CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
MAY 23, 2006 - 7:00 P.M.

The City Commission held a regularly scheduled meeting on Tuesday, May 23, 2006 at 7:00 p.m. in the Commission Meeting Room at City Hall.

Present:

Walter T. Kelley, Mayor
Antonius G. Barnes, Mayor Pro Tem/Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, Commissioner
Charlene V. Messer, Assistant City Manager/Clerk
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Chief of Police

Absent:

Jimmy H. Hughes, Commissioner
John B. Lynch, City Manager

Mayor Kelley called the meeting to order and gave the Invocation. The Pledge of Allegiance followed.

Item #3. Mayor's Report:

Motion by Commissioner Schad: To excuse Commissioner Hughes from the meeting.

Second to the motion: Commissioner Barnes.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Mayor Kelley reported that he missed the past meeting as he was in Tallahassee lobbying for the NWFLC.

Item # 4. Commissioner's Report:

Schad: Commissioner Schad reported that the Summer Music Festival begins on May 30, 2006 in Sheffield Park. He invited everyone to come out and enjoy.

Wittkopf: Commissioner Wittkopf reported that she attended a retirement MAC affair on May 18, 2006 for General Eddington, TAFB.

Barnes: Commissioner Barnes reported that he attended MHS graduation. Approximately 500 students graduated and it was a nice celebration.

Item #5. City Manager's Report:

No report.

Item #6. City Attorney's Report:

No report.

Item #7. PUBLIC HEARING OPENED:

7:03 p.m.

Zoning, James Maulden, East of SR77, North of 24th Street, West of Minn. Avenue, and South of Chambless Road.

City Attorney Jackson stated that this is a quasi-judicial hearing under Lynn Haven Code; if any of the Commission has had ex-parte communications with the parties since the last meeting it should be disclosed at this time.

Commissioner Schad stated that he had a brief conversation with Mr. Everitt.

Mayor Kelley stated that he had received a call from Mr. Everitt and had spoke with staff.

Commissioner Wittkopf reported that she has not talked to anyone.

Commissioner Barnes reported that he has not talked to anyone.

This entire parcel is approximately 38.346 acres; approx. 4.97 acres of the property is currently zoned Retail Commercial and approx. 33.376 acres is currently zoned Residential BBB. The owner is requesting that the zoning on the 33.376 acres be changed from Residential BBB to Semi/Business/Mixed Use District R/C1.

Ms. Barbara Day commented on conservation.

Ms. Marion Cook reported that the wetlands have been assessed and some of them have already been mitigated.

Mr. Daryle Burkey stated that he was concerned with traffic. He also wanted to know what would be placed on the property.

There was no further audience participation and the Public Hearing was closed at 7:11 p.m.

CONSENT AGENDA:

Item #8. Minutes:

5/9/06 - Board of Appeals, 5/9/06 - Regular Meeting

Motion by Commissioner Schad: To approve the minutes as presented.

Second to the motion: Commissioner Barnes.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Item #9. Approve parade route for Shaddai Temple Ceremonial Parade - 6/3/06:

Staff recommends approval for a parade route on Hwy 77 on June 3, 2006 beginning at 9:00 a.m.

Motion by Commissioner Barnes: To approve as presented.

Second to the motion: Commissioner Wittkopf.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

OLD BUSINESS:

Item #10. Second and final reading of Ordinance 830, Zoning, James Maulden:

Asst. City Manager Messer read Ordinance 830 by title only. This was the second and final reading.

Motion by Commissioner Barnes: To approve Ord. 830 as presented.

Second to the motion: Commissioner Schad.

On Vote:

Schad:		aye
Wittkopf:		no
Barnes:		aye
Kelley:		aye		Motion passed: 3-1

NEW BUSINESS:

Item #11. Discussion and possible action regarding amending mid-year budget:

The amended budget was discussed, page by page, at the workshop on May 22, 2006.

Motion by Commissioner Schad: To approve the mid-year amended budget with changes as presented.

Second to the motion: Commissioner Barnes.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Item #12. Discussion and possible action regarding road closure for Lynn Haven Elementary School:

Tabled.

Motion by Commissioner Schad: To table this issue, allow LHE and the Lynn Haven Police Dept. meet and discuss, and bring back to the Commission.

Second to the motion: Commissioner Barnes.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Item #13. Discussion and possible action authorizing the disposal of surplus vehicles:

Staff recommends approval to dispose of surplus vehicles.

Motion by Commissioner Barnes: To approve as presented.

Second to the motion: Commissioner Wittkopf.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Item #14. Resolution 2006-05-401, Pinnacle at Hammock Place - Parking Deferral:

Pinnacle at Hammock Place consists of 132 apartment units which by the Code requires 318 parking spaces; the development was constructed with 213 spaces; there have been three traffic studies completed and on average 50 spaces were empty. Staff concludes adequate parking exists and the deferral should be made permanent. Asst. City Manager Messer read Resolution 2006-05-401 by title only.

Motion by Commissioner Barnes: To approve as presented.

Second to the motion: Commissioner Schad.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Item #15. Discussion and possible action regarding the Bay County Economic Development Alliance:

The EDA is requesting funding for fiscal year 2006/2007 in the amount of $23,097.

Motion by Commissioner Schad: To approve as presented.

Second to the motion: Commissioner Barnes.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Item #16. Resolution 2006-05-402, authorizing the submittal of a Florida Boating Improvement Program grant to dredge the boat ramp basin at Porter Park:

The Florida Fish and Wildlife Conservation Commission is now accepting applications for their Florida Boating Improvement Program. Staff recommends the submittal of an application for the dredging of the boat ramp basin and channel at an anticipated cost of $80,750. Asst. City Manager Messer read Resolution 2006-04-402 by title only.

Motion by Commissioner Wittkopf: To approve as presented.

Second to the motion: Commissioner Schad.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Item 16A. Pinnacle at Hammack Place - Parking Deferral regarding rebuilding rights:

City Attorney Jackson reported that he had received a request from the developer's representatives to draft a letter from the City explaining their rebuilding rights in the event that there is a catastrophic event that destroys the complex.

Motion by Commissioner Schad: To authorize the City Attorney to draft a letter stating that it has to be built exactly as it is and the parking deferral will remain in affect; if changes are made it must come back before the Commission for approval.

Second to the motion: Commissioner Wittkopf.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

Item #17. Public Commentary:

Ms. Barbara Day commented on the amended budget and the CRA. She stated that the City needs a certified finance director.

Mr. Daryle Burkey stated that he is concerned with speeding on Minn. Avenue. He suggested speed bumps to slow traffic down.

Motion by Commissioner Barnes: To authorize the Police Dept. to monitor and enforce with zero tolerance for 30 days and report back to the Commission.

Second to the motion: Commissioner Wittkopf.

On Vote:

Schad:		aye
Wittkopf:		aye
Barnes:		aye
Kelley:		aye		Motion passed: 4-0

There was no further business to discuss and the meeting was adjourned at 7:49 p.m.

APPROVED THIS 13th DAY OF JUNE 2006.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager

Prepared by Laurie Baker

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