CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
DECEMBER 27, 2005 - 7:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, December 27, 2005 at 7:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Jimmy H. Hughes, Mayor Pro Tem/Commissioner
Antonius G. Barnes, Commissioner
Roger P. Schad, 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.
Agenda Change:
Item #10. To be tabled.
Item #19. To be tabled.
Motion by Commissioner Schad: To excuse Commissioner Wittkopf from the meeting.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item#3. Mayor's Report:
A. Holiday Trail Winners:
1st Place - 902 Texas Avenue - Rhonda Mello
2nd Place - 1619 Maine Avenue - Melissa Turner
3rd Place - 356 Floyd Drive - Jack Wooten
Business Winner - 2320 S. Hwy 77 - AmSouth Bank
Mayor Kelley presented plaques to each of the winners.
Item #4. Commissioner's Report:
Schad: Commissioner Schad stated that he hoped that everyone had a happy & joyous Christmas and a safe New Year.
Hughes: No report.
Barnes: No report.
Item #5. City Manager's Report:
City Manager Lynch reported that a tornado had damaged approximately eight homes and business in Lynn Haven, however, there were no reported injuries.
City Manager Lynch stated that the staff would be removing the debris as quickly as possible.
City Manager Lynch reported that there will be a joint workshop between the Commission and the Planning Commission on January 10, 2006 - 9:00 a.m. - 12:30 p.m. This meeting will discuss the unified land code; copies were provided to the Commission for review.
Item #6. City Attorney's Report:
No report.
Item #7. Public Hearing Opened: 7:06 p.m.
Future Land Use Map amendment, 950 acres: The proposed amendment changes a 950 acre tract of land located north of SR 390, southwesterly of CR 2321 and east of Mill Bayou and North Bay, from a Bay County Future Land Used Map designation of Agricultural Timberland to a City of Lynn Haven designation of Traditional Neighborhood Development.
Ms. Janet Walker commented on how this property would be developed. She was concerned that the proposed plan may change.
Ms. Barbara Day commented on this development. She stated that it was 90% wetlands.
Mayor Kelley stated that approximately 400+ acres was considered wetlands.
Ms. Anna Vera Yingling stated that she didn't understand why the City wanted the 950 acres. She stated that the roads in Lynn Haven are terrible.
Mr. Paul Shipnick stated that he does not want a marina on Mill Bayou. He suggested that the marina be on the bay.
There was no further audience participation and the meeting was adjourned at 7:29 p.m.
Item #8. Public Hearing Opened: 7:29 p.m.
Future Land Use Map amendment, Bay Haven Charter School, 14.2 acres: The proposed amendment changes a 14.2 acre tract of land located east of East Avenue and south of 37th Street, from a Future Land Use Map designation of Low Density Housing to Public/Semi Public.
Ms. Barbara Day commented on the school designation.
There was no further business to discuss and the Public Hearing was closed at 7:31 p.m.
Item #9. Public Hearing Opened: 7:31 p.m.
Small Scale Plan Amendment, SSA-05-6, Britton Road: MR. Derek Tolson and Mr. Wayne Loper, as agents of Stephen & Crawford, LLC, the owner of this property, have requested a small scale comp plan amendment for a parcel of land located to the east of Britton Road and to the south of State Road 390. The property designation is Residential in the County and it will be brought into the City as Medium Density Housing. This parcel is approximately 3.77 acres.
Ms. Nancy Hallman spoke on behalf of herself, husband Tommy, children and Kenny & Sara Moffield, stated they were not contesting annexation into the City, however, they were contesting the zoning. She further stated that she was concerned with traffic.
Ms. Barbara Day commented on this issue and traffic concerns.
Mr. Robert Carroll, McNeil & Carroll Engineering, stated that the owners are going to make road improvements at the intersection of Britton Road & SR 390 with turn lanes and the paving of Britton Road.
There was no further audience participation and the Public Hearing was closed at 7:44 p.m.
Item #10. Public Hearing - Abandonment of Right-of-Way, Wisconsin Avenue & 6th Street:
Tabled.
Motion by Commissioner Schad: To table this issue.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
This item was tabled because notification requirements were not met.
Item #11. Public Hearing Opened: 7:45 p.m.
Large Scale Comprehensive Plan text amendments: The proposed amendment adds a TND Future Land Use Category to the Future Land Use Element, adds public transportation language to the Transportation Element, changes Coastal High Hazard Area language in the Coastal Management Element, and adds projects to the Capital Improvements Element.
Ms. Barbara Day commented on the text amendments.
Ms. Anna Vera Yingling suggested the City place a moratorium on annexations. She further suggested that wildflower seeds be planted on Hwy 77.
There was no further audience participation and the public hearing was closed at 7:55 p.m.
CONSENT AGENDA:
Item #12. Minutes:
12/12/05 - Board of Appeals Meeting
12/13/05 - Regular Meeting
Motion by Commissioner Schad: To approve the minutes as presented.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day stated that the minutes are very bad.
Ms. Janet Walker wanted to know what was required in the minutes.
City Attorney Jackson stated that the official minute record for the City is the audio tape and the typed copy needs only to reflect the actions of the Commission.
Ms. Anna Vera Yingling suggested a copy of the audio be provided to the library for review.
On Vote:
Schad: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
OLD BUSINESS:
Item #13. Second and final reading of Ordinance 824, Future Land Use Map Amendment, 950 acres:
City Manager Lynch read Ordinance 824 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
Ms. Barbara Day urged the Commission to make the right decision and not annex the 950 acres. She suggested that this would save the City $16 million.
Commissioner Hughes asked again if this development would be funded by user fees/impact fees and not tax dollars.
Staff stated that was correct.
Ms. Anna Vera Yingling wanted to know what happens to the money the City collects.
Mayor Kelley reported that it funds Police, Fire, garbage and other operations of the City. He suggested Ms. Yingling come in to City Hall and review the budget.
On Vote:
Barnes: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 4-0
Item #14. Second and final reading of Ordinance 825, Future Land Use Map amendment, Bay Haven Charter School, 14.2 acres:
City Manager Lynch read Ordinance 825 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
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #15. Second and final reading of Ordinance 831, amending Chapter 18 of the Code of Ordinances, Elections:
City Manager Lynch read Ordinance 831 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
On Vote:
Schad: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #16. Second and final reading of Ordinance 832, voluntary contraction of land along Goodlake Drive and East 26th Street:
The owners of nine parcels of property located on both Goodlake Drive and E. 26th Street have requested voluntary de-annexation from the City limits of Lynn Haven. City Manager Lynch read Ordinance 832 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Barnes.
Ms. Barbara Day commented on the de-annexation. She suggested the City reimburse these owners the tax money paid while they were in the City.
Mayor Kelley stated that these owners requested to be annexed into the City.
Mr. Sammy Day suggested the owners be reimbursed.
City Attorney Jackson stated that this is a voluntary request from the owners to be de-annexed.
On Vote:
Schad: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #17. Second and final reading of Ordinance 833, voluntary annexation, land east of Britton Road and south of SR 390:
City Manager Lynch read Ordinance 833 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
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #18. Second and final reading of Ordinance 834, Small Scale Plan Amendment SSA-05-6, Britton Road:
City Manager Lynch read Ordinance 834 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve as presented.
Second to the motion: Commissioner Schad.
Ms. Barbara Day wanted to know why it was not listed on the agenda in the News Herald on Monday.
Ms. Debbie Marley provided the Commission with her advertising requirement proof of publication for Ordinance 834.
City Attorney Jackson stated that advertising the agenda is a courtesy provided by the City and not a requirement.
Ms. Nancy Hallman asked that the traffic study for this development be considered.
Ms. Rachel Hallman commented on this proposed development. She was concerned with traffic conditions.
On Vote:
Barnes: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 4-0
Item #19. Second and final reading of Ordinance 835, Abandonment of right-of-way, Wisconsin Avenue and 6th Street:
Tabled.
Motion by Commissioner Schad: To table this issue.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #20. Second and final reading of Ordinance 836, Large Scale Comp. Plan text amendments:
City Manager Lynch read Ordinance 836 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve as presented.
Second to the motion: Commissioner Hughes.
On Vote:
Schad: aye
Barnes: aye
Hughes: aye
Kelley: aye Motion passed: 4-0
Item #21. Public Commentary:
Mr. Claude Mixdorf stated that all highways in the City needs sidewalks for the safety of the citizens.
Ms. Anna Vera Yingling suggested the Commission retire and let the City Manager run the City.
Ms. Barbara Day commented on bond debt and grants.
There was no further business to discuss and the meeting was adjourned at 8:25 p.m.
APPROVED THIS 10TH DAY OF JANUARY 2006.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
