BOARD OF COMMISSIONERS REGULAR MINUTES
THURSDAY, NOVEMBER 04, 2010 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002
I. CALL TO ORDER BY MAYOR: 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 RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were in attendance. City Attorney David Lakin was present.
With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards. The recipients were Mr. James Drier, Ms. Bessie Kolopanas, Ms. Molly Vanhorn and Mr. Martin Roland.
Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to present the Crime Report for the month of October. No objections.
Mayor Carmichael opened the floor for any additions/deletions to the agenda. With no amendments, Mayor Carmichael moved to adopt the agenda as presented, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.
III. PUBLIC HEARING:
IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, October 07, 2010, 6:30 p.m. (pgs. 01-04)
b. Special Meeting, October 14, 2010, 4:30 p.m. (pgs. 05-06)
2. Approval of Resolution 2010/11-63: A Resolution approving reimbursement of up to $3,000 in support of the 2010 Lakeland Holiday Parade, sponsored by the Lakeland Lions Club. (Staff) (pgs. 07-08)
Commissioner Tompkins moved to approve the Consent Agenda, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.
V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
VI. TREASURER’S REPORT: (pgs. 09-16)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.
VII. PUBLIC DISCUSSION:
VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
IX. SEWERAGE COMMISSION BUSINESS:
X. OLD BUSINESS:
1. Action on final reading of Ordinance 10-153: An Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments. (Stuckert) (pgs. 17-26)
Commissioner Barber moved to adopt on final reading Ordinance 10-153: An Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments, seconded by Vice-Mayor Nicholson.(*)
Commissioner Hartz moved to amend the Ordinance as follows:
5. Food service establishment (FSE) means any establishment, business or facility engaged in preparing, serving or making food available for consumption. Single family residences are not an FSE, however, multi-residential facilities may be considered an FSE at the discretion of the City. Food service establishments will be classified as follows:
Class 1: Deli – Engaged in the sale of cold cut and microwaved sandwiches/subs with no frying or grilling on site, ice cream shops and beverage bars as defined by NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) 77213, Mobile Food Vendors as defined by NAICS 722330.
Class 2: Limited service restaurants (a.k.a. fast food facilities, daycares) as defined by NAICS 722211 and caterers as defined by NAICS 722320.
Class 3: Full service restaurants as defined by NAICS 722110.
Class 4: Buffet and cafeteria facilities as defined by NAICS 72212.
Class 5: Institutions (schools, hospitals, prisons, etc.) as defined by NAICS 722310 but not to exclude self-run operations.
11. NAICS means North American Industry Classification System.
Amendment seconded by Commissioner Barber. Amendment carried, voice vote, all in favor.
(*) Motion to adopt on final reading as amended carried, voice vote, all in favor.
2. Action on final reading of Ordinance 10-154: An Ordinance to add certain provisions regarding Outdoor Vending Machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date. (Atkinson) (pgs. 27-31)
Commissioner Barber moved to adopt on final reading Ordinance 10-154: An Ordinance to add certain provisions regarding Outdoor Vending Machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date, seconded by Commissioner Tompkins. (**)
Vice-Mayor Nicholson moved to amend the Ordinance as follows:
Addition of area requirement for tenants in a multi-tenant building:
A. Outdoor vending machines shall be permitted as an accessory use in C-1 and C-2 Zoning Districts for the following:
i. Single occupant buildings with more than 10,000 square feet of gross floor area.
ii. Individual tenants in a multi-tenant building that have at least 100 feet of store front and 10,000 square fee of gross floor area.
Addition of subsection “G” regarding ADA:
G. The property on which the vending machine is located shall remain in compliance with Americans with Disabilities Act (ADA) standards at all times.
Amendment seconded by Commissioner Hartz. Amendment carried, voice vote, all in favor.
(**)Motion to adopt on final reading as amended carried, voice vote, all in favor.
XI. NEW BUSINESS:
XII. ANNOUNCEMENTS:
XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Tompkins moved to adjorn the meeting, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.
The meeting adjourned at 6:43 p.m., Thursday, November 04, 2010.
These minutes were approved Thursday, December 02, 2010.
Scott Carmichael, Mayor
ATTEST:
Sontidra L. Thomas, CMC
City Recorder
