CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
FEBRUARY 22, 2005 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, February 22, 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 Commissioner Barnes gave the Invocation. The Pledge of Allegiance followed.
Staff recommends approval to send a letter to North Ridge property owners regarding sewer availability.
Motion by Commissioner Schad: To add letter to North Ridge property owners regarding sewer.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Staff recommends approval to add Resolution 2005-02-372, Item #15A, addressing bonds to the agenda.
Motion by Commissioner Barnes: To approved adding Item #15A to the agenda.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #3. Mayor's Report:
A. Proclamation - Clean Up, Paint Up, Fix Up Month: City Manager Lynch read this proclamation in its entirety.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Wittkopf.
Mayor Kelley asked that this proclamation be placed on the City's web page with a note about contacting the City if you should have a special pick up.
Ms. Barbara Day commented on drainage problems.
Ms. Janet Walker stated that she was disappointed that the City is not having Amnesty Day.
Ms. Rebecca Carson stated that she was concerned with cars in backyards that are not titled and tagged. She wanted to know what is being done about this problem.
City Manager Lynch reported that this is being addressed by Code Enforcement.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Mayor Kelley reported that he will be attending a NWFLC meeting and a TPO meeting in Tallahassee Thursday and Friday.
Item #4. Commissioner's Report:
- Schad:
-
No report.
-
Hughes:
- No report.
-
Wittkopf:
- Commissioner Wittkopf reported that she will be attending the NWFLC meeting in Tallahassee on Thursday.
-
Barnes:
- Commissioner Barnes reported that Ms. Lel Czeck, Executive Director, West Florida Regional Planning Council, passed away February 18, 2005 after an extended illness. Commissioner Barnes asked that her family be remembered during this difficult time.
Item #5. City Manager's Report:
City Manager Lynch reported that the on February 17, 2005 the Lion's Club held their annual dinner and recognized the following City employee's for the hard work and dedication to the City: Mr. Mark Huffman - Public Works
Mr. Joe Bayba - Fire Department
Mr. Ronald Senkle - Police Department
City Manager Lynch stated that last week the National Commander of the American Legion, Thomas Cadmus, was in town and the Mayor presented him with a Key to the City.
Item #6. City Attorney's Report:
No report.
PUBLIC HEARING OPENED @ 7:12 p.m.
Item #7. Small Scale Plan Amendment - SSA-05-1 - Gerald & Betty Allgood - West of Mississippi Avenue and north of 12th Street:
Ms. Rebecca Carson commented on commercial zoning.
Ms. Wanda McDonald commented on the commercial zoning. She stated that Mr. Allgood has a pending sale on this property.
There was no further audience participation and the public hearing was closed at 7:14 p.m.
PUBLIC HEARING OPENED @ 7:14 p.m.
Item #8. Vacation and abandonment of right-of-way and requirement for 20 foot utility easement - Bobby J. and Jane Stark - 604 Colorado Avenue:
Ms. Anna Vera Yingling commented on the abandonment.
Mr. Sammy Day commented on the abandonment.
Mr. Bobby Stark stated that this abandonment will allow access to his property. He further stated that others had been granted an abandonment on Colorado Avenue.
Ms. Barbara Day commented on the abandonment.
There was no further audience participation and the public hearing was closed at 7:23 p.m.
CONSENT AGENDA:
Item #9. Minutes
2/8/05 - Regular Meeting
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
OLD BUSINESS:
Item #10. Discussion and possible action regarding Certificate of Concurrency and Development Order for North Haven Estates:
Mr. Jeremy Millirons has requested the approval of the Certificate of Concurrency/Development Order for North Haven Estates. North Haven Estates will be located on Hwy 389 east of Delaware Avenue. This project has been reviewed by the City's Technical Review Committee. The request for the Certificate of Concurrency/Development Order was approved by the Planning Commission on December 7, 2004.
City Manager Lynch stated that he met with Mr. Millirons last week and he gave up one lot for recreation and increased the remaining lots by two foot. This development meets the Comp Plan of the City.
City Attorney Jackson stated that this is a quasi-judicial proceeding and asked if any Commissioner has had ex parte discussions to please disclose at this time.
Mayor Kelley stated that he had received calls regarding this issue.
Commissioner Jimmy Hughes stated that he had received calls regarding this issue.
Commissioner Barnes stated that he had not checked his messages so he did not know if he had received any calls.
Commissioner Wittkopf stated that she had received a couple of calls regarding this issue.
Commissioner Schad stated that he had received a call today.
Motion by Commissioner Schad: To approve the CC/DO as presented.
Second to the motion: Commissioner Barnes.
After lengthy audience participation the following vote was made:
On Vote:
Schad: no
Wittkopf: no
Hughes: no
Barnes: no
Kelley: no Motion failed: 5-0
There was a five minute break at 8:40 p.m. and the meeting was reconvened at 8:45 p.m.
Item #11. Second and final reading of Ordinance 797, Right-of-Way abandonment and requirement for 20 foot utility easement, Bobby J. & Jane Stark, 604 Colorado Avenue:
City Manager Lynch read Ordinance 797 by title only. This was the second and final reading.
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 #12. Second and final reading of Ordinance 798, D&H Properties, LLC, North of SR 390, southwesterly of CR 2321 and east of Mill Bayou and North Bay:
City Manager Lynch read Ordinance 798 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
After audience participation the follow vote was made:
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #13. Second and final reading of Ordinance 799, SSA-05-1, Gerald & Betty Allgood:
City Manager Lynch read Ordinance 799 by title only. This was the second and final reading.
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
NEW BUSINESS:
Item #14. Appoint alternate to the Transportation Planning Organization board:
This is necessary to replace Harold Haynes who is no longer on the Commission.
Motion by Commissioner Schad: To appoint the Mayor Pro Tem to this position.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #15. Resolution 2005-02-371, Advance Refunding of the Callable Maturities of the City's Capital Improvement Revenue Refunding Bonds, Series 1997 and Series 2000 and Sales Tax Revenue Bonds, Series 1997:
City Attorney Jackson read Resolution 2005-02-371 by title only.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
Ms. Jolinda Herring, Bryant, Miller & Olive, P.A., was in the audience. The economy has changed and by refunding these bonds the City will save approximately $700,000.00.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
Item #15A. Resolution 2005-02-372:
City Attorney Jackson read Resolution 2005-02-372 by title only.
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 #16. Discussion and possible action regarding Certificate of Concurrency and Development Order for Shadow Ridge Court Subdivision:
This development will be located between Minnesota Avenue and Hwy 389, south of 26th Street. It is approximately 5.70 acres and will consist of a 13 lot subdivision.
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 #17. Discussion and possible action regarding final plat approval for Shadow Ridge Court Subdivision:
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. Public Commentary:
Mr. Keith Buckner thanked the Commission for not approving North Haven Estates.
Mr. Leon Miller asked about lights at Cain Griffin Park, 17th Street Ditch & the traffic signal at 17th Street & Hwy 77.
Mr. Dale Robitaille suggested that the City ask the County for money to dredge Porter Park.
Ms. Tamis Roulhac stated that there are a lot of problems on 17th Street.
Ms. Barbara Day commented on the 22 acre annexation and re-use.
Mr. Jeremy Millirons wanted to know on what grounds the Commission denied approval for North Haven Estates.
Ms. Anna Vera Yingling stated that she sent a letter to the City regarding 50' lots. She stated that she believes they are illegal.
There was no further business to discuss and the meeting was adjourned at 9:45 p.m.
APPROVED THIS 3rd DAY OF MARCH 2005.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
