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

SPECIAL CALLED MEETING FOR
MONDAY, AUGUST 27, 2007, 6:00 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


The City Manager requested the City Recorder to call a Special Called Meeting of the Board of Commissioners/Board of Sewerage Commission as the welfare of the City demands it.

The Character of Business to be discussed and possible action taken at such meeting shall be as follows:

¨ Discussion and/or possible action on the I-40/Canada Road Interchange including possible action on financing for an upgrade of the TDOT approved diamond design to a Single Point design.

¨ Discussion and/or possible action on alternatives of paying the Shelby County Ambulance Fee.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 6:00 p.m., Monday, August 27, 2007.

This written notice shall be posted and served personally at least twelve (12) hours prior to the Special Called Meeting to each Commissioner, the City Manager, Recorder and Attorney or left at such person’s usual place of residence in accordance to TCA § 6-20-208.


SPECIAL MEETING MINUTES

The Special Meeting was called to order at 6:05 p.m.

Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz and Nicholson were present. Commissioner Plunk was absent.

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

With no objections, Mayor Carmichael yielded the floor to James Collins of Kimley-Horn & Associates, Inc. to present the technical details of the proposed diamond interchange project.

As a consensus of the Board, Mayor Carmichael opened the floor for Public Discussion.

¨ Gerrit Verschuur • Yellow Cedar Cove – addressed the Board regarding his support of the Single Point Interchange.
¨ Josh Roman • Old Brownsville Road – addressed the Board regarding his support of the Single Point Interchange.

¨ Lew Cornett • Oak Point Circle – addressed the Board regarding his support of the Single Point Interchange.
¨ Connie Hess • Green Spruce Drive – addressed the Board regarding her support of the Single Point Interchange.

Commissioner Hartz moved that the Board of Commissioners approve the expenditure of $3 million plus increases as necessary to fund the Single Point Urban Interchange at Exit 20, Canada Road and I-40 exit, seconded by Vice-Mayor Anderson.

With no objections from the Board, Mayor Carmichael yielded the floor to John Dudas of Belz Enterprise Josh Roman to submit feedback from a business perspective and financial perspective.

Commissioner Hartz withdrew his original motion.

Mayor Carmichael moved to notify TDOT that the Lakeland Board of Commissioners understand the letter submitted regarding the “Diamond” Design alternative, and the Board would like to pursue the Single Point Urban Interchange with great haste, seconded by Commissioner Hartz.
Motion carried, roll call vote, 4-0.
Hartz aye
Anderson aye
Nicholson aye
Carmichael aye

Commissioner Hartz moved to approve a Resolution entitled: A Resolution stating the decision of the Lakeland Board of Commissioners to request Shelby County to include Lakeland’s share of the Ambulance Fee in the Fire Fee for Lakeland residents, seconded by Vice-Mayor Anderson.
Motion failed, roll call vote, 2-2.
Hartz aye
Anderson aye
Nicholson nay
Carmichael nay

No other business to take action on, Vice-Mayor Anderson moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

These minutes were approved Thursday, October 04, 2007.




Scott Carmichael, Mayor

ATTEST:




Sontidra Franklin, City Recorder