December 28, 2000
Planning Commission Begins Step 2 of Development Update
Don Bennett
The MPC has begun step two (of three) in revising Lakeland's ordinances, regulations and plans that guide development in the city. In July, 2000 the MPC sent a revised Zoning Ordinance draft to the Board of Commissioners. It has not yet been approved. Last night at their work session the MPC began considering changes to the Subdivision Regulations. As with the Zoning Ordinance, Charlie Goforth of Allen and Hoshall, the city's contract engineering/planning consultant company, is preparing the draft document for the board's review. The MPC may have a revised draft completed within three months, at which time a public hearing on the changes will be announced.
Several areas of known internal document conflict and ambiguity have been addressed by Mr. Goforth at the outset. Mr. Goforth is recommending that development contracts will not need MPC review once a "boiler plate" contract is established by the City. The MPC need only convey to the BOC through their liaison commissioner any special conditions from the Construction Plat that should be attached to the contract as an addendum.
All language on specific fees (parks, sewers, inspections, etc.) will be deleted with references to current fee schedules or resolutions affecting the subjects substituted.
An item of some interest was Mr. Goforth's recommendation that the MPC was the board given the sole authority by the state, along with the City Engineer, to approve specific sewer plans for a subdivision unless the BOC adds additional levels of review. The division of responsibility between the city's Board of Sewerage Commission and the MPC should be clarified.
Mr. Goforth also recommended that the MPC is required by state law to process the subdivision or resubdivision of land less than 5 acres in size through the subdivision process described in the regulations even though it may only be a single commercial site divided from a larger site. The Subdivision Regulations will be revised so as to clarify the required steps for the different types of commercial or residential development.
Road width and right-of-way standardizations by function of the road, sidewalk standardization, and lengthening the term of plat approvals were more of Mr. Goforth's initial recommendations.
The MPC will continue work on the regulations at its next work session, January 25.
The third phase of the MPC development revisions will also begin next month at a special work session called for Monday, January 8. Work will begin on updating the City's Comprehensive Plan and Future Land Use Plan and Maps (zoning, roads, utilities). Preferred locations for new zoning districts (rural residential, neighborhood office) need to be assigned within the city and areas annexed within the past three years need to be assigned preferred zoning as well. The objectives of the city's future growth plan will also be reviewed for adequacy in 2001+ given the changes that have taken place in the city in recent years.
There was significant public interest and input when ETI Corp was awarded a contract to create the current Comprehensive Plan over four years ago. Citizens and homeowner groups were highly involved in the process then and the opportunity for citizen input will be available at any meeting where the MPC discusses the plan next year as well.
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December 17, 2000
News Around Town
Don Bennett
Christmas Lighting Contest Winners
Margaret Brown
The judges had a difficult time this year; all of the homes entered in the contest should be seen by everyone. So, here is the list of home. Winners are notes after the addresses. Judges made the statement that judging these homes allowed them to view many other beautiful Christmas decoration not entered in the contest.
They know where to take their children and grandchildren to witness the beautiful lights. So will you.
4670 Chambers Chapel Road
10215 Highway 70 - Honorable Mention
9540 Memphis-Arlington Road
9945 Woodland Fern - 1st Place
10067 Woodland Grove Road
3042 Woodland Pine Drive
3114 Woodland Fir Drive - 3rd Place
3134 Woodland Fir Drive
3089 Woodland Crest Drive
2909 Forest Edge Drive
2932 Forest Edge Drive
3091 Shadow Green Lane - 3rd Place
3465 Blue Bridge Cove - 1st Place
9738 Green Spruce Drive - 2nd Place
9540 Blue Spruce Drive
9687 White Spruce Cove - Honorable Mention
9623 White Spruce Drive - 2nd Place
1st Place winners will have a Wooden Santa Cutout for their yard
2nd Place winners in will have a cute wooden snowman for their yard -
3rd Place winners will receive a certificate of recognition
Honorable Mentions will receive a certificate of recognition
Noma Gelsinger Hospitalized
Margaret Brown
Wednesday afternoon in Medina, Tennessee, Noma Gelsinger suffered a cerebral hemorrhage and is hospitalized in Jackson General Hospital. It is too early to know her prognosis. She was found by a neighbor who luckily spotted Noma lying on the ground in her yard. Noma lived in Lakeland with her husband Guy for many years. Noma moved to Medina after Guy's death. Many of you knew Noma as the efficient lady passing items by the Kroger check-out scanner at break-neck speed.
Today is Helping Hands Gift Deposit Day
Connie Hess
Reminder for everyone who agreed to be "Helping Hand" this year. Please bring your wrapped gifts to our home, 9752 Green Spruce Dr., between 2:00 and 6:00 p.m. today. If this is a problem, please call 382-0678. Thank you so much for sharing with others. Their smiles will light up their faces and your hearts.
Park Board Passes Comprehensive Request to City
for Real Park Development
Don Bennett
The PRB passed a detailed resolution at their December 11 meeting that asks the City to get serious about developing the city's parks for public use. Included are requests for:
City Hall Park: soccer and t-ball fields - crushed limestone parking lot
Zadie E. Kuehl Park: 1/4 mile trail - picnic area - playground equipment - parking lot - pavilion
Windward Slopes Park: 1/4 mile trail - picnic area - parking lot - pavilion - volleyball, skate areas
I. H. Park: playground area - parking lot - wildflower area - pavilion - softball/baseball fields
Plantation Hills Park: parking lot - wildflower area
Bike/Jog Trail along side New Canada Rd. as it is widened and on Davies Plantation as it is resurfaced
In addition, recommendations were made to establish sports and activity schedules/leagures for juniors, youth, seniors plus long range improvements for the parts not yet established.
The PRB can only recommend action; it has no authority to spend funds. It will not be up to all of us to help encourage the Board of Commissioners and City Manager to implement the PRB's plans.
Special Meeting of the BOC, Monday, 5:45p.m.
Don Bennett
Designating the City's representative for the Windward Slopes LLC lawsuit
Vice-mayor Carmichael and Comm. Temple called this special meeting on Friday at 3:39p.m. The subject of the meeting, called for the welfare of the city, is quoted above. QNet has no supporting information to relay.
Town Hall Meeting is Monday, 6:00p.m.
Don Bennett
The Quarterly Town Hall Meeting is set for 6:00p.m., Monday, December 18 at City Hall. The Board of Commissioners and heads of City Departments will be on hand to hear your comments and answer questions, if possible, on any topic. Attendance at the past two meetings has been meager and is sending the message to our leaders that:
(a) you are happy with everything they are doing.
(b) you don't care what goes on.
(c) you are totally disgusted with the actions of some or all and are turning your writing them off.
(d) ___________? ?_______________________________
Whatever the reason for your absence, our government is the worse for it. For a popular democracy to work well, the population must be involved more than once every two years.
Tree Ordinance, Election Date Public Hearings
Set for Monday, 6:30p.m.
Don Bennett
Most of you are aware of the fact that the BOC wishes to move in calmer waters and establish the next municipal election date for September 20, 2000. This requires an ordinance change and every ordinance requires a public hearing.
But few of you realize that the BOC has passed on first reading a new tree ordinance which is also on the schedule for public hearing. The ordinance is based on one from Roswell, GA. You can view the entire Roswell ordinance on line. Here is the path. After entering the www address click on each subsequent link.
You can print the entire ordinance.
www.smallcities.org
small cities
archives
Roswell Ga tree ordinance (7th topic down)
Complete Ordinance (link found at the end of the summary article
Neighbors, this is a tree ordinance!
BOC Work Session, Monday, 6:30p.m.
Don Bennett
Monday evening's quartet of meetings will conclude with the monthly BOC work session meeting. Citizens may sign up to speak on any topic. No votes are taken at work sessions. Rather, topics are discussed and are placed or removed from the January 4, 2001 regular meeting agenda.
AGENDA
• Update on drainage master plan
• Update on purchasing El-Hill Park land
• Update on using state prisoners vs. county
• Update on status of fire protection for Lakeland
• Discussion on statement obtained from Mr. Khelif regarding the $25,000 donation from Mr. Randy Benham
• Discussion on accepting $ in lieu of a fence along Canada Rd. from developer for Plantation Hills- B
• Discussion on Chickasaw Basin Authority position re: problems on Oliver Creek
• Discussion on first reading to rezone Saliba property from FAR to R-2 PRD
Meetings Later in the Week
Don Bennett
There may be two more city meetings this week. At the special MPC meeting of December 12, Mayor Bomprezzi indicated to the developers of The Point and Windward Hills that a special BOC meeting would probably be called to quickly consider their development contracts which were passed to the BOC by the MPC on Wednesday, December 13. However, as of this date, no special BOC meeting has been called for this purpose.
Terry Edwards has requested a meeting of the Board of Zoning Appeals regarding "Refusal of City of Lakeland to issue building permits for Phase 2 of Windward Slopes Subdivision." The next regular date for a BZA meeting is Thursday, December 21, but as of this date, no meeting agenda has been posted.
Watch QNet for information on these possible meetings, both of significant import.
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December 13, 2000
Planning Commission Special Meeting Report
Two Development Contracts Sent to BOC;
Gerrit Verschuur
The six current members of the MPC met in special session Tuesday to conclude their deliberations of subdivision contracts for The Pointe and Windward Hills Phase A. With only slight additional revisions, both contracts were duly forwarded to the Board of Commissioners with the MPC’s recommendations.
Following that, discussion initiated by Chairman Bennett concerning past misuses of Land Disturbance Permits led nowhere because of reluctance on the part of several MPC members to confront what seems to be an anachronism in the manner in which the City can police the removal of trees and grading of land. The Chair appealed to all members to give this thorny problem due consideration so that they could come up with a way to prevent subdivision developers from clearing and grading land with a Land Disturbance Permit prior to MPC approval of same by means of the method required in the subdivision regulations—through approval of the construction plans. The problem is that there appears to be a conflict between the rights of individual landowners and the abuse of such rights by potential developers of large tracts of land. Mr. Davis stated that he believed no developer could henceforth get an early Land Disturbance Permit because of the July, 2000 change to the Zoning Ordinance requiring a developer to have an approved development contract prior to receiving a Land Disturbance Period. Chairman Bennett asked MPC members to present plans for dealing with this.
In other action it was decided that the MPC would meet with the City Planner in a Special Work Session in early 2001 to consider revisions for the Comprehensive Plan and Future Land Use Map.
Finally, the MPC attested to the fact that the revised printout version of the Bylaws was as had been agreed to and approved at the November meeting. It appeared that the Mayor was on the point of submitting a new amendment, but the Chair pointed out that this would have to be done as an agenda item at a future regular or special meeting per the current Bylaws.
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December 9, 2000
Comm. Temple Submits Chancery Court Response to Terry Edwards' Suit
Asks for expedited discovery to determine source of contract alterations
Don Bennett
Commissioner Temple, through her attorney, George D. McCrary, submitted to Chancellor Alissandratos on December 6 an "Application for Expedited Discovery" in order to determine who caused the alterations to the contract between the City and Windward Slopes, and whether or not these alterations justified the City's refusal to extend the contract and grant building permits for lots in the affected section of the subdivision.
There is no doubt that the contract was changed—Mr. Edwards submitted it as an exhibit in his suit against the City. Key issue are: Who initiated the changes? Was this party authorized to do so? Were the changes material changes, worthy of the actions later taken by the
BOC?
Comm. Temple suggests that if expedited discovery can clearly reveal the answers, that the City and Mr. Edwards may be able to come to a quick, inexpensive resolution to their conflict. She suggests that the following individuals should be deposed: Mayor
Bomprezzi, Mr. Mo Khelif, Mr. Joe Kirby, Mr. Norman King, Mr. Terry Edwards.
The thrust of Comm. Temple's petition is clarified in the summary: "If the City of Lakeland has been abused by the acts of one of its elected officials, it will have to deal with that circumstance under State statues. Conversely, if Terry Edwards is the innocent victim of the wrongful acts of one public official, he should not be victimized further."
Chancellor Alissandratos has not yet responded to the petition.
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December 8, 2000
Board of Commissioners Meeting Report
Judy Bennett
• City election moved back to September
• City will return Benham's $25,000; City Planner to be questioned re: his first hand knowledge of the "gift" conditions
• New city boards members appointed for 2001: Hartz to Planning Commission, Griffin to Park Board; new citizens to
PRB, DRC, BZA
• City Manager asked to Hire Asst. City Attorneys for Carmichael, Temple, Hartz in Terry Edwards Lawsuit
The agenda was lengthy. Selected highlights follow.
• Four citizens spoke:
Friarson Graves, Memphis attorney, against changing the city election date;
John Wilkerson for El Hill Park land purchase and September elections. Mr. Wilkerson also questioned whether or not citizen comments were considered or whether they were "like water off a duck's back."
Mitchell Brown spoke on behalf of developing a master drainage plan to prevent ongoing land destruction due to poor drainage plans by developers. He provided pictures to the commissioners showing current drainage problems in Woodland Park due to bad drainage plans in Canada Woods s/d.
Diane Eason spoke on behalf of approving the new tree ordinance to prevent the destruction of trees, such as the 60" diameter elm tree soon due to be destroyed as part of the Makowsky-Ringle plan to remove all trees and sell dirt from the remaining wooded 10.7 acre tract between Highway 64 and the water tower in Lakeland.
• Vice Mayor Carmichael made several presentations:
To representatives of the Shelby County Sheriff's Department for their excellent work after the tragedy at the Peoples Bank;
To Viola Shannon, for her work as a Neighborhood Watch activist;
Mitchell Brown received an award on behalf of Woodland Park, which was the recipient of the Shelby County Neighborhood Watch Group of the Year Award.
• Commissioner Hartz read a letter from the PRB to Joe Kirby requesting that Mr. Kirby reconsider an apparent City decision to discontinue sending a City staff person to assist at PRB meetings. The PRB members feel that having a knowledgeable city staff person, such as Chris
Masin, at their meetings provides necessary information and guidance for decision-making. If no city staff person is provided, the PRB will be the only city board without such city staff representation.
Old Business
• Comm. Hartz moved to adopt the standardized commercial subdivision contract that was presented last month. After clarifying that this "boilerplate" contract would in no way by-pass the subdivision contract review procedures recently put in place, the BOC passed the motion unanimously.
• Comm. Hartz moved that a proposal on action on a master drainage plan be presented to the BOC by the city staff at the next work session. Unanimous pass.
• Comm Temple moved to accept on final reading an ordinance to amend
Ord. 98-02, basically the city ordinance that defines the work of the Lakeland Design Review Commission. Amendments added were to create 2-year (rather than 1-year), staggered terms for DRC citizen members, and to add the review of all subdivision entrance treatments to DRC activities. Passed unanimously.
• Action on purchase of 5 acres of parkland (El Hill Park), discussion of use of prisoners, and discussion of the status of fire protection were all postponed to the next work session.
New Business
• Comm. Temple moved to set Thursday, Sept. 20, 2001, as the date for the next Lakeland Election, to set subsequent elections for the 3rd Thursday in September, and to repeal all prior election date-setting ordinances. Motion passed 3 for, 2 present (Griffin &
Bomprezzi).
• An ordinance for the protection & maintenance of trees in Lakeland was introduced by Comm. Temple. It is based on an ordinance in place in Roswell, GA. It passed unanimously on the first reading.
• Two actions occurred relative to the Randy Benham $25,000 "gift to the city" issue:
(1) Resolution passed in which BOC directed the City Attorney to obtain a statement from Mr. Mo Khelif relative to facts surrounding Mr. Benham's donation.
Comms. Griffin and Bomprezzi voted "present."
(2) Resolution passed to refund $25,000 to Randy Benham because it was not a gift. Passed 3 for, two present (Comm. Griffin &
Bomprezzi).
• Appointments to city boards were made as follows:
Parks and Recreation Board: John Knickerbocker and Vicki Glass.
Design and Review Board: Judy Bennett, Jason Brownlee, Peggy Davis, John Lucas (not the Commercial Appeal reporter), Susan Mitchell, and Bill Morgan.
Board of Zoning Appeal: Charles Thompson, Gerrit Verschuur, Randy Nicholson and JoAnn Cohen.
Commissioners were appointed for 1 year terms to boards as follows:
Comm Hartz to the MPC; Comm. Carmichael to the BZA; Comm. Temple to the DRC; Comm. Griffin to the Parks Board. These commissioner positions will be assumed at the first board meetings of 2001.
• The BOC voted unanimously to authorize the expenditure of $500 for a Christmas Party for the City Hall staff.
• BOC unanimously agreed to reduce the performance bond of Plantation Hills subdivision Section "B," but could not agree on "final acceptance" or on "accepting money in lieu of developer constructing a fence" for same subdivision. Undecided items will go to the work session.
• Commissioner Temple introduced a resolution to allow the City Attorney to hire assistant city attorneys to aid in defending the three commissioners who are being sued in both their official capacities as commissioners and also as individuals. The motion was amended to authorize the City Manager, upon the advice of the City Attorney, to hire such additional attorneys. This issue became contentious, as the Mayor sought to have his name also placed on the list of those having assistant attorneys hired for their individual defense. (The mayor is being sued in his official capacity as Mayor and commissioner, not personally.) It was noted in exchanges between the Mayor and the City Attorney that the Mayor's own lawyer from previous city litigation is the one who is suing him and expectations are that the mayor may soon be dropped from this suit, thus at this time, he may not require a separate attorney. The motion naming only the three commissioners being sued individually
(Hartz, Carmichael and Temple) finally passed (3 for, 1 against.) The mayor angrily withdrew himself from the chair as a result of a challenge by Comm. Temple to the first vote taken, which lead to confusion about the meaning of a "present" vote and not voting. The mayor, in his withdrawn status, did not vote on this item.
Meeting adjourned, finally.
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December
7, 2000
Planning Commission Meeting Report
Tree and Earth Removal Allowed near Water Tower
Gerrit Verschuur
Tuesday’s meeting promised to bring out the best and worst in people, depending on your point if view. And it did. Fortunately, thanks to the careful preparation by Chairman Bennett, the meeting ran smoothly, which is the good news. The bad news is that . . . but that would convey my point of view, wouldn't it?
To kick off the evening, two Stonebridge residents spoke up regarding the request for a land disturbance permit for the 10.7 acres between the “used car lot” and the illegally cleared triangle at the corner of I-40 and Hwy 64. Ellen Davis was concerned about the removal of what now serves as a great tree buffer, and the effect that would have on sound levels and property values in that area of
Stonebridge. Diane Eason added a plea to the MPC to abide by the ordinance that points out that a development contract for a subdivision must be in place before a land disturbance permit can be issued. No such contract or development plan for the property exists at this time.
1. Action on a Land Disturbance Permit for the Stonebridge Commercial Subdivision
As suggested by the Mayor at the work session, the developer brought along his lawyer. After the Director of Planning summarized the past steps taken in regard to this property that extends from Back Yard Burger to the newly clear-cut tip of land between US64 and I-40, Chairman Bennett read from the Tennessee Code the definition of a subdivision. He asserted that previous MPC actions in regard to this development may not have followed Lakeland’s subdivision regulations. Then, he conveyed that in order to allow land disturbance in a commercial subdivision, the City, since July 2000, now required a fully approved plan for a subdivision, including a development contract, before any trees could be harvested and dirt removed—some 60,000 cubic yards of it. This stumbling block was dealt with by several MPC members who believe that this property had not been subdivided in a manner that required adherence to the zoning ordinance or subdivision regulations.
Attorney Huckabee claimed that Makowsky and Ringle followed all the requirements made by the MPC in development of the three parcels already re-subdivided between 1998 and earlier this year. Chairman Bennett agreed, but said that these were not the prescriptions of the subdivision regulations, which the City was obliged to follow. The Attorney ridiculed Chairman Bennett's suggestion that a reasonable number of large trees might be saved in the 10.7 acres if a development plan was submitted which included tree clusters within the parking lot design. "On that site, up in the air like that?" asked the attorney. The rest of the MPC agreed with the attorney. The grading plan and tree survey show that up to 11 ft. depth of earth will be removed. Included will be a one acre (approx.) grove that includes twelve 30" to 42" diameter willow oaks south of the water tower and a 2.5 acre (approx.) grove of mixed varieties near US64 that contains several dozen 24" diameter or larger specimens.
In the end the MPC voted 5-1 to allow the “dirt harvesting” (and tree removal) permit. The motion included the requirement that dirt removal was subject to the approval of the Tennessee Department of Environment and Conservation's new erosion control permit, which the developer said had been applied for. Also, the Mayor added a clause to the motion to require that the storm water retention and detention basin plans for the area to be cleared must be approved by the City Engineer. The plan calls for a .11 acre detention pond near US64 with a maximum capacity of .33 acre feet of water. TDEC will have a say as to whether this is sufficient protection for the control of runoff that will flow under US64 towards Grays Creek.
The Director of Planning then added a condition. At the work session the Mayor had asked him what he would do about granting a permit because the MPC itself could not actually do so. At that time, and after much discussion, Mr. Khelif admitted that according to the recently passed City Ordinance he might not be free to issue such a permit. He will therefore seek advice from the City Attorney as to whether or not such a permit can in fact be issued as approved by the
MPC. Perhaps we have not heard the last of this issue.
2. Action on The Pointe Subdivision Contract
The BOC recently instituted a new policy regarding the manner in which development contracts are to be handled by the City. First, City staff prepares a contract based on input from the developer and using a boiler plate version recently agree to. This is then reviewed by the
MPC. They then recommend changes and send it to the BOC, which makes their changes and approves the contract. Then it goes to the City Attorney for review and he refers the final copy back to the BOC before the Mayor signs the contract. Apparently the idea was to have the initial work done by City staff in a manner that showed the MPC what changes had been made by staff; which means penciling them in.
The process threatened to bog down almost immediately because an earlier version seen by the MPC had been retyped by staff and now no one knew what changes had in fact been included. This subtle distinction looms large in the light of the recent allegation leveled against another developer and City staff for fiddling with a contract without bringing it back to the BOC for
reapproval.
Anyway, the Mayor kicked off this segment by moving to accept the contract but when he discovered that the City Attorney had not seen it in the retyped version he withdrew his motion. The Chairman then moved to discuss the contract and in due course the MPC went through the time-consuming but very important task of checking every paragraph. And a good thing, too. They found many errors and even found a paragraph that belonged in the contract referred to in item 3 below. But then, when all was said and done, the issue was what to do next. The MPC split 3-3 on allowing the Secretary and Chair to certify that the retyped version reflected what had been recommended by the
MPC. Instead they will call a special meeting to review their recommended revised draft document before sending it to the
BOC.
On the positive side, this careful process is a heartening example of what needs to be done to bring order to the chaos that sometimes befalls the development process in Lakeland.
3. Action on the Windward Hills Subdivision Contract
This was the one that expired some time ago and is now being resurrected. The discussion went more smoothly and a number of changes were made to the draft, which includes an increased buffer strip between Seed Tick Road and the residences through which an asphalt walking and biking trail will meander, a heartening move for our City. The recommended changes to this contract, too, will be reviewed at the forthcoming special meeting.
Additional agenda items were deferred to said meeting owing to the lateness of the hour (10p.m.).
Overall, I was struck by the fact that despite rumblings that could have lead to more internecine war, the Chair was able to move the meeting ahead and while the Mayor and he did not always see eye-to-eye, they at least are both well prepared to deal with these complex issues. Other than Ms. Dianne
Baldi, the other members played very little role in the proceedings. I find that a pity. Lakeland would be better served by an MPC that has 7 members all equally involved in taking on the heavy responsibility of guiding Lakeland’s future. In addition, there is as yet no sign of a replacement to fill a vacancy created when Philip Davis had to resign in order to devote his full attention to his new job, which, ironically, is to oversee the TDEC land disturbance permit business for Shelby County referred to above. One wonders what the Mayor is waiting for?
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December 6, 2000
Vandals Strike The Pointe
Gerrit Verschuur
In yet another case of Lakeland construction site vandalism, the retaining wall at the entrance to The Pointe subdivision was knocked over by vandals who broke into heavy construction equipment to hot-wire the starter. This machine was then used to ram the wall. Two reports are now on file at the Sheriff's office following two separate incidents at the site on Seed Tick Road.
We urge anyone who sees any suspicious activity at any construction site or public park around town to call the sheriff immediately. These morons must be stopped.
My personal suspicion is that parties in or quite familiar with Lakeland are involved. A few years ago a track hoe was driven into Garner Lake by vandals. Over the last year vandals have repeatedly done damage at IH Park by defacing picnic tables and hauling portable toilets into the lake, as reported in the recent issue of Citywatch. Now we have this blatant incident that has caused additional thousands of dollar worth of damage. Please, if you come upon suspicious activity or hear bragging, call the sheriff. Let's be a total community on watch. These are not harmless pranks!
Apologies for Recyling Dates Error in Citywatch
Gerrit Verschuur
I apologize profusely for creating confusion in regard to recycling dates, as published in the December issue of Citywatch. The dates should be Dec 11 & 26, January 8 & 22, February 5 and every two weeks thereafter.
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December 2, 2000
Planning Commission Work Session Report
More of Lakeland About to be Leveled
Gerrit Verschuur
You should be awaiting with bated breath the outcome of several votes scheduled for the next Regular Meeting of the MPC on Dec. 5 at City Hall, 6:30 p.m. In particular, the MPC may vote to allow Makowsky and
Ringle, the owners of the piece of land on Route 64, just west of the area that seems to have become a used car lot, to clear an additional 10.76 acres so that they can “harvest” the dirt. This is another way of saying that they will tear down all the trees except for a 20ft. buffer and gently slope the area to make it ready for development. It so happens that this will also make for a smooth transition between the triangular area at the corner of Rt64 and I-40 just flattened by someone acting without a permit and now subject to a belated City stop-work order before they too harvested the dirt. The machines are still poised.
This was a “highlight” of what we heard at last night’s MPC work session. Chairman Bennett reminded the members that a City zoning ordinance revision passed in mid-year states that no land disturbance permit may be issued until after a construction plan is approved for a commercial subdivision. No such plan exists for this acreage said Mr. Greenberg, CFO for Makowsy and
Ringle. The "Stonebridge Commercial Subdivision Planned Developer" is not really a commercial subdivision, he said. There was a PUD plan for the property when it was in Shelby County, but when Lakeland annexed the area Mr. Greenberg claims that Lakeland had no procedures for a planned commercial development. Thus, the property is being developed parcel by parcel. Greenberg claims that two years ago they could have done this clearing with the MPC's blessing but simply didn’t get around to it. Lakeland's change in the zoning ordinance makes it difficult and confusing for developers, we were told.
We then heard from several MPC members who would just as soon have this developer continue under the old rules and quickly do the job or challenge the City on the wording of the ordinance. Mr. Greenberg was reluctant to take the bait either way. He stated that he had a buyer for this “harvested” dirt and that by the time the City acted to change anything that opportunity would be gone. He would therefore withdraw his request for a permit at this time since Mr.
Khelif, City Planner, seemed to agree with Chairman Bennett that a land disturbance permit would not be issued by his office without a subdivision contract. But wait!
Amazingly, the Mayor did not let Mr. Greenberg get away with that. Instead he suggested that Mr. Greenberg attend the regular meeting on Tuesday and bring along his lawyers who should make sure they had read the relevant Lakeland documents by then. Then those lawyers could tell the MPC whether they accepted the City’s ordinance or whether they would like to challenge this ordinance that prevents a permit being granted under the circumstances that he and other members of the MPC seem to want to pertain here.
Later in the meeting rookie MPC member, Richard Davis, who has hardly spoken a public word since being appointed, let it be known that as far as he was concerned the sooner they removed the trees from that area and leveled it the better. Then that acreage would be nice and smooth like the areas around the intersection of Rt. 64 and Houston Levee. That would hasten the day when the developer could sell his lots, which would quickly lead to increased sales tax dollars from whatever store or stores might arise at that location. Mr. Greenberg told us that he hopes, but has no client in hand, to sell the entire site to a "big box" enterprise.
The bottom line is that the MPC may well allow this dirt harvesting to occur immediately, with no plan for development, which means that the edge of the golf course bordering this property will soon be devoid of the tree mass presently there.
A tree survey may have been done two years ago, said Mr. Greenberg, but no one seemed to know where it was. But the tenor of the meeting seemed to be that to heck with any tree survey. Let the dirt quarrying begin! On Tuesday we may see the MPC willingly agree to let the developer dig without any plan, a developer who would otherwise be inconvenienced if he were to accept Chariman Bennett's and Mr. Kehlif's understanding of the City Zoning Ordinance, as amended—that a commercial planned subdivision must have a development plan approved by the MPC and have a development contract approved by the BOC prior to the clearing and grading of the land.
This land will most certainly be commercially developed, but in what manner and under what controls of the city? The MPC will further debate and vote on this issue Tuesday. You may want to attend and voice your opinion. Several other important items will also be on the agenda—development contracts for The Pointe and Windward Hills, section A, for example.
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December 1, 2000
Today is Arts, Crafts, and Jewelry Day in Lakeland
Don Bennett
By fortuitous chance, three art, pottery, crafts, and jewelry events are being held in and around Lakeland today. Visit these homes, studios, and the Belz Mall for a day of enjoyment and/or shopping:
Rural Route Art and Pottery Show and Sale - until 5:00p.m. today only
• Studio 4881: 4881 Canada Rd., paintings by Deborah Carpenter, constructions by Jimmy
Crosthwait.
• Stark Pottery Studio; 12675 Donelson Rd, pottery vases, plates, dishes by Agnes Stark.
• Eads Pottery: (old Eads near the Post Office), pottery vases, plates, dishes, decorations, cups, creations by Ellen and Butch Boehm.
Filigree Silver and Jewelry Show and Sale - until 8:00p.m. today, Sunday 1-6p.m.
• Carol Thompson and Sue Ward, 3135 Cobb Rd. Hand-crafted silver, semi-precious and precious stones, $5 up. Featuring Jessica Thompson Designs from San Francisco.
Holiday Craft Fair - until 6:00p.m. today and Sunday
Factory Outlet Mall. A great variety of crafts will be on view/sale by numerous area craftsmen and women.
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November 30, 2000
Terry Edwards Sues Lakeland for $31+ Million
Bomprezzi, Hartz, Temple, Carmichael Named
Don Bennett
In a Chancery Court suit filed Wednesday by Windward Slopes developer, W. Terry Edwards and Windward Slopes L.L.C the City of Lakeland, Mayor Bomprezzi (as mayor and commissioner) and Commissioners Hartz, Temple, and Carmichael (individually and as commissioners), were sued for $31+ million in damages and penalties with additional compensatory damages possible. Edwards' suit specifies breach of contract, wilful, wanton and gross negligence, violation of the open meetings act as to Temple, Hartz, and Carmichael, violation of first amendment right of freedom of speech, libel and slander, outrageous conduct and intentional infliction of emotional distress, taking of property without due process of law, and intentional interference with business relations. A jury trial is demanded.
The suit is in response to various Board of Commissioners official actions, City administrative actions, and the four defendants' statements and actions relating to Mr. Edwards' Windward Slopes development contract with the City. The pivotal issue is whether or not Edwards had a valid contract with the City. The additional claims arise from that. What may have triggered the suit was the recent City ban on building permits in phase 2 imposed by City Manager, Joe Kirby in order to follow a July, 2000 change to the Zoning Ordinance which does not permit the issuance of building permits when there is no existing development contract.
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November 28, 2000
Planning Commission Work Session Agenda
Thursday, November 30, 6:30p.m., City Hall
1. Discussion of Land Disturbance Permit for Stonebridge Commercial Subdivision. (Clear and grade 10.76 acres between US64 and I-40 W. of the golf course, SW of the water tower.)
2. Discussion of application from Quinton Olds Trust for a two-lot, 12 acre minor subdivision on US70, 490 ft. E of Seed Tick Rd.
3. Discussion of Land Disturbing Permit restrictive use.
4. Discussion of requiring reapplication for current Land Disturbing
Permit if development contract lapses.
5. Discussion of process to be used in updating the Comprehensive Plan and Future Land Use Map.
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November 27, 2000
Highlights from BOC Work Session
Don Bennett
Tonight's BOC work session moved briskly through a lengthy agenda with good manners from all. This capsule report covers only the highlights; information that raised a few eyebrows and whet the appetite for the regular BOC meeting on Thursday, December 7.
• Zadie E. Kuehl Park, in the S. end of Canada Woods s/d has been deeded to the City by the developer, Randy
Benham. This is now a City Park. Although unimproved at the present time, the Park Board is making plans and preparing a budget.
• The matter of Randy Benham's $25,000 gift to the city, given to compensate for unauthorized removal of trees, which he now wants back, is being investigated by the Tennessee Bureau of Investigation (the state version of the FBI) for possible illegal or inappropriate behavior of a party or parties unknown or unspecified at this time. The investigation in ongoing.
• El Hill Park, the 5 acres that Clair VanderSchaaf agreed to sell the City for $200,000 more than a year ago, has still not been purchased. City Attorney Lakin and Comm. Hartz will again try to conclude this purchase. The ball (buck?) has been repeatedly passed over the past year with nothing to show but a series of lateral shovel passes with no net yardage gain.
• The BOC will vote on 12/7 to rescind approval of all s/d contracts that have expired—Windward Hills, Windward Slopes, phase 2, 3, 4, Village at Water's Edge, Bentbrook Hills, phase 2. No reason for this apparent "double-kill" was given; we may find out next week.
• The City Manager, Joe Kirby, revealed that the City has no formal agreement with Shelby County for fire protection. The BOC will consider whether such a document would be a good idea. Word is (said Comm.
Hartz) that the Countrywood Fire Station that currently serves Lakeland will remain a County station even if Countrywood is annexed by Memphis. (But would such a station then stop serving "Memphis" a.k.a.
Countrywood? Would it serve two jurisductions? If so, how would it be funded?) The next nearest County station is at Bolton, although the County does have an agreement with Arlington to help out when needed. The BOC also discussed the possible need for more hydrants and better water pressure in some outlying areas. (That is the reason that the water line on Seed Tick Rd. cannot serve the new school—not enough pressure. A new, larger line is needed.) The County has assured Lakeland that it will continue to provide fire service to Lakeland. If all of this makes you a little nervous, contact your nearest Commissioner.
• A Zoning Ordinance amendment will be proposed for an overlay "Historic Rural Road" zone to better protect Seed Tick Road and possibly other roads that may receive this designation. What will this mean in terms of, width, protecting trees, required greenway, or restricted building in the
H.R.R. zone? Contact Comm. Temple with your suggestions and/or concerns. The City Attorney was asked to prepare a draft.
• Developer representatives from Windward Hills and The Pointe were in attendance because they had been informed that discussion on contracts for their subdivisions would be added to the agenda. Didn't happen. The BOC passed a resolution last month stating that "stop work" orders would be placed on all s/d that did not have valid contracts by December 15. No mention was made of this fast-approaching date and consequence.
• The deadline for citizens wishing to be appointed to the Park Board, Design Review Commission, and Board of Zoning Appeals
has been extended since the BOC has received insufficient applications. Call City Hall (867-2717) to request a faxed application, or stop by and pick one up. These boards perform critical work on behalf of the city. Be a part of "the solution" and complete an application.
November 27, 2000
The Future of Safe Drinking Water in Memphis
Don Rich
Tuesday, November 28th, 2000 - 7:30 p.m.
Memphis Botanic Garden, Audubon Park
750 Cherry Road, Memphis
How Memphians feel about their outstanding drinking water,
threats to the source of that water and how to protect it will be
the focus of the Sierra Club's Chickasaw Group's program
meeting in November.
Dr. John Wingard, assistant professor in the Department of
Anthropology at the University of Memphis, is studying these public
perceptions under an Environmental Protection Agency grant.
With the assistance of several of his students, Dr. Wingard
prepared a report which was presented at a meeting of the Society
for Applied Anthropology.
The first step, Dr. Wingard said, is to determine the "community
dynamics" how people feel about their community water and its
source. Virtually everyone agrees Memphis water is a "natural
treasure" that should be protected, and most people even agree
there is some threat to that water, he said. The differences become
apparent in the questions about that threat: what are the sources of
the threat(s); how great are the threats; what should be done about
protection; who should take action about those threats; when should
action be taken to protect against those threats? Those perceptions
are what drive the action, and Dr. Wingard said, "It will be hard to get
people to take action until they understand the threat is real".
For more information, contact Memphis Botanic Garden at 685-1566
or Charlie Rond at 795-5092. All are welcome, members or not.
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November 6, 2000
Planning Commission Regular Meeting Agenda
Tuesday, November 7, 7:15p.m.
The following items are on the agenda for action:
• Amend the MPC Bylaws
• Restrict issuance of Land Disturbance Permit to developers
• Require re-application for existing Land Disturbing Permit if development contract lapses.
• Sewer concept plan for Windward Hills s/d outfall line.
• Cedar Ridge changes to PRD site plan.
• Reapplication for construction plans for The Pointe s/d.
• Sewer Plans for The Point s/d.
• Boat ramp for Windward Slopes s/d.
• Committee members appointed to advise the MPC on updating the Land Use Plan.
Got Your Flu Shot Yet?
Go to Walgreens or Krogers on Wednesday
Diane Eason
Walgreens (US 64 at Fletcher Trace) is offering Flu shots and Pneumonia shots on Wed. 11/8
from 9:00am to 1:00pm. Cost: flu shot $12.00, pneumonia shot $25.00.
Krogers (US 64 at Fletcher Trace) is offering flu shots only on Wed. 11/8 from 2:00pm to 6:00pm "in the bread isle." The cost is $12.00.
Supplies are limited!
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November 3, 2000
Board of Commissioners Meeting Report
Election Date: September, no change
Windward Slopes: City &WS Further Apart
Creekside Rezoning: Approved
The Pointe & Windward Hills Contracts: Postponed, but not really!
Don Bennett
A new model for the Board of Commissioners meetings continues to evolve:
• No discussion on extremely important topics, by either side.
• Mayor and Griffin vote "present" on important issues—not for, not against, just there.
• Developers/public left in the dark as to the meaning of cryptic votes.
• Polite and swift flow of business indicates greater disconnection between board members, not integration.
The always-surprising BOC left nearly everyone slack-jawed at last night's meeting. The paucity of debate, pro or con was startling. It was almost as though the two normally adversarial groups made a pact to be civil but to not engage each other.
The Election Date Battle
This issue ended quietly when Vice-mayor Carmichael proposed to table the action to repeal
Ord. 148 (the September election date ordinance). No discussion is allowed on a tabling, just a vote. The first of many 3-0-2 votes resulted: Carmichael, Temple, Hartz "yes," no one voting "no," Bomprezzi and Griffin voting "present," which means they are registering a non-vote. So the recorded vote will be unanimously in favor. This tally results from the count of those voting. This was obviously the easiest, least painful way out of the attempt to change the election date to May. The Mayor's objection to the move was reinforced last week by an MTAS legal council. Is the battle over? Ask Yogi?
Windward Slopes Disconnect Widens
The distance between parties (city and developers) took another step further apart, rather than closer together with the 3-0-2 vote on a resolution declaring that there has never been a legal contract between the city and theWS developer due to the Mayor signing a materially altered contract one month after different conditions were approved by the
BOC. The key changes were the adding of a subdivison phase, the withdrawal of 1.32 acres of land donated to the city, and the addition of language giving the developer the automatic right to a contract-extension if work is continuing. Some of the changes were initialed by Terry Edwards and Mo
Khelif, some were not. The most curious aspect of the altered document is that Terry Edwards signed it on Sept. 23, 1999, the Mayor signed it on September 27, 1999 (presumably with the changes present) and Norman King, City Recorder, also signed it on September 27, 1999. The resolution passed last night indicates that the Mayor signed an altered, unauthorized document. But if the changes were on the document when he signed it, then Mr. King attested to an altered, unauthorized document. But Mr. King has never been mentioned in the fracas. Why not? Could the document have been altered by Mr. Khelif and/or Mr. Edwards and/or other parties unknown after all the signatures were in place? Attorney General
Sommers' office has been asked to get to the bottom of this bizarre affair, but things are moving slowly.
Also at the meeting the BOC voted (3-0-2) to place all the sewer tap fees paid by the WS developer for phases 2, 3, and 4 ($318,000) in an escrow account, to be given back to the developer upon verification of the non-contract condition. One problem. The sewer line has been laid in phase 2, the taps placed in the lots, and lots are being sold. Will lot sales have to stop? Apparently not. The developer has also requested from the MPC that preliminary plans be approved for new work—a boat ramp. Does the BOC's resolution of "no contract" affect the MPC's action? Apparently the MPC will have to decide unless City Manager Kirby issues a directive.
The WS developer has yet to propose a required compensation plan for the allegedly illegal tree removal in phase 3. Both the City and the developer seem to be playing
"one-blinksmanship."
Developers Confused by BOC
Finally, a third resolution affects WS and all other developments with expired contracts or expired plat approvals. Only recently has the BOC dug down into the conditions of contracts (one year length) and plats (6-month approvals). It found that nearly all developers had problems. A new resolution states that the City Manager will issue stop work orders unless all such developments, by December 15, are in compliance with a just-passed procedure for reactivation/reapplying.
And that is the crux of the confusion. Both a resolution and an ordinance with the same language were passed last night
(Ord. must have a public hearing and second reading, however.) The developers present (and there were a lot present!) did not have a copy of the new procedures, effective immediately. When the BOC voted to postpone action on renewing the contracts for two of the developers, they were nonplused, to say the least. Explanations by the City Attorney and Planning Commission Chair after the meeting informed developers that the sequence of events in the resolution was for the developer to request extension/reapplication, as appropriate, then have expired plats be OKed again by the
MPC. Next, the developer could have sewer plans (whether in the ground or not) OKed by the
BOSC. Finally, a new contract could be prepared by the city and developer for BOC consideration.
I think I have this straight. But without benefit of any foreknowledge, you can understand why several developers' blood pressure might not have been chartable!
Other Matters
• No funds for a professional planner to revise the Comprehensive Plan: BOC will wait for the results of the citizen committee that will make recommendations to the MPC before voting for funds. Comm. Griffin has asked for $25,000 on behalf of the MPC project.
• Creekside Manor s/d received rezoning to R-I PRD and C-1: An inaccurate survey of the property was corrected and after the question was divided, both passed—residential 5-0, commercial 4-1 (Temple, no).
• BOC approved a loan for up to $104,000 from the general fund @6.75% interest to create the escrow fund for the WS sewer tap fees. The rest of the $318,000 will be moved from the sewer fund.
• City will give $4,000 (perhaps $4500 - - not clear) to WMC for the homework hotline program. The Mayor called each municipality in the county and found that no other had been asked to contribute. A Shelby County school official also told the Mayor that only 2% of county students participated. However the vote was 3-0-2.
• City will reimburse the Chamber of Commerce $500 for band/float awards for the Nov. 18 Christmas Parade.
• Action on the city-wide plan for storm water control was moved to the next work session.
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November 2, 2000
TDOT to Repair Davies Plantation Bridge
But Not Until February
Don Bennett
After five phone calls (City Hall, Arlington, Memphis, Covington, Memphis) QNet is able to convey TDOT's plans for repairing the Davies Plantation bridge over I-40. Residents have been asking about the covered signs on Canada Rd and Davies Plantation Rd. Here is the answer.
Beginning on approximately February 1, TDOT will close the bridge for 30 to 60 days in order to completely replace the road substructure in the bridge. The work was originally set to begin now, but the schedule shifted. The black-bagged orange detour signs will remain in place.
Should the schedule change again, QNet will let you know.
BPAC to Host Le Trio Gershwin,
Friday, Nov. 3 at 8:00p.m
Ron Jewell
The music of George Gershwin lives on through Le Trio Gershwin coming to the Bartlett Performing Arts Center direct Paris on Friday, November 3, at 8 PM. The ensemble has performed throughout Europe and the United States. Tickets for this enchanting evening are $15.00 and are available one block south of Summer Ave.
Le Trio Gershwin is comprised of classical guitarist Alfred Street, pianist Jean-Noel Roux, and cellist Benoit Charvet. What is most impressive about Le Trio is how each instrument displays its unique sound and outstanding balance between them. One of the highlights of a Le
Trio concert is their extraordinary arrangement of Rhapsody in Blue along with one of the most beautiful revisions of Porgy and Bess, and arrangements of several of the most popular songs by George Gershwin.
Celebrate the genius of this great American composer at the Bartlett Performing Arts and Conference Center with Le Trio
Gershwin.
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November 1, 2000
Roads in Lakeland
Don Bennett
Mr. Gene Bryant, Manager of the Metro Planning Organization Transportation Dept. presented a two-hour survey of road project priorities in Shelby County Monday evening at City Hall. About twelve attended, included the Mayor, the City Planner, the Chair of the Planning Commission. Nothing will change soon in Lakeland, but this outline summary will be of some interest to all:
• None of the current top priority projects slated for funding next year involve Lakeland.
• The I-40/I-240 interchange project at exit 10 will begin in the spring. Within four years it will provide two "fly-over "lanes from I-40 westbount to I-240 southbound and two lanes to I-40 northbound. Four years!
• If Lakeland keeps residential density below 2 units per acre in the now rural areas (called for in the Future Land Use Plan, but not adhered to by the BOC and MPC in some subdivision approvals within that area) the city will not need to widen existing roads to 4-5 lanes or add new roads of this width other than those already planned—Chambers Chapel, Beverle Rivera Extended
(NEward from Seed Tick's turn north connecting with Oak Seed Dr., then to Chambers Chapel). If Lakeland allows a density of 4-5 units per acre, as the county is allowing in the Macon Rd., Houston Levee area, large roads will be needed every 3-5 miles.
• The highest priority road widenings (within ten years) are Canada, US64 to I-40 and Chambers Chapel, US64-I40.
• Houston Levee, just S. of US64 will be 5 lanes by 2003. This will put pressure on Canada Rd to be widened soon thereafter. MPO expects most of the widening cost to come from developers' and city money. (NOTE: QNet will soon report on provisions made by the City and the Canada Woods developer relative to when Canada Road will be widened opposite Canada Trace.)
• There is no current plan to create an I-40 entrance at Chambers Chapel, nor is there a time plan for widening the bridge over I-40 on Canada Rd.
• The MPO is encouraging subdivisions to interconnect so that traffic can exit/enter on more than one major road, in more than one direction, in order to reduce concentrated street loading. Several of Lakeland's new s/d and those in planning stages do not interconnect and do load onto only one road. This will tend to increase the need for wider roads.
• Brunswick Rd. will be widened in the 10-20 year plan and will have a by-pass W of Bolton and the high school. However, the wider road is planned to go straight through the village of Brunswick. Several Brunswick residents at the meeting noted this with distaste.
• Each city has road choices when planning for its "build-out" density. Several big roads with faster pace or more smaller roads with slower pace. The MPO does not dictate this, only that a city must plan for the realistic number of people its land use plan predicts will live in the area. Thus, having a land use plan and following it, is critical to realistic road planning. A city should determine its land use and stick to it, and not allow developers to alter it again and again.
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October 31, 2000
BOC Meeting Agenda
for Thursday, 11/2
Don Bennett
-
Rezone Creekside Manor property from FAR to R-1 PRD and C-1, final reading.
• Codify Lakeland Ordinances, first reading.
• Repeal Ord. 148, date for the election of Mayor.
(Note: This ord. set the election date in September. It is being repealed so as not to conflict with the new ordinance setting the election date in May.)
• Action on approving a commercial subdivision contract.
• Action on becoming a WMC-TV5 Homework Hotline contributing partner ($5,000).
• Action to amend the DRC bylaws.
• Action to approve a policy and procedure for the submission and approval of subdivision contracts.
• Action on creating a city-wide masterplan for storm water control.
• Windward Hills s/d contract for section A.
• The Pointe s/d contract.
• Funds to hire a professional planning firm to update the city's Land Use Plan.
• Revisions to the city's personnel policy.
• Bids for asphalt overlay at City Hall parking/jogging areas.
• Rescheduling the January BOC regular meeting.
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October 28, 2000
MPC Work Session report
Business-like Session Moves Efficiently Forward
Gerrit Verschuur
All members were present.
Chairman Bennett announced that he had invited a group of citizens to act as an advisory panel to give input on revisions to the Land Use Plan, which is being updated by the
MPC.
The Mayor announced that three members of the MPC were up for reappointment in November and he would reappoint Bennett for one year, Richard Davis for 2 years and Larry Thomas for 3 years. (With the exception of the BOC appointed member, the sitting mayor may remove any MPC member at any time, regardless of length of term.)
Items moved to the agenda for the next Regular meeting, November 7 at 7:15 p.m.:
1. Clarify how Land Disturbance Permits are to be used. There was no discussion of Chair Bennett’s 3-page thesis that for years these permits had been misapplied by the City.
2. A related issue is to require that a developer must re-apply for a previously granted Land Disturbance Permit if a development contract has lapsed. No comments by the rest of the
MPC.
3. A concept plan for a gravity sewer outfall line for the Windward Hills subdivision to tie into the line being planned for the Oakwood subdivision phase 4, which in turn allows a tie-in with the sewer planned for the new school. Everyone seemed in agreement that this was a good concept, including City Engineer Stan
Klenk, Will Griffin, Windward Hills developer, and Frank Fitzgerald and Mark Neal, Oakwood developers.
4. Mr. Fred Saliba gave an oral presentation regarding how concerns expressed at a past BOC meeting about details of the Cedar Ridge subdivision have been met. A key issue was the recognition by the City engineer that a second entrance through Woodland Park was not "required" although he would prefer that there be a second entrance. Mr. Saliba said that he has assurances from the land owner to the east, that a second entrance would be OK in that direction when that land is developed. The Woodland Park connector has therefore been removed, much to the relief of residents of Woodland Park. This seemed to irk Commissioner Griffin who persists in wanting the Woodland Park access. In this regard, the Mayor told Mr. Saliba that, “You are trying to appease the commissioners.” The context of this remark seems to be that the wishes of residents along the narrow streets in Woodland Park should not be respected and that the MPC should stick with the original decision to allow this access road. At the time this decision was made to require this access road the City engineer had incorrectly advised the MPC that this was required by County Fire Code. Now that he has reversed that statement several members of he MPC seem reluctant to reverse their stand.
The new plan also removes several lots so as to increase the minimum size for lots adjoining Woodland Park to 7200 sq. ft. Another important change was Saliba's agreement to install a permanent 48 ft. wide road with curbs and gutters into the subdivision through his commercial area from US64. Creating a 100 ft. wide entrance off of US64 was also agreed to. Finally, Saliba will request several variances to the subdivision regulations street curve radius requirement in order to satisfy Comm. Hartz request to do less damage to the environment. Saliba will also do a tree survey prior to development in order to make it clearly known to all which trees will have to go and which will stay.
The MPC will review and comment on these new points to the BOC at their regular meeting.
5. Extension of construction plans for The Pointe subdivision was discussed. Confusion regarding what steps the developer has to take to reactivate the expired plans were clarified. The appropriate request, to "reapply" will be sent to the City before the regular meeting.
In discussion, the question of what steps will be taken to protect Garner Lake from street run-of once the subdivision is completed came up. The Mayor noted that the Garner Lake Association had recently pointed out to the City that storm drains in Lakeland Estates, inherited from times when few cared, were negatively impacting the water quality in the lake. At the Mayor’s urging, your reporter (as President of the
GLA) responded and it was decided that the developer would conduct a tour of the site for members of the GLA Board to point out what was planned. Then they could offer their input about the long-range effect on the lake when the construction plans again come to the
MPC.
6. A request to consider plans for a boat ramp for Windward Slopes was moved to the agenda although it appears that it might be out of order at this time. No representative of the developer was present. These plans seemed to describe a Phase 2A or common area A for phase 2 for the project, and such a phase has apparently not been approved by the
BOC. Diane Baldi also requested that further details be given so that they would all know just where this ramp was to be located.
Also involved is the disputed "altered" contract for phases 2, 2A, 3, and 4 which was not approved by the
BOC. Numerous changes were made to the contract after being approved by the
BOC. Most of the changes were initialed by Terry Edwards and Mo Khelif, but not all. Neither had the authority to change the contract on their own. Chair Bennett indicated to this reporter after the meeting that he would provide copies of both contracts at the regular MPC meeting to help the MPC decide for itself if it should proceed with any projects in Windward Slopes, since the BOC has not officially declared the contract to be invalid. City Manager Joe Kirby has halted all work in phases 3 and 4 due to the alleged illegal tree cutting.
At 8 p.m. the Chair departed for a previous committment and handed the gavel to Vice-chair Phil Davis. The MPC resumed discussion of revisions to the By-laws. Your reporter left at this time. Usually reliable sources inform him that the Mayor proposed to amend the By-laws so that the Chair would no longer be allowed to appoint citizens to serve on any MPC advisory panel. The Mayor also criticized Bennett's recent appointments as being politically driven.
The regular MPC meeting on Nov. 7 will begin at 7:15p.m., after polls close on election night.
Duathon in Lakeland-Arlington Sunday
Don Bennett
This just in from a QNetter. There will be a duathlon (run & bike race) on the roads east of the Factory Outlet Mall this Sunday, October 29th, beginning at 9:00 AM. Please be careful when driving the back roads between Lakeland and Arlington—Monroe, Chambers Chapel, Sumac, Old Airline, Collierville-Arlington. The race will start at the east end of the mall parking lot.
This race will benefit the International Heart Foundation. You may donate a new toy at the starting area to help this worthy cause.
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October 27, 2000
Recycle All Hazardous Products Saturday
Gerrit Verschuur
The Shelby County Environmental Commission will hold its semi-annual Hazardous Waste Drop-In, Drop-off Event from 8:30a.m to 2:30p.m. this Saturday, October 28 at the Shelby Show Place Arena at Germantown Rd. at Walnut Grove Rd. Withhold nothing: batteries, paint, solvents, old gas, lawn chemicals that have eaten their way out of the can—you name it, they will take it.
MPO "Road Show" in Town Monday
Don Bennett
Representatives from the Memphis-Shelby County Metro Planning Office will present a public forum on plans for the major roads in and around Lakeland. The presentation will be at City Hall, 5:30p.m. on Monday, October 30. The time is awkward, but the effort may be worth it to find out what the timetables are for various IMPORTANT projects in Lakeland:
• Canada Road widening and rerouting to New Canada Road.
• Upgrade and widening of I-40 overpass on Canada Road.
• Chambers Chapel Road widening.
• Houston Levee Road widening.
• Brunswick Road widening.
This will be a fine opportunity to pass on your comments about road issues.
Dog Found
Lori McMillon
A sweet female part pit bull, part yellow lab, found her way to my Canada Trace doorstep yesterday morning. She appears to have slipped her collar because there is evidence of her having one on her neck. There is a "no question about it" identifying mark on her. If she is yours PLEASE call and identify her—377-0293.
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October 25, 2000
Planning Commission Work Session Agenda
Thursday, Oct. 26, 6:30p.m.
Don Bennett
1. Restricting issuance of Land Disturbance Permits
(None to developers.)
2. Requiring re-application for Land Disturbing Permits previously issued when a development contract lapses.
3. Sewer concept plan for Windward Hills s/d (outfall line).
(No plan is in the packet.)
4. Cedar Ridge PRD.
(Developer will orally present responses to changes requested by BOC members for MPC "review and comment.")
5. Extension of Construction Plans for The Pointe s/d.
(Sewer and drainage construction plans are provided.)
6. Boat Ramp for Windward Slopes s/d.
(A "preliminary design" for a Windward Slopes "Boat Ramp" is in the packet. A rough sketch is provided, possibly showing that a 40 ft. wide trench will be dug from the existing boat ramp to the street, lined with common area facilities and boat slips. The developer has previously indicated that this is Phase 2A of Windward Slopes. However, page 2 of the sketch shows no trench and no marina, only the existing ramp with new amenities.)
7. Change regular meeting time for November.
(Staff will ask if MPC wishes to change the Nov. 7 meeting to another date due to the election.)
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October 23,
2000
Correction
Civic Club Pot Luck is This Evening
Dave Brown and Larry Winstead to Speak
Everyone in the city is invited to the quarterly Lakeland Civic Club potluck on Oct. 24, 6:30 pm at St. Paul United Methodist Church on Davies Plantation Rd. at US64. Bring a dish to pass and get acquainted with a great group of neighbors. You do not have to be a member (but it only costs $5 for the year!) Come share a meal and good conversation AND hear Dave Brown, our very own TV-5 weatherman talk about everyone's favorite topic. Also, Larry Winstead from The Stockyard will tell you how to keep your stressed trees and bushes alive this fall and winter.
(Ed. Note: My apology. It was a bad day. My computer had crashed and I was using my wife's. I was anxious! Thanks to several who noticed and told me. Glad QNet is read. Thanks. See you tonight? My "guru" got me going again—the operating system had gotten corrupted. Hmmm.)
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October
21, 2000
Civic Club Pot Luck Tuesday
Dave Brown and Larry Winstead to Speak
Everyone in the city is invited to the quarterly Lakeland Civic Club potluck on Oct. 22, 6:30 pm at St. Paul United Methodist Church on Davies Plantation Rd. at US64. Bring a dish to pass and get acquainted with a great group of neighbors. You do not have to be a member (but it only costs $5 for the year!) Come share a meal and good conversation AND hear Dave Brown, our very own TV-5 weatherman talk about everyone's favorite topic. Also, Larry Winstead from The Stockyard will tell you how to keep your stressed trees and bushes alive this fall and winter.
Board of Commissioners Work Session Report
Don Bennett
Tonight's work session was generally peaceful but resulted in not much getting "worked out." In most cities a board work session is where the nitty-gritty gets exposed on issues and dealt with in an informal manner. The regular meeting can them be more formal and efficient. Not in Lakeland. Somehow the model on the BOC is to state positions, but not resolve differences in the work session.The game plan seems to be to spend the talk time to reinforce positions or take shots at others' positions, not find middle ground for differences.
Examples:
• BellSouth needs another junction cabinet so more lines can be run in the city. (There is one at US70 and Canada.) Big deal made over protecting it from sight since it in the corner of I. H. Park (near the church). Who determined the $4,000 fee? Can't we get an annual fee too? Is the I. H. Club going to get any of the money? Is this needed? (If you want more phone lines, yes.) Stricken from the agenda—DRC needs to recommend screening first.
• WMC Homework Hotline would like Lakeland to be a sponsor. "Do County School kids benefit? We don't want to give money for Memphis kids only". Several commissioners gave evidence of county involvement. Nope, got to hear it from the Superintendent. "We need to give our money to our school, not Memphis schools." On the agenda for a vote.—with more information requested from county.
• Development contract for Windward Hills. The contract expired last year. Now what? Comm. Temple is proposing a step-by-step ordinance that will outline for all developers (and the city) the steps to follow in contract submission, extension, reactivating, change of partners, which everyone seemed to applaud, but what about "now?" The City Manager worked with the developer to prepare a new draft so the s/d could get finished. But wait! Should the City Attorney create the document? Should the MPC review the previously approved plans before or after a new contract? Should the sewer board approve a new off-site sewer connection into another developer's line prior to a new contract or afterwards? Does a contract expiration invalidate construction plans that were approved?
I may have missed a few, but this is enough to demonstrate that . . . . . . No, it wasn't quite as bad as that famous Mo and Larry baseball routine, but almost.
• Development contract for The Point. "You mean this is a private street subdivision with public sewer lines under them?" (It has been in the plans for 3 years.) Why are we being asked to approve a contract when the construction plat approval has expired?" (Oh, it did?) No one stopped the work though. "How are we to know that everything agreed to in the plans are in the contract?" No one on the board, nor the City Engineer claims to have ever seen any of the plans. The applicant was not present, nor were sets of plans. (?) Several minutes were spend talking about how developers should all be treated in the same manner.
LOL
• The MPC's request for funds for a professional planning company to oversee the revision of the city's Comprehensive Plan will be voted on at the regular session but . . . . "What if we don't agree with the new zones proposed by the
MPC? We would be wasting our money." "We have no idea how much this will cost." "We don't know exactly what is being requested—this is too vague." The surreal aspect is that the MPC chairman was sitting there ready to discuss the request and he had also provided a page of background in the BOC packet. Comm. Griffin had asked for his comments (to bail her out of the barrage), but . . . . . . . "Mr. Bennett is a member of the
MPC, not this board," said the mayor.
Surreal, right?
• Comm Hartz made a logical and empassioned presentation on the need for a city comprehensive storm water plan (erosion, quality, retention). City Engineer Klenk will assist Mr. Kirby prepare bids the help narrow the focus. A key problem: How can the city control storm water if it does not control the basins where the water will need to go?
Municipal Planning Commission Report
Special Meeting Undoes a Knot
Gerrit Verschuur
The MPC voted 4-0 at its Special Meeting on October 19 to rescind a resolution passed at their October 3 Regular Meeting which rejected construction plans for Phase 3 of Windward Slopes and instead accepted the developer’s request of October 4 to have those plans withdrawn. Confusion had been created after the developer had asked that his plans be postponed indefinitely rather than withdrawing them. Technically, postponement was not an option that the MPC could consider since the developer had not waived the start of the "30-day clock" for the MPC to either reject or approve plans.
After Chairman Bennett spoke to developer Terry Edwards on October 4 at the suggestion of the City Attorney, the misunderstanding was quickly corrected and a new request from Mr. Edwards to withdrawn the plans was submitted.
A special MPC meeting on October 5 failed to post a quorum when the Mayor and Comm. Griffen left the chamber during the roll call. At the October 19 Special Meeting the Mayor and Comm. Griffen were again absent, but a quorum was present.
Chairman Bennett announced the formation of a citizen committee to assist the MPC update and revise the city's Comprehensive Plan, sometimes known as the Land Use Plan. Members are Shawn Aldridge, Don Bennett (ex officio), Jason Brownlee, Gerry
Burditt, Edgar Cole, Richard Davis (MPC liaison), Mo Khelif (City Planner), Gearld Smith, Buddy Speer, and Emma Vernon. The Board of Commissioners will consider whether or not to hire a professional planning company to create the revised plan for the
city.
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October 19, 2000
Campaign, 2000
(Editorial Note: QNet begins a series of public service announcements for the political season. The first is a Republican notice. The second will be something for the Democrats. If you are active in the local/state/regional/national campaigns, send your news about opportunities to meet the candidates. DB)
Republican Rally at Wilson's Store in Arlington
12:00-noon on Saturday, October 21
The GOP "Get Out the Vote" bus tour will pull up at the famous store at noon after earlier stops in Millington, Bartlett, Germantown and Collierville.
The bus loaded with politicians will stop first at Millington Saturday morning and then proceed to the parking lot of the Kroger Store at 5995 Stage Road in Bartlett. There the group will leave the bus and shake hands and ask people to vote for their candidates.
Keith McDonald, incumbent candidate for Bartlett Alderman, Position 4, will
meet the bus at Kroger and ride the bus to the Singleton Pancake Breakfast
and arrive there at 10:30 a.m. Also on the bus will be candidates Rod
Deberry, Paul Stanley, Mark Norris, Brent Taylor, and possibly Senator Bill
Frist. Congressman Ed Bryant will meet the bus and ride to Singleton with
the group along with Alan Crone, president of the Shelby County Republican
Party and Joyce Avery, Vice Chair of the Shelby County Republicans. The bus
will proceed to the next stop in Arlington for the noon rally.
Others on the tour include Larry Scroggs, State Representative from Germantown, Shelby County Commissioner Marilyn Loeffel and newly-elected General Sessions Court Clerk Chris Turner.
Following the Arlington stop, the bus will proceed to Germantown and Collierville. Everyone is invited to come out take advantage of this opportunity to meet the candidates and participate in the rally in Arlington at Noon Saturday at S.Y. Wilson's store.
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October 17, 2000
Planning Commission Special Meeting
Thursday, Oct. 19, 6:30p.m., City Hall
AGENDA
Discuss and possibly take action to rescind the Oct. 3 rejection of the Windward Slopes phase 3 construction plans and accept the Oct. 4 request from Windward Slopes, LLC, Terry Edwards, President, to withdraw indefinitely the Windward Slopes phase 3 construction documents from MPC agendas for action.
Free Oak Firewood
Limb and trunk cut sections of red oak (some small, some needing splitting) are at curbside waiting for your pickup. No need to contact homeowners, just help yourselves: 9610 Oak Point Cove (off Canada Rd. in Lakeland Estates near the East Shores entrance) and 4125 Yellow Cedar Cove (off Cedar Point Rd. in Lakeland Estates).
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October 7, 2000
Report: BOC Regular Meeting of Thursday, Oct. 5
Judy Bennett
Under Old Business, items 1, 3 and 8 were removed from the posted agenda-- donation of 11 acres of park land; ordinance to rezone Creekside Manor subdivision; development of a drainage system for Lakeland. Action on item 2, the development of penalties for the City of Lakeland, was postponed to the Oct. work session.
Prior to the meeting three residents of the Fairway Meadows spoke regarding the donation of park land adjacent to Plantation Hills by developer Clair
Vanderschaaf. These residents were allowed to speak even though this agenda item had been removed from the agenda. As the above-mentioned proposed donation was not near their property, the residents preferred substituting property that would provide their subdivision with direct access to the planned Zadie Kuhl Memorial Park in the Canada Woods Subdivision.
Another resident spoke against the passage of the ordinance that would establish the date of the Lakeland election in May.
Old business:
• Approved 5-0 ordinance establishing the length of term for the MPC members as 3 years.
• Approved 5-0 Metricom proposal for a franchise agreement with Lakeland.
• "Approved" (?) establishing the date of the Lakeland election as May 10, 2001. The vote was 3 for, 2 against, but the Mayor ruled that the motion failed due to lack of a 2/3's majority. The required majority (simple majority being 3, a 2/3's majority being 4) was itself a matter of disagreement. Despite protests from Carmichael and Temple, the mayor pronounced "failed" and pounded his gavel through to the next agenda item. However, at the end of the meeting, Commissioner Temple moved to reconsider this item, which motion passed 3-2. After the reconsideration was accepted, Comm. Temple moved that the BOC overturn the mayor's announced vote and affirm that the vote changing the date of the election to May passed by 3 for and 2 against. This motion passed 3-2. Is this issue resolved? Stay tuned.
• Board voted 5-0 to authorize Mayor to sign a subdivision contract with NFC Ventures (Oakwood Subdivision). Mayor agreed to sign following the meeting.
New Business:
• Approved 5-0 a resolution announcing filling of vacancies for various Boards & Commissions. As the resolution was not read, only the BOC members and staff know what was approved. There was no discussion or disagreement.
• Passed 5-0 ordinance changing make-up of board of Zoning Appeals, changing to 1 representative of BOC and 4 citizen members. Chairperson of Board which had made decision being appealed would be required to appear before BOZA to state reasons for Board's decision.
• Passed 5-0 action providing a subdivision tracking procedure and document which would be maintained by city staff and which would track progress of each subdivision's approval process through the various city boards.
• Passed 3-2 action to provide up to $ 2500 annually for members of the MPC to receive specialized training providing that the monies not be used to acquire opinions from outside sources on actual issues under board consideration. I have abbreviated and paraphrased this item. Fully stated, the resolution, which had been totally drafted by the MPC and was in each commissioner's packet, provided for quarterly study days under the direction of qualified professionals, providing for training in reading grading plans, studying planning manuals, and learning other skills essential for MPC members in carrying out their duties. (The part about restricting the MPC from using such funds to gain outside opinions regarding actual cases under their review was an amendment provided by Comm. Temple and approved 3-2 by the board, with
Comms. Griffin and Bomprezzi, both MPC members, dissenting.) Although the initial motion came directly from the MPC with the approval of both Griffin and
Bomprezzi, the addition of the amendment was sufficient to cause them both to vote against the appropriation of these funds. The amendment was precipitated by Comm. Griffin attempting to "enhance" the MPC's request, as reported in Gerrit Verschuur's report of the MPC meetings.
• Approved, 5-0 a resolution to authorize the mayor to sign early-warning siren easement agreement in
Stonebridge.
• Comm. Carmichael moved to direct the mayor to place on the Chickasaw Basin Authority's next meeting agenda the problem of erosion along Oliver Creek and seek definitive ways to solve the problem. Passed 4-1.
(Ed. Note: The following two items were incorrectly edited in
the above report. The following is the correct report text.)
• Failed or approved (?) Action on establishing the date of the Lakeland election as May 10, 2001. The vote was 3 for, 2 against, but the Mayor ruled that the motion failed due to lack of a 2/3's majority. The required majority (simple majority being 3, a 2/3's majority being 4) was itself a matter of disagreement. Despite protests from Carmichael and Temple, the mayor pronounced "failed" and pounded his gavel through to the next agenda item. However, at the end of the meeting, Commissioner Temple moved to reconsider this item, which motion passed 3-2. After the reconsideration was accepted, Comm. Temple moved that the BOC overturn the mayor's announced vote and affirm that the vote changing the date of the election to May passed by 3 for and 2 against. This motion passed 3-2. Is this issue resolved? Stay tuned.
• Passed 3-2 (Bomprezzi and Griffin against) action to provide up to $2500 annually for members of the MPC to receive specialized training providing that the monies not be used to acquire opinions from outside sources on actual issues under board consideration. I have abbreviated and paraphrased this item. Fully stated, the resolution, which had been totally drafted by the MPC and was in each commissioner's packet, provided for quarterly study days under the direction of qualified professionals, providing for training in reading grading plans, studying planning manuals, and learning other skills essential for MPC members in carrying out their duties. The part about restricting the MPC from using such funds to gain outside opinions regarding actual cases under their review was an amendment provided by Comm. Temple and approved 3-2 by the board, with
Comms. Griffin and Bomprezzi, both MPC members, dissenting.) Although the initial motion came directly from the MPC with the approval of both Griffin and
Bomprezzi, the addition of the amendment was sufficient to cause them both to vote against the appropriation of these funds.
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October 6, 2000
Report of three Planning Commission Meetings
Commissioners Lost on Windward Slopes
Gerrit Verschuur
Part 1.
During the last week the MPC held three meetings: a normally scheduled work session Sept 28, the regular meeting on Oct 3, and an attempted special meeting
on Oct 5, which led to a bizarre outcome.
Overall the business of the Commission during the week had been plain sailing but a reef was struck in trying to figure out how to deal with a request from the developers of Windward Slopes who asked that consideration of Phase III of their project be
postponed indefinitely. While on the surface this might seem like a simple request, turbulence was created when during the regular meeting Chairman Bennett noted that according to TCA regulations once construction plans were submitted to the City the MPC could either reject or accept them. Alternatively, with a waiver of the 30-day maximum decision time, they could extend the time required to make a decision (such as postpone or ask for corrections). If one of these three options is not chosen within 30 days the plans receives automatic approval.
In order to protect both the expectations of the developer and the integrity of the Board’s actions on his request, the MPC went through a tortured hour-long discussion at their regular meeting about how to proceed, given that neither the developer nor his representative was present. Also, a letter requesting the postponement that had been submitted to the work session was from the engineer of the project. Following that meeting, a request that the City ask the developer to state categorically that the plans were being withdrawn, or that a waiver was granted on the starting of the 30-day approval cycle, had lead only to re-transmittal by fax of the aforementioned letter with the names of the developers typed in. No signatures were affixed and apparently there was no clear evidence of where the fax had come from.
To cut a long story short, the MPC turned a short story long and the motion that was finally cobbled together was extremely lengthy. Fortunately, only a minority of the MPC contributed to the wording of the motion offered to deal with the confusion, which produced a vote of 2-yes (Thomas, Bennett), 1-no
(Baldi), 3- present. The motion was in essence to reject the plans. Two of those who voted present (Mayor
Bomprezzi, Phil Davis) had made significant contributions to reaching a decision and then, for reasons best known to themselves, did not vote. (Comm. Griffin also did not indicate by her vote what she thought about the matter). It should not go without mention that part of the problem was that it appears that the existence of a sub-division contract between the developer and the City is in limbo in the first place because of legal complications.
A key issue in reaching this peculiar impasse was that at the work session it had been agreed to ask the City Attorney for an opinion on how to interpret and react to the letter requesting a postponement. That opinion has been solicited but had not been received. That left the MPC in near limbo with a deadline on making a decision looming because of the importance of the 30-day time limit mentioned above.
Follow me so far? Anyway, following the regular meeting, the Chair obtained a recommendation from the City Attorney to ask the developer directly what had been intended in his communication through his engineer. When Mr. Edwards confirmed that he intended for his plans be withdrawn at this
time and sent a new letter to the city so requesting, a Special Meeting of the MPC was called by the Chair for October 5 at 5:30p.m., just ahead of the BOSC meeting, to deal unambiguously with his request. For the exciting conclusion, see
Part 2.
In other matters of note during the past week:
• The MPC voted unanimously to amend and revise the Comprehensive Plan in light of recent annexations as well as the addition of annexation reserve areas and the MPC inclusion in the draft Zoning Ordinance of new zones for the City. These include neighborhood office and rural residential subdivisions of 1.1 units per acre. The MPC will request funds from the City to allow this work to proceed in a professional manner and if that should be denied the MPC will undertake the task themselves. Chair Bennett indicated that he will appoint a special committee of citizens and professionals to assist the
MPC.
• The Mayor announced that he had appointed two citizens to serve on advisory committees to the Metropolitan Planning Organization
(MPO); Chair Bennett on the Citizenís Advisory Committee, and Warren Horton on the Security Advisory Committee.
• At the work session the Chair gave an impassioned presentation urging that the members of the MPC make every effort to improve their ability to read plans. A good exercise would be to study the cleared area of Windward Slopes, Phase III and compare the terrain with contours on the map they received from the Chair. In particular it was noted that the construction plans included no permanent or temporary storm water retention basin at the bottom of steep terrain so as to prevent sediment from plunging into the lake.
• It was decided to request City funds for training of MPC members in the vagaries of their task by bringing in outside assistance. It was further decided that Comm. Griffin, as liaison between the MPC and BOC bring this to the BOC for action.
Part 2.
October 5 Special Meeting
At the appointed hour, 5:30 at City Hall, only Don Bennett and Diane Baldi were present. Work related absense communications had been received from the other three citizen members (Davis, Davis and Thomas) but the Mayor and Comm. Griffin were not to be seen. The meeting was duly called to order and upon declaring that a quorum was not present the Chair adjourned the meeting for 20 minutes. The hope was that when the two elected members of the MPC showed up for the Board of Sewerage Commissioners meeting at six o’clock there would then be a quorum so that the Windward Slopes issue could be dealt with. However, these slopes were more slippery than expected. When the Mayor and Comm. Griffin entered and moved to settle down, the Chair brought the meeting back to order and the roll call resumed. The Mayor promptly left the room so as not to be counted as present. Half-a-minute later Comm. Griffin rushed out as well. Everyone was left wondering at this odd behavior. The Chair thus brought the meeting to an end for lack of a quorum. Another special meeting will soon be set when a quorum can be assured, said Chairman Bennett
An MPC matter brought to the BOC
Above it was mentioned that Comm. Griffin had been instructed to bring an item to the BOC regarding MPC training. This she did, but to the MPC resolution she had been instructed to forward she added her own suggestions. This unusual action included wanting “equipment” to be paid for such as printed material and a copy of Roberts Rules of Order. Commissioners Temple and Carmichael pointed out that her duty was to pass along what the MPC had instructed her to do and not to include her own creative suggestions. Finally, under the patient guidance of the Mayor, she presented an alternative motion that reflected the wishes of the MPC as spelled out in the record of their meeting. This passed 3-2, with the Mayor and Comm. Griffin voting against the motion after an amendment had been made to make sure that the funds would not be used to assist the MPC in using the trainer to help make decisions on issues before the
MPC.
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October 4, 2000
MPC Special Meeting Thursday, Oct. 5, 5:30 p.m.
Agenda
1. Discuss and possibly take action to reconsider vote of disapproval of Windward Slopes Construction Plans Phase III.
2. Discuss and possibly take action to consider request from developer concerning Windward Slopes Construction Plans Phase III.
NOTE: Gerrit Verschuur's QNet report of yesterday's MPC meeting is not yet written. It will be posted as soon as possible.
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October 3, 2000
Board of Sewerage Commissioners Regular Meeting
Thursday, October 5, 2000, 6:00 p.m.
Agenda
1. Discuss and/or take action on the update of all subdivision developments
(commercial and residential) that have not had their sewer plans approved by
the Board of Sewerage Commissioners (Temple)
2. Discuss and/or take action on the clarification of the Lakeland Village
Square Commercial Subdivision (Temple)
3. Discuss and/or take action on any other sewer business the Board may deem
necessary
Board of Commissioners Regular Meeting
Thursday, October 5, 2000, 6:30 p.m.
Agenda
OLD BUSINESS:
1. Action on the donation of eleven (11) acres of parkland (Staff)
2. Action on the development of penalties for the City of Lakeland (Carmichael)
3. Action on final reading of an Ordinance to rezone Creekside Manor Subdivision (Board)
4. Action on final reading of an Ordinance establishing length of term for the MPC (Carmichael)
5. Action on Metricon proposal for Franchise Agreement (Carmichael)
6. Action on final reading of an Ordinance establishing the date of election (Temple)
7. Action on the status of the Oakwood Subdivision Contract and withdrawing of the same
(Hartz)
8. Action on the development of a drainage system for the City of Lakeland (Temple)
NEW BUSINESS:
1. Action on Resolution rescheduling the 12/25/00 Work Session (Staff)
2. Action on Resolution announcing filling of vacancies for various Boards and Commissions (Carmichael)
3. Action on an ordinance amending the current Zoning Ordinance, Art. VII, Subsection 1A and Subsection 1B (Carmichael)
4. Action on the Clarification of Subdivision Contracts (Temple)
5. Action on appropriate funds for Municipal Planning Commission training, education, etc. (Griffin)
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September 29, 2000
COMMUNITY ALERT!
Man Trying to Pick Up Children
Lori McMillon
There is a serious danger in our community. Yesterday morning while at the bus stop my youngest daughter was approached by a man that police consider a threat. He is white, approx. 24-28, dark hair bushed back with curls on the end around the neck, wears glasses and is
driving a 4-door Mercedes that is charcoal gray. He's been trying to get children to get in the car with him. He was reported once during the summer for the same activities and had "disappeared" until this week. Wednesday he was spotted driving through the subdivision. Wednesday afternoon he approached some middle school girls. Thursday morning he approached my daughter. The police are trying to keep him under surveillance and are patrolling the area when the buses run. Parents need to be aware that this man is persistent, that he approaches both males and females, from high school age to the little ones. If anyone spots a vehicle or person matching this description, contact the sheriff's department immediately—495-1111. Our report was filed with Officer Smith.
Neighborhood Watch captains, please spread the word on your blocks.
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September 27, 2000
Planning Commission Work Session Agenda
for September 28, 6:30p.m.
• Amend MPC by-laws.
• Amend the Comprehensive Plan (Land Use Plan).
• Subdivision Regulation Draft.
• Reconsideration of Preliminary Plan, and Construction Plan for Windward Slopes s/d in conjunction with a renegotiation of a s/d contract.
• Windward Slopes s/d construction drawings, phase 3.
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September 25, 2000
Board of Commissioners Work Session Report
BOC Gets Tough with Developers
Don Bennett
Windward Slopes (Terry Edwards)
Commissioners Hartz, Temple, Carmichael assert that no subdivision contract exists due to changes made (by Edwards, Mo Khelif, City Planner, and perhaps parties unknown) in the document without their approval. A stop work order continues since City Manager Kirby maintains that trees were removed in violation of the "contract." No remedy has been proposed by Edwards. The majority of the BOC agree to do nothing until Edwards comes to them with a remedy. Legal representation for Edwards was in attendance but made no attempt to speak. Meanwhile the non-contract expires on its own in two days.
Village at Waters Edge (Belz Enterprises)
Changes approved by the Planning Commission in the Construction Plans were brought to the BOC for their OK, but no one from the developer's team appeared with the plans. Mr. Kirby and Mr. Khelif attempted to present the changes but Hartz, Temple, and Carmichael would not allow this. No developer, no action. Gerrit Verschuur warned the BOC to carefully consider Belz' assertion that he was developing lakeside lots when in fact some of the lots front on a dried lake bed much of the year.
The Pointe (Mark Gregory) and Bentbrook Hills (Wm McSwain)
These developers have never signed contracts with the city but work has been in progress on the basis of approved construction plans. Questions were raised about the expiration date of these plans but data was not available. Commissioners will vote to enforce any expirations with stop work orders.
Lakeland Hills Commercial (Clair VanderSchaaf) and Stonebridge Commercial (Makowsky and Ringel)
Comm. Hartz asserted that the City should file suit against the Shelby County Register's Office for recording lots (Auto Zone, Valvoline, Waffle House) illegally from these unrecorded commercial subdivisions. It is a misdemeanor to sell lots and to record lots from an unrecorded subdivision. Comm. Hartz vigorously disagrees with the manner in which the MPC and city staff have approved these developments.
Other business:
Clair VanderSchaaf offered to give the city an 11 acre tract on Canada Rd. with an appraised value of $480,000 in exchange for 5.18 acres he allegedly owes the city from the mid-90s development of Fairway Meadows, land that would have been worth about $52,000. When asked about the valuation difference VanderSchaaf indicated that he wanted the city to have more parks and he would take a tax write off. The BOC will vote on this gift offer on October 5.
The new Zoning Ordinance drafted for the Planning Commission by Charlie Goforth (Allen and Hoshall) was not carried forward to the regular meeting for a vote. The BOC will schedule a special meeting to consider only the ordinance.
Rezoning of Creekside Manor s/d was put on the agenda. City Attorney, David Lakin, told the BOC that there was still some legal details to be worked out with an attorney regarding the rezoning.
A new comprehensive "penalties" ordinance will be voted on to increase penalties for ordinance violations to $500.
The developers of Oakwood s/d have signed their s/d contract and posted their performance bond but have not yet paid all the fees required with the contract.
The BOC will decide if Planning Commission members should have three-year terms. The board will also vote on changing the Zoning Appeals Board membership so that the chairs of the MPC and DRC do not automatically serve.
A vote will be taken on changing the date of the BOC election to May. Also, the BOC will vote on asking the City Manager to allocate up to $2500 for MPC training.
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September 18, 2000, 1:30p.m.
Peoples Bank Robbed
Customer Killed
Don Bennett
Reliable news sources report that two men robbed Peoples Bank this morning at 11:45a.m., shot and killed an unidentified 70 year-old female customer whose daughter was waiting in the car. They escaped in a stolen vehicle which has been found in the Texaco car wash at Brunswick Rd. @US64, near BurgerKing. Another vehicle was abandoned in the brush behind the bank. The suspects are black males who were wearing ski masks.
All commercial sites near the Bank are still in "lock-down," including the stores in the Belz Mall and the service stations at Canada and I-40.
Watch local TV for further updates.
September 18, 2000
BULLETIN
Don Bennett
The People's Bank of Lakeland has just been robbed. There are reports of gunshots. A police helicopter is in the area at the moment searching for the suspect. Please do not attempt to visit the bank for business. Use the Wolfchase branch.
Keep your doors and windows locked since the suspect may attempt to hide in the area.
We will report developments as they are known.
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September 16, 2000
Tree Ordinance Helps Lower Electric Bills
Becky Gorham
TN Dept. of Environment and Conservation
(The following is reprinted from the Tennessee Urban Forestry Council's September, 2000 Newsletter . If you wish to be placed on their mailing list, contact
www.tufc.com. The Council is a branch of the TN Dept. of Agriculture. Ed.)
Municipal ordinances are a good way to preserve urban tree canopies and lower city residents' summer electricity bills, a University of Florida
(UF) study suggests. The study by UF geography researches used a new method to compare the tree canopy in Gainesville, which has a strict tree ordinance, with nearby Ocala, whose law is less strict. The study compared the tree canopies in both cities through satellite and land based observations combined with computer analysis. Where past studies tended to measure just the top surface of the canopy, the UF method measured the top leaf coverage as well as leaves beneath. It concluded Gainesville's canopy is more than twice as thick as Ocala's, and that the canopy's added shade is the likely reason that Gainesville residents spend an average of $126 less than their Ocala counterparts for power bills each year. "This study justifies in economic terms the existence of a tree ordinance," said Michael
Binford, a UF associate professor of geography. Ryan Jensen, who did the study for his doctoral research, said a prominent reason for the difference is that Gainesville has far stricter rules than Ocala regarding tree removal.
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September 14, 2000
Town Hall Meeting Tonight
Don Bennett
Just a last-minute reminder. The quarterly Town Hall Open Meeting is tonight at 6:30p.m. at City Hall. The floor is open to all to speak on any topic. The Board of Commissioners, City Manager, and key staff will be on hand.
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September 11, 2000
Board of Commissioners Meeting
Highlights Report
Gerrit Verschuur
In an evening of extreme cordiality on most issues, the
BOC, on Thursday last, raced through a crowded agenda in 90 minutes, dealing with no less than 20 items, even if further action on five of them was deferred to the next work session.
The first of three issues that were controversial concerned having the City reimburse the Lions Club for some of the costs of the annual fireworks display. Since this event is open to all in the City the makers of the motion argued that the City should indicate its support in a practical manner, as had been unanimously recommended by the Parks and Recreation Board. Motions to contribute $2,500 for this year’s event and up to $5,000 for each of the next two years, bringing in 2002 the year of our City’s 25th anniversary, received three affirmative votes with two
(Bomprezzi and Griffin) declining to vote either way.
The second issue that could have divided the BOC, but which was actually resolved quite amicably and
unamimously, was to grant Old Time Pottery a variance to erect an 85-ft sign at the interstate and a 199.9 square foot sign on the wall of the mall building. A few restrictions were added: the high-rise sign applies only to Old Time Pottery, it should have only one pole and if it should close, both signs would be removed. These conditions will be included in the special permit and if not exercised by January 31, 2001 the variance would become null and void.
The third contentious proposal concerned moving the date for the next election to May, 2001. In recent years Lakeland residents have voted for mayor and commissioners in September. However, as Commissioner Temple noted, all of those who have had to campaign door-to-door in August have given more than passing consideration to changing this date so that candidates can visit neighborhoods when the climate is more equable and not as many folks are on vacation. The motion passed 3 – 2 and was opposed by the Mayor and Commissioner Griffin, who questioned the legality of such a move. When Vice-Mayor Carmichael quoted TCA 6-20-101 to point out that it was up to the BOC to decide when an election was held, the Mayor, famous for quoting from the same document, pointed out that Carmichael was no attorney.
On other matters of substance the final reading of a new cell tower ordinance as well as a resolution to set term of three years for MPC members passed unanimously. In another action, yours truly was appointed to fill the vacancy on the Board of Zoning Appeals.
Items postponed included action on the Windward Slopes tree clearing issue, development of a drainage system for Lakeland, and setting penalties for transgressions of Lakeland Ordinances and regulations in light of the finding by the City Attorney that fines of $500, well above the old limit of $50, are allowed.
Finally, a brief note about an issue that was contentious but which was not dealt with openly owing to legal action on the part of outside parties. This concerned rezoning of the Creekside Manor subdivision, also known as the Barry Duke property, just north of Rt. 70. After months of visits by the developer and his agents to the MPC and BOC all seemed poised to vote on the final reading for the rezoning when it was reported that a letter challenging the legality of rezoning property in Annexation Area IV had been received by the City Manager. The meeting was recessed while the surprised developer’s party huddled in the City Manager’s office to learn what had happened. Then they left and no vote was taken. For those who have not keep up with this, there is an argument about the zoning status of the area in view of a confusing set of circumstances where the area was first annexed by ordinance (with rezoning into Lakeland), then de-annexed (with the zoning rescinded too—maybe) and then annexed by referendum (without a specific zoning ordinance). At issue is what the zoning status of that property currently is, something that must be known in order to rezone it. All that, plus the fact that both annexations have been challenged in court by Rudolph Jones, Jr., whose attorney sent the recent letter to the city reminding them of the lawsuits.
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September 6, 2000
A Physicist Looks into a Lake
or
Limnology for the Laity
Dr. Gerrit L. Verschuur
Physics Department Seminar
Wednesday - September 13, 4 p.m.
Manning Hall - University of Memphis
While living next to a lake I became fascinated by what goes on inside that body of water. Repeated monitoring of basic water properties such as temperature, dissolved oxygen, transparency and level changes led to the discovery of several remarkable physical phenomena including internal waves. I will illustrate what can be learned about a lake using even that most basic of scientific instruments, a ruler. A step up from this requires a metal disk painted black and white and a length of rope. An oxygen meter and thermometer add to the fun. Understanding what one observes then reveals some fascinating physical and biological phenomena.
This talk will be at a general level and no expert knowledge of physics, biology or limnology (lake science) is assumed. Instead, I will demonstrate how even the casual observer can make simple observations that may reveal a great deal about what goes on deep beneath the water’s surface. The public is cordially invited.
September 6, 2000
Planning Commission Meeting Report
MPC Moves to Streamline its Work
Gerrit Verschuur
All members were present except Mr. Larry Thomas who had an excused absence.
Several motions were passed aimed at making the work of the MPC more efficient in future.
° According to the Subdivision Regulations, a Subdivision Review Committee consisting of the City Manager, Director of Planning, City Engineer and Director of Public Works is supposed to provide written reports on every project that comes before the
MPC. It was decided that this practice be more formally implemented than has been the practice in recent years and that in addition, written comment on such plans also be obtained from the Shelby County Fire Department.
° To stress this latter point, the Mayor moved that the City Manager contact the Shelby County Director of Fire in writing to request that the Fire Department participate in the review of all planning matters within 30 days.
° A motion that would encourage the City to formalize the steps by which developers move through the planning process in the context of various city Ordinances and regulations was withdrawn when the Director of Planning demonstrated that such an o |