CITY OF LYNN HAVEN
CITY COMMISSION MEETING MINUTES
JUNE 27, 2006 - 5:00 P.M.
The City Commission held a regularly scheduled meeting on Tuesday, June 27, 2006 at 5:00 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:
Mayor Kelley reported that he attended a Mayor's meeting in Orlando and it was a good meeting. The Mayor's Meeting is a part of the Florida League of Cities and Mayor Kelley reported that he is pleased to be a board member and believes it will be good for the state.
Motion by Commissioner Schad: To excuse Commissioner Hughes from the meeting.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Certificate of Appreciation: Mayor Kelley, Fire Chief Morrison and Lt. Hernandez presented eight year old Nicholas Smith a Certificate of Appreciation and a gift card to Toys R Us for his quick response in stopping the vehicle he was riding in when his mother became unconscious due to a medical condition. Mr. Smith was able to put the vehicle in park to keep it from traveling through an intersection and stop someone to call 911 for help.
Item #4. Commissioner's Report:
Schad: Commissioner Schad reported that he attended an EDA meeting in the Mayor's absence. He stated that it was an interesting meeting that focused on growth in Bay County.
Wittkopf: Commissioner Wittkopf reminded everyone to attend the 4th of July festivities that are scheduled for Tuesday, July 4, 2006. Ms. Wittkopf thanked Asst. City Manager Messer for her hard work and dedication during City Manager Lynch's absence. She stated that Ms. Messer has done an excellent job.
Barnes: Commissioner Barnes reported the information regarding the Historical Society has been posted on the marquee and in the newspaper. He stated that he has received interest from several citizens and urged anyone that is interested to contact him at City Hall.
Item #5. City Manager's Report:
Asst. City Manager Messer reported that the traffic enforcement on Minnesota Avenue resulted in 2 traffic citations for excessive speed . Asst. City Manager Messer stated that the FLC is requesting nominations for a voting delegate at the upcoming FLC Annual Conference in August 2006.
Motion by Commissioner Barnes:
To add Item #17A. FLC Voting Delegate Nomination to the Commission Agenda for discussion and possible action.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #6. City Attorney's Report:
No report.
PUBLIC HEARING OPENED: 5:08 P.M.
Item #7. Small Scale Plan Amendment, SSA-06-6, John P. Cope, east of Carla Lane and south of Hwy 390 - Mobile Home Park to Medium Density Residential:
Asst. City Manager Messer read Ordinance 852 by title only. This parcel is approx. 2.5 acres. The owner is requesting that the land use designation be changed from Mobile Home Park to Medium Density Housing. This request is within the guidelines of Florida Statutes, Chapter 163.
There was no audience participation and the Public Hearing was closed at 5:10 p.m.
PUBLIC HEARING OPENED: 5:10 P.M.
Item #8. Zoning Change, SDT, LLC, east of Hwy 77, north of 24th St., west of Minn. Ave. and south of Chambless Street - Residential BBB to Semi-business R/C1:
Asst. City Manager Messer read Ordinance 853 by title only.
This parcel is approx. 4.17 acres. The owner is requesting that the zoning be changed from Residential BBB to Semi-Business/Mixed Use District R/C1. This request is within the guidelines of Florida Statutes, Chapter 166.
There was no audience participation and the Public Hearing was closed at 5:13 p.m.
PUBLIC HEARING OPENED: 5:13 P.M.
Item #9. Large Scale Amendment transmittal - Re: CCS Land, LLC, and Terrafirma Properties, LLC, and Maulden, and Comp. Plan text amendment:
Asst. City Manager Messer read Resolution 2006-06-403 by title only. The City may amend its Comprehensive Plan twice a year; the following amendments are part of the first cycle of amendments for 2006:
Case No. LSA-06-1 CCS Land, LLC
AMENDMENT TO THE FUTURE LAND USE MAP FROM INDUSTRIAL AND BAY COUNTY AGRICULTURE/TIMBERLAND TO LOW DENSITY RESIDENTIAL ON TWO PARCELS OF LAND LOCATED EAST OF EAST AVENUE AND CAMRYN'S CROSSING AND NORTH OF 39TH STREET WHICH IS APPROX. 20.92 ACRES WITHIN THE CITY.
Case No. LSA-06-2 Terrafirma Properties, LLC
AMENDMENT TO THE FUTURE LAND USE MAP FROM BAY COUNTY RESIDENTIAL TO LOW DENSITY RESIDENTIAL ON A PARCEL OF LAND LOCATED AT JENKS AVENUE AND 26TH STREET WHICH IS APPROX. 27.57 ACRES WITHIN THE CITY.
Case No. LSA-06-4 Maulden, et al
AMENDMENT TO THE FUTURE LAND USE MAP FROM MIXED USE TO COMMERCIAL ON TWO PARCELS OF LAND LOCATED EAST OF SR77, NORTH OF 24TH STREET, WEST OF MINNESOTA AVENUE AND SOUTH OF CHAMBLESS STREET WHICH IS APPROX. 38.35 ACRES WITHIN THE CITY.
Case No. LSA-06-3 Text Amendments
AMENDMENT TO THE ADOPTED COMPREHENSIVE PLAN PROVIDING FOR TEXT AMENDMENTS TO ESTABLISH THE FUTURE LAND USE MAP AS A SINGLE MAP SYSTEM TO BE USED FOR REGULATORY PURPOSES IN THE UNIFIED LAND DEVELOPMENT CODES; PROVIDE DESCRIPTIVE LAND USE DISTRICTS; REORGANIZE OBJECTIVES AND POLICIES IN THE FUTURE LAND USE ELEMENT UNDER TOPICAL HEADING; AMEND OTHER ELEMENTS AS NECESSARY FOR CONSISTENCY, AND UPDATE THE CAPITAL IMPROVEMENTS ELEMENT IN REGARDS TO TIMING AND CONCURRENCY MANAGEMENT. STAFF RECOMMENDS TO APPROVE THE PROPOSED TEXT AMENDMENTS AND THE SUGGESTED CHANGES ON THE ERRATA SHEET WITH THE EXCEPTION OF TWO NEW POLICIES CONCERNING WETLANDS AND MITIGATION; AND NOT DELETING "25 year" IN POLICY 1-3 OF THE INFRASTRUCTURE ELEMENT.
There were citizen concerns with the Maulden property being zoned commercial. Many residents were concerned with the value of their homes and traffic generated by the commercial area.
After audience participation the Public Hearing was closed at 5:44 p.m.
CONSENT AGENDA:
Item #10. Minutes:
6/13/2006 - 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 #11. Reappointment of William Kornman to the Beautification Board:
Staff recommends approval to reappoint Mr. Kornman to the Beautification Board.
Motion by Commissioner Schad: To accept the recommendation of staff as presented.
Second to the motion: Commissioner Barnes.
Commissioner Schad stated that Mr. Kornman has been an asset to the City and we are lucky to have him serving on the Board.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
OLD BUSINESS:
Item #12. Second and final reading of Ordinance 852, Small Scale Plan Amendment, SSA-06-6, John P. Cope, east of Carla Lane and south of Hwy 390:
Asst. City Manager Messer read Ordinance 852 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve Ordinance 852 as presented.
Second to the motion: Commissioner Schad.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #13. Second and final reading of Ordinance 853, zoning change, SDT, LLC, east of Hwy 77, north of 24th Street, west of Minnesota Avenue and south of Chambless Street:
Asst. City Manager Messer read Ordinance 853 by title only. This was the second and final reading.
Motion by Commissioner Schad: To approve Ordinance 853 as presented.
Second to the motion: Commissioner Barnes.
City Attorney Jackson stated that this is a quasi-judicial hearing under Lynn Haven Code; if any of the Commission has had ex-parte communication with the parties involved it should be disclosed at this time.
Commissioner Schad stated that he has had no communications.
Mayor Kelley stated that he has spoke with staff and a gentleman.
Commissioner Wittkopf stated that she has had no communications.
Commissioner Barnes stated that he has spoke with Mr. Everitt.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #14. Second and final reading of Ordinance 854, annexation, CCS Land, LLC, east of East Avenue and Camryn's Crossing and north of 39th Street:
The property is approx. 16.8673 acres and the owner is requesting annexation into the City. Asst. City Manager Messer read Ordinance 854 by title only. This was the second and final reading.
Motion by Commissioner Barnes: To approve Ordinance 854 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 a Polling Place Agreement with Bay County Supervisor of Elections:
City Attorney Jackson stated that the SOE has presented a proposed agreement to use the Lynn Haven Annex, 108 E. 9th Street, as a polling place. The SOE requests permission to make temporary improvements to make the facility handicap assessable. City Attorney Jackson recommends approval of the agreement with one change - #3. Authority to Improve Premises: - "to make temporary changes".
Motion by Commissioner Schad: To approve the agreement as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #16. Discussion and possible action regarding Interlocal Service Agreement for inspection services with Bay County:
City Attorney Jackson stated that this is an interim agreement with Bay County to provide inspections for the City on a temporary basis. Attorney Jackson recommends approval of the interim letter and the interlocal agreement as presented.
Motion by Commissioner Schad: To approve the agreement as presented.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
NEW BUSINESS:
Item #17. Resolution 2006-06-403, authorizing the transmittal to appropriate agencies amendments to the Comprehensive Plan:
Asst. City Manager Messer read Resolution 2006-06-403 by title only.
STAFF RECOMMENDS TO APPROVE THE PROPOSED TEXT AMENDMENTS AND THE SUGGESTED CHANGES ON THE ERRATA SHEET WITH THE EXCEPTION OF TWO NEW POLICIES CONCERNING WETLANDS AND MITIGATION; AND NOT DELETING "25 year" IN POLICY 1-3 OF THE INFRASTRUCTURE ELEMENT.
Motion by Commissioner Barnes: To approve Resolution 2006-06-403 with staff recommendations.
Second to the motion: Commissioner Schad.
Commissioner Wittkopf stated that she had several concerns with the transmittal. She stated that she did not agree with the zoning on the Maulden property and utility service area in the Comp. Plan.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #17A. Appointment of a voting delegate for the FLC Annual Conference:
Motion by Commissioner Schad: To appoint Mayor Kelley as the voting delegate.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Barnes: aye
Kelley: aye Motion passed: 4-0
Item #18. Public Commentary:
Pastor Tony Gryskiewicz thanked the Commission for opening the meeting with a prayer.
There was no further business to discuss and the meeting was adjourned at 5:57 p.m.
APPROVED THIS 11th DAY OF JULY 2006.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manger/Clerk
Prepared by Laurie Baker
