BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, OCTOBER 04, 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 6:40 p.m.
II. ROLL CALL BY RECORDER: Mayor Carmichael, Commissioners Hartz, Nicholson, Plunk and Verschuur were present. City Attorney, David Lakin was absent.
**ELECTION OF VICE-MAYOR**
Mayor Carmichael opened the floor for nominations of Vice-Mayor.
Commissioner Verschuur nominated Commissioner Mark Hartz for Vice-Mayor.
Commissioner Hartz nominated Commissioner Gerrit Verschuur for Vice-Mayor.
With no other nominations, Mayor Carmichael closed nominations.
Nomination for Mark Hartz as Vice-Mayor.
Nomination carried, roll call vote, 4-0-1.
Hartz aye
Nicholson aye
Plunk abstain
Verschuur aye
Carmichael aye
Mayor Carmichael opened the floor for any changes (additions/deletions) to the agenda.
With no additions/deletions to the agenda, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.
With no objections, Mayor Carmichael presented the “Get Caught Recycling Certificates”. Those receiving certificates were: Mark Mangone, Penny Shackelford, Edwin Keahey and David Barczak.
Vice-Mayor Hartz requested to remove items 2 & 3 from the Consent Agenda.
III. PUBLIC HEARING:
IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Special Meeting Minutes, August 27, 2007, 6:00 p.m. (pgs. 01-03)
b. Regular Meeting Minutes, September 06, 2007, 6:00 p.m. (pgs. 04-09)
2. Approval of Development Contract for Corner Shops of Canada Road. (Lakin) (please see insert)
3. Approval of Development Contract for Lake Forest Planned Mixed Use Development. (Lakin) (will be provided)
4. Approval of amendments to the Personnel Policy concerning Smoking Policy, Internet Usage and Military Leave. (Wherry) (pgs. 10-16)
Vice-Mayor Hartz moved to approve the Consent Agenda (Items 1 & 4), as amended. Motion carried, voice vote, all in favor.
OLD BUSINESS:
1. Action on MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 20-29)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.
Mayor Carmichael yielded the floor to Staff to address the Board regarding Equestria.
With no objections, Mayor Carmichael yielded the floor to David Carter, Memphis-Arlington Road to address the Board regarding his concerns with Equestria.
It was a consensus of the Board to allow Brent Webb of SRConsulting address the Board concerning Equestria PDP.
With no further discussion, Commissioner Verschuur moved to approve the Preliminary Development Plan Amendment for Equestria and to include “Option C” as submitted that does not require the right-of-way dedication, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye
2. Action on approval of Heron’s Ridge Sections C & D Preliminary Development Plan. (Atkinson)
Vice-Mayor Hartz moved to suspend the rules, seconded by Commissioner Verschuur. Motion carried, voice vote, all in favor.
Vice-Mayor Hartz moved to approve the Preliminary Development Plan for Sections C & D of the Herons Ridge Planned Development, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Verschuur aye
Nicholson aye
Plunk aye
Carmichael aye
NEW BUSINESS:
3. Action on recommendation from the MPC for a Secondary Detailed Development Plan – Arcadia PRD, Phase 1. (Higbee) (pgs. 43-50)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.
With no objections, the Board yielded the floor to Staff to make a presentation on Arcadia.
After substantial discussion, Vice-Mayor Hartz moved to approve a Resolution to approve the Secondary Detailed Development Plan for Arcadia PRD, Phase 1, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye
4. Action on Zoning Ordinance Amendments regarding decks and patios. (Atkinson) (pgs. 51-56)
Commissioner Verschuur moved to adopt on first reading an Ordinance to amend certain provisions of Article IX, Section 3 and Article II, Section 2 of the Zoning Ordinance to provide regulations regarding decks and patios, providing an effective date, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Verschuur aye
Plunk aye
Hartz aye
Nicholson aye
Carmichael aye
V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
2. Approval of Development Contract for Corner Shops of Canada Road. (Lakin) (please see insert)
Commissioner Plunk moved to approve the Development Contract for Corner Shops of Canada Road, seconded by Commissioner Verschuur.
Motion carried, roll call vote, 5-0.
Plunk aye
Verschuur aye
Hartz aye
Nicholson aye
Carmichael aye
3. Approval of Development Contract for Lake Forest Planned Mixed Use Development. (Lakin) (will be provided)
Vice-Mayor Hartz moved to postpone action definitely until the next work session (Oct. 22, 2007) at the applicant’s request, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.
VI. TREASURER’S REPORT: (pgs. 17-18)
Vice-Mayor Hartz moved to file the Treasurer’s Report, seconded by Commissioner Verschuur. Motion carried, voice vote, 4-0-1 (Plunk)
VII. PUBLIC DISCUSSION:
VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¨ Report on the request to increase the speed limit on Canada Road to 45 mph. (pg. 19)
Mayor Carmichael yielded the floor to City Manager Robert Wherry to abreast the Board on the Traffic Report as requested from the work session. No objections.
IX. SEWERAGE COMMISSION BUSINESS:
X. OLD BUSINESS:
1. Action on MPC recommendation to approve the Preliminary Development Plan for Equestria Planned Residential Development. (Higbee) (pgs. 20-29) ~Taken Out of Order~
2. Action on approval of Herons Ridge Sections C & D Preliminary Development Plan. (Atkinson) (pgs. 30-35) ~Taken Out of Order~
XI. NEW BUSINESS:
1. Action first reading of an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a privilege tax for selling beer, establishing prohibited conduct by permit holders and others
engaged in selling beer, and establishing penalties for engaging in prohibited conduct. (Lakin) (pgs. 36-41)
Commissioner Verschuur moved to adopt on first reading an Ordinance to delete Section 8, Chapter 2 of the Lakeland Municipal Code and to enact an Ordinance establishing a Beer Board and procedures for Beer Board Meetings, establishing permit requirements and a privilege tax for selling beer, establishing prohibited conduct by permit holders and others engaged in selling beer, and establishing penalties for engaging in prohibited conduct, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye
2. Action on contract for 2007 Road Overlay/Maintenance Program. (Stuckert) (pg. 42)
Vice-Mayor Hartz moved to suspend the rules for discussion, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.
With no objections, Mayor Carmichael moved to postpone action definitely until the next work session (Oct. 22, 2007), seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.
3. Action on recommendation from the MPC for a Secondary Detailed Development Plan – Arcadia PRD, Phase 1. (Higbee) (pgs. 43-50) ~Taken Out of Order~
4. Action on Zoning Ordinance Amendments regarding decks and patios. (Atkinson) (pgs. 51-56) ~Taken Out of Order~
5. Discussion on proposed amendment to Agreement with IH Managerial Club concerning the City of Lakeland use of the IH Clubhouse. (Wherry) (pgs. 57-58)
Commissioner Verschuur moved to approve a Resolution by the Lakeland Board of Commissioners approving a draft of an amendment to the Agreement between the I.H. Managerial Club and the City of Lakeland pertaining to the scheduling and use of the I.H. Club Building and authorizing the amendment to be submitted to the I.H. Managerial Club for approval, seconded by Vice-Mayor Hartz.
Motion carried, roll call vote, 5-0.
Verschuur aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye
6. Action on advertising vacancies for appointments to Boards and Commissions. (Board) (pgs. 59-60)
Commissioner Verschuur moved to suspend the rules, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.
After substantial discussion, Vice-Mayor Hartz moved to authorize the City Manager to advertise for the vacancies on the various Boards and Commissions stipulating that there will be an opportunity for them to interview by the time of the December Regular Meeting of the Board of Commissioners, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Plunk aye
Verschuur aye
Carmichael aye
7. Action on appointments of BOC liaisons to Boards and Commissions. (Board)
Vice-Mayor Hartz moved to appoint Commissioner Verschuur as liaison to the Design Review Commission filling the remainder term of Vice-Mayor Stephanie Anderson, seconded by Commissioner Nicholson. Motion carried, voice vote, 4-0-1 (Plunk)
XII. ANNOUNCEMENTS:
XIII. ADJOURNMENT: There being no other business to discuss, Commissioner Nicholson moved to adjourn the meeting, seconded by Vice-Mayor Hartz. Motion carried, voice vote, all in favor.
The meeting adjourned at 8:13 p.m., Thursday, October 04, 2007.
These minutes were approved on Thursday, November 01, 2007.
Scott Carmichael, Mayor
ATTEST:
Sontidra Franklin, City Recorder
