodland Crest • spoke in favor of the Single Point Urban Interchange.


Frances Lancaster • Memphis-Arlington • spoke in favor of the Single Point Interchange.
Nancy Hartz • Kingsridge Dr. • spoke in favor of the Single Point Urban Interchange.
Todd Siple • Herons Ridge Dr. • spoke in opposition of Herons Ridge Section C & D.
Charlotte Knight-Griffin • MLGW Rep. • spoke in reference to the MLGW Franchise Agreement.
Gerry Burditt • Plantation Woods Drive • spoke in favor of the Single Point Urban Interchange.

NEW BUSINESS:

4. Action approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 55-60)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, the Board yielded the floor to allow Staff to present Herons Ridge issues.

Mayor Carmichael yielded the floor to Will Griffin, Developer of Herons Ridge Sections C & D.

After a substantial amount of discussion, Vice-Mayor Anderson moved to postpone action definitely on approval of Herons Ridge, Section C & D until the September Work Session (09.24.07), seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

2. Action on MLGW Franchise Agreement. (Lakin)
Commissioner Hartz moved to postpone action indefinitely on the MLGW Franchise Agreement, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.

SEWERAGE COMMISSION BUSINESS:

1. Action on the Chapel Park PD request for approval of Conceptual Sanitary Sewer Plan. (Smith) (pgs. 39-40 w/attachment)
Vice-Mayor Anderson moved to suspend the rules for discussion purposes, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Michael Ray of Davis Engineering.

After thorough discussion, Vice-Mayor Anderson moved to postpone action indefinitely on approval of Chapel Park Sanitary Sewer Plan, second by Commissioner Nicholson. Motion carried, voice vote, all in favor.

NEW BUSINESS:

3 Action on Resolution stating the intention of the Board of Commissioners to proceed on the EDC recommendation for establishing wi-fi (public wireless internet) “hot spots” and security surveillance at City Hall Park and Windward Slopes Park. (Wherry) (pgs. 53-54)
Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution approving requesting detailed proposals for developing wireless internet connections and security surveillance in City Hall Park, the City Hall area, Windward Slopes Park and the Fire Station #1 area in accordance with the proposal by the Lakeland Economic Development Commission and adding Zadie Kuehl Memorial Park to the project, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye

5 Action on MPC recommendation for acceptance of Public Improvements for the Preserve. (Smith) (pgs. 61-66)
Mayor Carmichael moved to accept the Public Improvements for the Preserve Planned Development outlined in the packet, seconded by Commissioner Hartz, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye

Note: Item 6 was removed from the Consent Agenda.

ITEMS REMOVED FROM THE CONSENT AGENDA:

6 Approval of MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 21-34)

Commissioner Hartz moved to suspend the rules for discussion, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Mr. David Carter to address his concerns regarding Equestria Planned Development.

With no further discussion, Commissioner Hartz moved to postpone action definitely on approval of Equestria Planned Residential Development until the next Work Session (09.24.07), seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, August 01, 2007, 6:30 p.m. (pgs. 01-05)
2. Approval of the 2007 Animal Housing Agreement with the City of Memphis. (Staff) (pgs. 6-8)
3. Approval of the release of Letter of Credit for Renaissance Group. (Bridges) (pgs. 9-17)
4. Approval of a Resolution on proposed State Mandate concerning timing of Local Elections. (Wherry) (pgs. 18-19)
5. Approval of changing October Regular Meeting back to its original date, October 04th. (Wherry) (pg. 20)
6. Approval of MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 21-34)
Vice-Mayor Anderson moved to approve the Consent Agenda as amended (removal of Item 6), seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 35-36)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Report on Retail Market Study. (Higbee) (pgs. 37-38)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on the Chapel Park PD request for approval of Conceptual Sanitary Sewer Plan. (Smith) (pgs. 39-40 w/attachment)

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on first reading of an Ordinance concerning the Responsible Vendor Act of 2006. (Lakin) (pgs. 41-51)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.

After a substantial amount of discussion, Commissioner Hartz moved to adopt on first reading an Ordinance establishing a Beer Board and regulating the sell of beer in the City of Lakeland, 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 MLGW Franchise Agreement. (Lakin) ~Taken out of order~
3. Action on Resolution stating the intention of the Board of Commissioners to proceed on the EDC recommendation for establishing wi-fi (public wireless internet) “hot spots” and security surveillance at City Hall Park and Windward Slopes Park. (Wherry) (pgs. 53-54) ~Taken out of order~
4. Action approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 55-60) ~Taken out of order~
5. Action on MPC recommendation for acceptance of Public Improvements for the Preserve. (Smith) (pgs. 61-66) ~Taken out of order~
6. Action on a Resolution approving a professional services contract and purchase order for Askew Hargraves Harcourt & Associates, inc. for design of Canada Road bicycle/pedestrian facilities and median landscape enhancements. (Bridges) (pgs. 67-73)

Vice-Mayor Anderson moved to approve a Resolution entitled: A Resolution authorizing the execution of a Professional Services Contract and approval of a purchase order with Askew Hargraves Harcourt & Associates, Inc. in the amount of $69, 300 for engineering and landscape plans for Canada Road between Highway 64 and Interstate 40, seconded by Commissioner Hartz.

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

XII. ANNOUNCEMENTS:

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

The meeting adjourned at 8:53 p.m., Thursday, September 06, 2007.

These minutes were approved Thursday, October 04, 2007.




Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder