CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
FEBRUARY 8, 2005 - 4:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, February 8, 2005 at 4:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Roger P. Schad, Mayor Pro Tem/Commissioner
Antonius G. Barnes, Commissioner
Jimmy H. Hughes, Commissioner
Frances Wittkopf, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Police Chief
Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance followed.
Item #3. Mayor's Report:
Mayor Kelley reported that he attended a Transportation Committee meeting in Orlando last week and it was a good meeting. This meeting addresses the transportation needs throughout the state.
Mayor Kelley stated that he has received many positive comments throughout the City and thanked the Commission and staff for the job that they do.
Item #4. Commissioner's Report:
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Schad:
- Commissioner Schad stated that he attended the Economic Development Alliance meeting, in the Mayor's absence, in January. During this meeting an overall update for economic development for Bay County was discussed. Bay County is in the running for a possible site for the European Consortium that builds the airbus. Growth rate within the County is affecting everyone and construction and labor demands are heavy.
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Jimmy Hughes:
- No report.
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Wittkopf:
- Commissioner Wittkopf stated that she received a phone call from a citizen on Kentucky Avenue regarding barking dogs. She stated that this has been addressed in the past and she would like it to be readdressed.
Motion by Commissioner Wittkopf: To authorize the City Manager to look into the problem of barking dogs on Kentucky Avenue.
Second to the motion: Commissioner Schad.
On Vote:
Wittkopf: aye
Hughes: aye
Schad: aye
Barnes: aye
Kelley: aye Motion passed: 5-0
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Commissioner Barnes:
- No report.
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Item #5. City Manager's Report:
A. Monthly Department Reports: provided.
B. Employee of the Month - Jan. 2005: Mr. Clay Teed, Public Utilities, was recognized as the Employee of the Month - Jan. 2005 for his hard work and dedication to the City.
City Manager Lynch reported that he will be out of the office February 10-11, 2005; Ms. Charlene Messer will be Acting City Manager during this time and Chief Messer will report to the Commission.
City Manager Lynch stated that the rehabilitation of Well #3 is going well and should be complete by February 11, 2005.
City Manager Lynch reported that he has asked the City Attorney to investigate a bed tax for the City.
City Manager Lynch stated that Founder's Day will be May 7, 2005 on Florida Avenue. It will begin with a parade and 93 vendors are expected.
City Manager Lynch stated that the City has been granted SHIP monies by the County. Mayor Kelley asked that a letter be sent to the County thanking them.
City Manager Lynch stated that McDonald's restaurant has submitted pictures/plans for changing the look of the restaurant. City Manager Lynch asked that the Commission allow McDonald's to submit different plans and bring back to the Commission.
Mr. David Costa, Owner, McDonald's, stated that the Lynn Haven McDonald's has not been renovated in 20 years and he is willing to work with the City to make it a nice place for families.
Item #6. City Attorney's Report:
No report.
CONSENT AGENDA:
Item #7. Minutes:
1/25/05 - Regular Meeting
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #8. Accept resignation of Iris Anderson and appoint June Shaw to Beautification Board:
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Motion by Commissioner Schad: To authorize the City Manager to prepare and bring back to the Commission a more formalized procedure on how the City appoints board members to the various boards.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #9. Resolution 2005-02-368, Urging Florida Legislature to support growth management issues:
City Manager Lynch read Resolution 2005-02-368 by title only.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
OLD BUSINESS:
Item #10. Second and final reading of Ordinance 777, Establishing minimum architectural and aesthetic standards for single family residences:
City Manager Lynch read Ordinance 777 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
Ms. Janet Walker wanted to know how this ordinance affected single family homes.
Mayor Kelley stated that it does not affect them.
Mr. Sammy Day commented on ordinance 777. Mr. Day stated that he does not like government telling him how to build his home.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #11. Second and final reading of Ordinance 796, providing for the placement of ballot language for 4 year terms of office for the Mayor and Commission:
City Manager Lynch read Ordinance 796 by title only.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
Mr. Sammy Day stated that this is the third time on the ballot and he doesn't agree that it should be put on there.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
NEW BUSINESS:
Item #12. First reading of Ordinance 797, Right-of-Way abandonment in exchange for a utility easement - Bobby & Jane Stark - Colorado Avenue:
City Manager Lynch read Ordinance 797 by title only. This was the first reading and no action was required.
Item #13. First reading of Ordinance 798, Annexation, D&H Properties:
City Manager Lynch read Ordinance 798 by title only. This was the first reading and no action was required.
Mayor Kelley asked that the record reflect that he met with the developers of D&H Properties.
Commissioner's Schad, Hughes, Barnes & Wittkopf also asked that the record reflect that they met, individually, with the developers of D&H Properties.
Item #14. Resolution 2005-02-369, Fee Schedule, Changes to Appendix A of City Code:
City Manager Lynch read Resolution 2005-02-369 by title only. Appendix A - Fee Schedule of the City Code establishes fees to be paid to the City and among those are fees that are to be charged to contractors and subcontractors for permits.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #15. Resolution 2005-02-370, Supporting a 2005 Urban & Community Forestry Grant application:
City Manager Lynch read Resolution 2005-02-370 by title only. Grant proposals are being accepted by the State of Florida, Department of Agriculture and Consumer Services for the 2005 Urban & Community Forestry Grant program. Staff proposes the purchase of 90 trees to be planted in parts of Mowat Highlands along with Coral, Windjammer and North Harbor Drives.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #16. Discussion and possible action regarding approval of the contract for impact fee studies:
Staff recommends Commission approval for a study to look into impact fees for future growth. Burton & Associates has done two five year Capital Improvement packages for revenue sufficiency. The impact fees will include: Water, Sewer, Transportation, Public Safety, Parks & Recreation & Stormwater. The total amount of this study will be $68,000.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #17. Discussion and possible action regarding award of bid for 2005 utility improvements:
Staff recommends approval of bid in the amount of $164,661.96 - I.C. Contractors for utility improvements 2005.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #18. First reading of Ordinance 799, SSA-05-1, Gerald Allgood:
City Manager Lynch read Ordinance 799 by title only. This was the first reading and no action was required.
Item #19. First reading of Ordinance 800, Establishing zoning on property owned by Gerald Allgood:
City Manager Lynch read Ordinance 800 by title only. This was the first reading and no action was required.
Item #20. Discussion and possible action regarding award of bid for road improvements:
Staff recommends approval to award asphalt paving contract for 2005 to C.W. Roberts Contracting in the amount of $759,344.25.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #21. Discussion and possible action regarding Certificate of Concurrency and Development Order for North Haven Estates:
Motion by Commissioner Wittkopf: To deny the Certificate of Concurrency for North Haven Estates.
Second to the motion: Commissioner Schad.
Commissioner Wittkopf stated that the density is high, 17 units, for this area. She asked that the attorney report on this.
City Attorney Jackson stated that the 5% open space is a mandatory requirement by the City for open space, however, the City can grant a variance for the 5%.
Commissioner Schad stated that Mr. Millirons has contacted him.
Commissioner Hughes stated that he received a telephone call from Mr. Millirons.
Mayor Kelley stated that he had a telephone message from Mr. Millirons, however, he had not returned his call as of today.
Commissioner Wittkopf stated that she has not talked with Mr. Millirons.
Commissioner Barnes stated that he had a message from Mr. Millirons.
Commissioner Hughes stated that he is concerned about the high density of this development. Mr. Hughes asked if there was room for negotiation on this parcel.
City Manager Lynch stated that Mr. Millirons has met the requirements of the City's Comprehensive Plan.
City Attorney Jackson stated that zoning is not the issue; the two issues are consistency with the Comprehensive Plan and concurrency requirements.
Commissioner Schad asked about compatibility.
Commissioner Schad dropped his second to the motion.
Commissioner Wittkopf amended her motion:
Motion by Commissioner Wittkopf: To deny the Certificate of Concurrency and Development Order and go to mediation with the City and the developer.
Second to the motion: Commissioner Schad.
Commissioner Hughes asked on what basis is the City denying this request.
Mayor Kelley stated that there are some different opinions that need clarification.
City Attorney Jackson stated that the only issue is compatibility. The Commission needs to define the basis for the denial.
Mr. Jeremy Millirons stated that he has met all the guidelines for this development.
Mayor Kelley stated that he has not met the requirement for recreation/open space.
Mr. Millirons stated that most subdivisions are using their holding ponds as common areas.
Mayor Kelley stated that has been done in the past, however, it will not be done again.
Mr. Millirons stated that he should be able to play by the same rules as everyone else. He doesn't understand how the City can change the rules in the middle of his development. He stated that he has met all the requirements of the City. Mr. Millirons stated that he is not going to mediation.
Mayor Kelley stated that holding ponds are not considered recreation and even though it has happened in the past it will not happen again in the future.
Mr. Emory Pitts stated that recreation is 5% of the value of the property.
City Manager Lynch asked Mr. Millirons if he would be receptive to meeting with staff and looking at how to make this work; changing lot size and designating recreation/open space.
Mr. Millirons stated that he did not understand the compatibility issue. He felt that his development was compatible with developments throughout the City.
Mr. Sammy Day stated that Mr. Millirons should be allowed to use holding ponds as common area if this has been done elsewhere in the City.
Ms. Wanda McDonald passed out paperwork to the Commission that addressed concerns with clearing the property, filing wet land and protected trees. Ms. McDonald stated that she has contacted Bay County and FDEP with these concerns. She stated that 17 homes on 3.5 acres is not compatible with the neighborhood.
Mr. Todd McDonald stated that he would like the lot size to be 1/3 of an acre.
Mr. Keith Buckner commented on compatibility and zoning issues.
Mr. Dexter Gortemoller stated that he believes his client has met compatibility and for clarification purposes there has been no fill placed on this property by Mr. Millirons. He also wanted to know the time frame for working this issue out.
City Manager Lynch stated that he is prepared to meet with Mr. Millirons tomorrow. He recommends that this issue be tabled until the next meeting.
Commissioner Jimmy Hughes asked that the motion be read again for clarification.
Motion by Commissioner Wittkopf: To deny the application due to compatibility and go to mediation with Mr. Millirons.
Commissioner Wittkopf stated that she has concerns with traffic.
On Vote:
Wittkopf: aye
Hughes: no
Schad: aye
Barnes: no
Kelley: aye Motion passed: 3-2
Item #22. Discussion and possible action regarding Certificate of Concurrency and Development Order for Jenks Avenue and 26th Street Townhouse Complex - J. Walters Ginn:
City Manager Lynch stated that this is a new concept for development in the City and it has been reviewed by staff. The City is waiting on a Developer's Agreement/Homeowners Agreement from the developer regarding maintenance of roads. Staff recommends tabling this item and bringing back to the Commission at the next meeting.
Motion by Commissioner Schad: To accept the recommendation of staff as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #23. Public Commentary:
Ms. Wanda McDonald commented on code and zoning requirements.
There was no further business to discuss and the meeting was adjourned at 5:20 p.m.
APPROVED THIS 22nd DAY OF FEBRUARY 2005.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
