Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 1 MONDAY, APRIL 21, 2025 CITY COMMISSION MEETING - 5:30 P.M. Present: Jesse Nelson, Mayor Judy Vandergrift, Mayor Pro Tem Sam Peebles, Commissioner Pat Perno, Commissioner Jamie Warrick, Commissioner Vickie Gainer, City Manager Sergeant at Arms Amy Myers, City Legal Counsel Item # 1. Call to order. Mayor Nelson called the meeting to order at 5:32 P.M. Item #2. Invocation and the Pledge of Allegiance. The invocation by Chaplain Stephens followed by the Pledge of Allegiance. Item #3. Public Commentary. Ms. Weaver - 306 Alexander - Wanted to compliment the city about the street that is no longer a river because Ms. Gainer and Mr. Baker had worked diligently with her to get the county to come and clean the entire ditch out. She would like people to start seeing the good stuff even if we all fall short. She would like everyone to focus on the city and the good way. Mr. Scray - agenda item 11 & 12 on the consent agenda when further on down the agenda there is an item to deal with those types ofitems. would like them pulled out for discussion. Wants a timeline of when a final CO will be issued. Mr. Scray would like a timeline when repairs to the old city hall will be completed. Mr. Thompson 8317Front Beach Road - back in 2017 the county passed the halfcent infrastructure tax. LH was projected to receive about $20m, and it's about 8 years later. Firstly, what is the actual amount? Secondly, when the half cent sales tax passed the city took out a bond that should have been paid back. Was it paid back? The Mayor said they would respond during their reports. Mr. Thompson gave a verbal public records request asking for any and all emails for Friday, Saturday, Sunday, and today with the search criteria of Burnie or Bernie. The mayor said he will need to put that request in Writing. Mr. Thompson said he believes he doesn't need to put it in writing. Ms. Parker, Rett Place = thanked them for addressing the potholes. She said she spoke with Mr. Lightfoot about digging out their ditches which have never been flooded. They have dug out the ditches again and her pavers are sinking again. Quit digging the ditches in that area because it doesn't need it. She has heard some people speaking about not being negative. She said she is not being negative but is addressing an infection. Ifthey ignored the corruption and didn't speak about it, they do not deserve a seat on the commission. Item # 4. Mayor's Report. The Mayor reminded everyone to vote tomorrow during election day. Also wanted to thank Commissioner Vandergrift as it is her last full meeting with this commission. Item #5. Commissioners' Reports. Commissioner Peebles - Also thanked Commissioner Vandergrift. He asked the attorney ifhe could answer the public records request for Mr. Thompson now or must wait to be answered. The attorney advised that the question is a public information request although the request isn't for records SO the records request has been made and until he withdraws it, we will have to comply with it. Commissioner Peebles asked whatifhejust said the answeris none. The attorney said he can certainly respond, it doesn't make the records request go away. Commissioner Peebles went on to say it has Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 2 been paid off but if they want proper numbers, they may have to submit a public records request because he doesn't want to give false numbers. The Commissioner gave further updates and thanked everyone for their applications for the BoA. Motion by Commissioner Peebles to move agenda item 12 to after item 20, and make it 21. Second to the motion Commissioner Perno On Vote: Peebles aye Perno aye Warrick aye Vandergrift aye Nelson aye Motion passed: 5-0 Also thanked everyone who had a hand in putting this agenda together as there is a lot of leg work behind the scenes. Thanked all staff who worked for the easter celebration. Commissioner Perno thanked Commissioner Vandergrift. Encouraged all to get out and vote. Thanked all first responders and dispatchers. Commissioner Warrick - Been busy past couple weeks. Recommended all go back and watch the video of the recent workshop. Regarding the surtax bond, there is a schedule on the website that is updated regularly on what is owned on the surtax, and he believes it has been paid off. Commissioner Vandergrift - thanked the staff who worked on the easter egg hunt where there were 40000 eggs. It took 3 minutes to pick up 40000 eggs. Item #6. City Manager's Report. A. Warrant list: there were no queries. The City Manager said the surtax was paid off in 2023. Collected since 2016 $18.4m and we still have $3.5m as stated in the previous meeting. Will be doing a summer camp for the first time this year. There will be basketball, soccer, STEM camp, and volleyball camps. Information about those dates will be on our FB page and website. Boys & girls club is full for the summer with kids on the waiting list. Great place for after school care and summer care. The crawfish play equipment has been repaired at the bayou park. A celebration of Arbor Day will be the live oak planting on April 25th. LHPD received a great letter of commendation for their help to the Ozark PD busting an organized crime ring from Romania. Item #7. City Attornev's Report. City Attorney - had nothing to report. CONSENT AGENDA Item # 8. Approval of] Minutes dd 04/08/25 - Regular meeting minutes. Item # 9. Approval to temj porarily close Highway 77 for the annual 2025 Fourth of July Parade between the hours of 7am and 12pm. Item # 10. Approval to close all city offices on July 7, 2025. Item # 11. Approval to appoint Miranda L. Barnes to the City's Board of Adjustment. Item # 12. Approval to appoint one (1)new member to the City's Board of Adjustment. Item # 13. Approval to declare asset NIFTY LIFT-4242 as surplus and authorizing staff to auction off. Item # 14. Approval and authorize the Mayor to sign amendment three (3) to Federally Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 3 Funded Community Development Block Grant Disaster Recovery Program (CDBG-DR) Hazard Mitigation Grant Match Program Subrecipient Agreement M0084 = Bradley Circle Drainage Improvements. Item # 15. Approval and authorize the Mayor to sign amendment three (3) to Federally Funded Community Development Block Grant Disaster Recovery Program (CDBG-DR) Hazard Mitigation Grant Match Program Subrecipient Agreement M0083 = 11th Street Drainage Improvements. Item # 16. Approval and authorize the Mayor to sign amendment three (3) to Federally Funded Community Development Block Grant Disaster Recovery Program (CDBG-DR) Hazard Mitigation Grant Match Program Subrecipient Agreement M0125 = Acme Lane Drainage Improvements. Item # 17. Approval of Contingent Settlement of Benjamin McWaters V COLH. Motion by Commissioner Warrick to remove item 11 for the same reasons they removed item 12, to after item 20. Second to the Motion: Commissioner Perno The Mayor advised that both item 11 and 12 will be removed and moved to item 21 and 22 respectively. Motion by Commissioner Warrick to Approve all items except item 11 and 12 on the Consent Agenda Second to the Motion: Commissioner Perno On Vote: Warrick aye Perno aye Peebles aye Vandergrift aye Nelson aye Motion passed: 5-0 OLD BUSINESS PUBLIC HEARING Opens 5:57 pm Item # 18. Final Reading of Ordinance # 1177 amending the Unified Land Development Code (ULDC) Section 6.05.15: Specific Parking Requirements for Major Recreational Vehicles (RV) /Equipment. The City Manager read the ordinance by title only. The City Attorney highlighted that in the CAR she provided with this agenda item she indicated that the total amount of equipment that can be parked in a residential unit was two, essentially 1 plus one; one in the front or side yard plus one in the backyard. That math was wrong, and you can actually have an unlimited in the backyard but only one in the front or side. The Mayor opened the floor for discussion by the Commission. Commissioner Warrick - would like to make a motion to strike three would like it to be three as the limit and to not allow parking on vacant lots. Rescind the motion for further discussion. Commissioner Perno - have the ability to allow the people to put it on the front yard and side yard. Ifyou have an RV in your driveway, the neighbor cannot see what is coming along the road. Itis a safety issue. Why not say you can have something in the driveway, without encroaching the right of way. Feels you can have other smaller vehicles anywhere in the yard. Mayor = page 47 B.1. may be parked etc. would that çover what Commissioner Perno is referring to Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 4 about the right of way. Attorney said she understood that he wants that portion to only apply to large RVs and not smaller recreational items. Commissioner Peebles = feels we should scale it back to just major RVs camper.'motorhome); perhaps change the definition of recreational vehicles. Strike out the vacant properties and make sure they are out of the right-of-way, say it can be on the driveway, allow it in the side yards and call it a day. Commissioner Vandergrift -is opposed to all ofit. 300 RVs referenced knew what the requirements were when they purchased their RVs. If we pass this ordinance there will be 1500 instead of300. We want Lynn Haven to remain as a beautiful community. Wants to stay with what we have and just tweak it. Commissioner Warrick agrees with a lot of what Commissioners Peebles and Perno have said. Further discussion occurred. Commissioner Peebles a sticking point is side yard. With the different lot sizes, perhaps no more than one RV: in a side yard per 750sq.ft? Commissioner Vandergrift would like to just keep it in the back yard. The Mayor opened the floor to the public for comments. Mr. Langford = agrees that the code needs to change to avoid violations and agrees with removing the minor vehicles. Disagrees with vacant lot storage. Keep it simple, allow parking on side yard, driveway, and vacant lots. Also need to reduce the definition of what a major recreational vehicle is and keep it to motorhomes and campers. It is not rocket science. Ms. Williams - Agrees she is against all ofit and finds it intrusive. We are a boating community, and we are active. Use the ordinances and rules in place that you have. Mr. Crutchfield - has boats and jet skis and kayaks all behind his fence and none ofit impedes in the right of way. Ifthey put these restrictions, it will affect his use ofhis recreational vehicles. Feels this is an encroachment on their liberties and private property and the constitution. He would like them to consider Mr. Cory's amendments. Ms. Donna Lorell - moved here a few years ago and loves it. Are very active semi-retirees. Believe is law and order and tidiness. Noissue with neighbors having these vehicles. Just make sure they are registered and keep them neat and orderly. Shawn Mullins - 904 Virginia Ave - has issues with restrictions and the definition of a front yard. He has trailers in his driveways at all times and he keeps them tidy. RVs are not scaring people away. People are coming here for this lifestyle. Ifyou now: say they cannot have them, you cannot be further disconnected from the people of this city. Mr. Keel - Kentucky Avenue purposely purchased in an area that did not have an HOA because he did not want those restrictions. This ordinance sounds like the city ist trying to act like an HOA. Would a pair ofjet skis on a trailer (would that be two), 8 kayaks on a single trailer (8 items or 1). A kayak is a boat. People have voted for less regulation. Does not want this ordinance passed as it is. Retired ChiefDelonjay feels this is an overreach. Ifitis tagged, insured, and can fits in the driveway let the people have it. This is a boating and camping community. Spent more money on his RV than some of these houses. He did his homework before he purchased it, and the police chief told him it was okay to park it there. Mr. Scray -is it more important for aesthetic or to protect property rights or to consider safety (like line of sight). Recommends a 20% field of view, about 30ft off the center of the road, not just for RVs but for everything. Ifyou're not concerned about safety, there is an issue. Compromise between safety and property rights. Does the city have liability if a kid gets hit because there is no line-of- sight rule? Just keep everything out of the right-of-way. Commissioner Warrick - two jet skis on one trailer would be one? The mayor and Attorney agreed. Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 5 Mr. Keel - question #6 - side yard lots as small as 5ft, how does the city propose that someone put their boat or motorhome in the back yard. The mayor confirmed we have piggy backed off someone else's ordinance and they have different issues than us. Perhaps we need to look at our own ordinance and tweak it to suit our own unique circumstances. City Manager the code we already have in place is good, could those RV's be parked on the side? Our original ordinance doesn't really address other vehicles. Resident from Florida Ave - LH is a toy town with a lot of recreation. Please don't restrict what we do on our land. Ifit is insured, licenses and neat, leave it alone. Ifit'sa mess tell him and make them clean it up. Keep it simple. Mayor Nelson asked the city attorney how to deal with this if they want to revert to the current ordinance and simply tweak it. The attorney said she can go back and review the current ordinance and call it # 1177R and bring it back for them to have a discussion. This would include allowing them to park in the driveway without impeding the right of way. PUBLIC HEARING Closed 6:44 pm PUBLIC HEARING Opens 6:44 pm Item # 19. Final Reading of Ordinance # 1179 amending the Unified Land Development Code (ULDC); to Establish the Marina Island Overlay District. The City Manager read the ordinance by title only. The Director of Development and Planning explained the item. Attorney for the affected party (Mr. Tannehill) presented. Asked to go after the applicant. The Mayor opened the floor for discussion by the Commission. Commissioner Warrick asked to go back to a map wanted to ask about that part encroaching on the industrial land that is already there. Mr. Bales - that site has not been planned yet. When they do, they will SO a development order. He doesn't think their uses are incompatible. This overlay will not create a situation that would encroach on any surrounding properties. Commissioner Vandergrift -is there a timeline? There is a typo on one ofthe maps should be 30ft and LDR. The process after tonight is hopefully approval, the next step is to develop the DO to be submitted to city staff, then submit it to commission. Estimated phase I = about 3 months to put together the DO and about 3 months to approve. Within 8-12 months to start work out there. Commissioner Warrick the area that FSU owns, access point for them? Mr. Bales, there is an easement and access that they have. Ms. Marina made a presentation on behalf of Marina Island. Attorney Robert Volpe for the affected party Merrick Industries and Little Oyster Bay Point LLC which owns the property oft the northwest ofthe Marina island Overlay District to the west and to the north ofthe later phase to be developed next to the industrial site, and his clients support this project and think that this is a good project for the City ofLynn haven. His main concern is compatibility per the state requirements of compatibility between adjacent uses, per section 163.32.02. This is addressed in the city's ULDC and the buffer requirements. They believe Buffer type D (60ft) would be most compatible, apparently based on LH land use code. Mr. Tannehill = gave handouts to the city attorney to distribute. Explained his father built his existing site. He has employees with over 47 years of experience there. They are an industrial site that works 3 shifts (24 hours a day). Never had a complaint from a neighbor and would like to keep it that way. You can see from his handout how close the residential lots are to their fence. He would like the max of 60ft, a solid fence, and a notice to future homeowners what they are moving next to. They have blacksmiths who pound metal very loudly. He asked for support to help him to continue doing what Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 6 he does without developing angry neighbors. Darrin Taylor - Holtzman Vogle Planning Director - appreciates hearing the willingness to listen and to hear how important everyone thinks Merrick Industries is. When people go home at night, they want it to be quiet. With 24-hour operations at Merrick Industries there will be complaints about the noise. It is Merrick that will receive the complaints. There is some unusual inconsistency in your standard. A proposed and existing use would typically have the same. However, your code says that if industrial is in place, and you propose industrial in a mixed-use I have to do a plan D, but single family in mixed-use requires only plan C. Finally, code includes compels imposing the most stringent standard when there is an inconsistency, and in this case that would be plan D. Attorney Robert Volpe reserves the right to ask future questions. The Mayor opened the floor for public commentary. Mr. Crowder = been following this project for years now. Is excited about the development and the developer has been excellent in keeping us informed and listening to our concerns. Feels we need to go out of our way to ensure this happens and encourages the commission to vote yes. Ms. Walker - understood the industrial park would stay industrial. Mayor -land use is mixed use not industrial, which allows residential. Commissioner Warrick - yes it does allow for multi family units, until we go through the comprehensive plan. Ms. Walker - has the contamination been resolved? Mr. Walker spoke again about when it was turned over from the Airforce to the city. Itis apparently in the contract that the city could not disturb the soil. Ownership of the water state owns all the water, and they will not be able to prevent anyone from coming in and using that area. He mentioned the canals and if they will adapt the ditches etc. He went on to say they don't have to pass this now. You can deal with it when they submit a development order. Mr. Scray 24/7 operations and noise not sure of the decibels of the mosquito trap but his one wakes him up. Doesn't want to see Merrick closing down because of the noise. The fact that they say they don't have a plan on that property at this stage is a great opportunity to say lets exclude this one from the overlay. Give the best buffer opportunity to prevent problems. Randy whitehead - LH - lives on the bayou and looking forward to seeing this move forward sO it can be cleaned up. Jack (in the black hat) - used to work at Merrick industries for 4 years. Do a lot of good work. Driving to and from the plant was not that far. Add a huge group ofbuildings, it will add transit times etc. and you will have to widen the roads. Mr. Bales = addressed some of the comments. Firstly, the project is lower density than the area surrounding it, about half at full capacity. Regarding the issue oft the buffer, applauds Mr. Tannehill for taking the initiative to foresee this issue. However, the misconception is that there is no difference between 30 or 60 ft ifs you do not have something in that space to break that sound up. Ifyou look at the city's code on page 76 there are four different variances ofc buffer, the smallest being 20ft and all the way up to 35ft. Type D has 60ft Buffer all the way down to a 30ft buffer. Based on all that is said here, the types of things being brought up will likely be addressed during the development order phase. Also, if we go to type D buffer allow a smaller size with much more tree growth. It does not require 60ft because type D can be as little as 30ft. He said it would make sense to maybe bring a sound engineer in to provide guidance. Their interests are aligned. Thirdly, the code is 75 decibels, which is equivalent to a toilet flush. He has walked that fence a hundred times and has never heard anything noisy there. Lastly, regarding environmental issues - the site has been cleared by the EPA and there is a small portion that has a slightly higher level of Arsenic on it, which is naturally occurring, and we have been instructed to pour 2ft of dirt on top ofit. Mayor Nelson - earlier you asked for us to stay within the ULDC and not give anyone any exceptions? Mr. Bales -yes. Then why are you asking for an overlay to incorporate these exceptions. Mr. Bales - we are suggesting using the ULDC standard for the buffer. Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 7 Motion by Commissioner Warrick to approve Ordinance # 1179 amending the Unified Land Development Code (ULDC); to Establish the Marina Island Overlay District, to require language installing a 60-foot Type D buffer (per sec. 4.06.00 ULDC) between all new development and existing industrial uses; no development permitted within said buffer except walkways and bikeways, or sound attenuation; as well as taking out the industrial piece of land that they have not yet decided on a use for. Second to the Motion: Commissioner Vandergrift The mayor opened the floor to the public for comment. Mr. Bales - in that piece of land we do have industrial language in there. The picture is just for reference. Mr. Jack (in the black hat) - clarification - lives on house on 5th and Michigan Ave about a third of an acre. That is 4 house in an acre of land, sO he's not sure where they are getting their figures of density from for 20 - 30 units per acre, in his opinion that is high density. On Vote: Warrick aye Vandergrift aye Peebles aye Perno aye Nelson aye Motion passed: 5-0 PUBLIC HEARING Closed 7:47 pm The meeting reçessed for 5 minutes. The meeting reconvened at 7.57 pm. Item # 20. Discussion and possible approval of] Resolution # 2025-04-454 Amending Policy No. 96-EX5 as adopted by the City Commission on April 9, 1996, for the Recruitment and Appointment of Citizens to the City Advisory Boards. The City Manager read the Resolution by title only. The City Manager explained the item. The Mayor opened the floor for discussion by the Commission. Commissioner Peebles - #6A end of sentence "informal or informal basis" should that be formal or informal basis? The attorney affirmed. Commissioner Warrick - do we want to list the Boards on here? Mayor they are listed on the charter. The attorney said they may not be. The Mayor asked that the attorney add the missing Boards to the policy. The City Manager - asked the attorney if that would affect the Boards that are listed in the charter already. The attorney said no. Motion by Commissioner Warrick to approve Resolution # 2025-04-454 Amending Policy No. 96-EX5 as adopted by the City Commission on April 9, 1996, for the Recruitment and Appointment of Citizens to the City Advisory Boards, with the addition of a page listing all the Boards. Second to the Motion: Commissioner Perno Mayor Nelson opened the floor for comments by the public. Mr. Scray - who will then appoint the two tonight? City Manager we will start with seat 1. Mr. Scray - who appointed these members last time. Mayor - no one they were voted on in general. Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 8 On Vote: Warrick aye Peebles aye Perno aye Vandergrift aye Nelson aye Motion passed: 5-0 NEW BUSINESS Item # 21a. Approval to appoint Miranda L. Barnes to the City's Board ofAdjustment. Commissioner Peebles - Explained the reason for appointing this person as grandfathered in from a previous meeting. Motion by Commissioner Peebles to appoint Miranda L. Barnes to the City's Board of Adjustment. Second to the Motion: Commissioner Perno Mayor Nelson opened the floor for comments by the public. There were none. On Vote: Peebles aye Perno aye Vandergrift aye Warrick aye Nelson aye Motion passed: 5-0 Item # 21b. Approval to appoint one (1) new member to the City's Board of Adjustment. Mayor Nelson - Invited Commissioner Vandergrift to make a motion to nominate someone from the applications as her last nomination on the commission. Motion by Commissioner Vandergrift to appoint Mr. Jeremy Wood to the City's Board of Adjustment. Second to the Motion: Commissioner Peebles Mayor Nelson opened the floor for comments by the public. None On Vote: Vandergrift aye Peebles aye Perno aye Warrick aye Nelson aye Motion passed: 5-0 Item # 21c. Discussion and possible approval of Resolution # 2025-04-453 amending the FY 2024-2025 Mid-Year Budget. The City Manager read the Resolution by title only. The Director of Finance explained the item. The Mayor opened the floor for discussion by the Commission. Commissioner Peebles - asked for a more detailed explanation ofthe CDBG grant funds. Ms. Roman explained that the CDBG is going to pay for the West 10th Street infrastructure project, and they require us to finish $5.2m worth of expenditures before September 30th 2025. She is booking a receivable, SO they are going to send us back the $5.2m, as expeditiously as practical. So, because we have to spend and then receive $5.2m, it is budget neutral. Commissioner Warrick - SO $5.2m and $12.1m had to do with grant and ARPA funds? Ms. Roman correct. Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 9 Motion by Commissioner Warrick to approve Resolution # 2025-04-453 amending the FY 2024-2025 Mid-Year Budget. Second to the Motion: Commissioner Peebles Mayor Nelson opened the floor for comments by the public. On Vote: Warrick aye Peebles aye Vandergrift aye Perno aye Nelson aye Motion passed: 5-0 QUASI-JUDICIAL PUBLIC HEARING Opens 8:13 pm The attorney swore in anyone who wished to speak. Item # 22. Application for Development Order: The ARC of The Bay (St. Andrews Bay Center): Additional Parking & Dry Retention Pond; 1804 Carolina Ave. The Director of Development and Planning explained the item. The Mayor opened the floor for discussion by the Commission. Motion by Commissioner Warrick to approve the Application for Development Order; The ARC ofThe Bay (St. Andrews Bay Center); Additional Parking & Dry Retention Pond; 1804 Carolina Ave. Second to the Motion: Commissioner Peebles Mayor Nelson opened the floor for comments by the public. None On Vote: Warrick aye Peebles aye Vandergrift aye Perno aye Nelson aye Motion passed: 5-0 QUASI-JUDICIAL PUBLIC HEARING Closed 8:19 pm QUASI-JUDICIAL PUBLIC HEARING Opens 8:19 pm The attorney swore in anyone who wished to speak. Item # 23. Application for Development Order: Circle-K Convenience Store with Fuel Sales: 4628 Highway 389. The Director of] Development and Planning explained the item. The Mayor opened the floor for discussion by the Commission. Commissioner Warrick - Bay county approved it; would that not be the state? Ms. Richard - it is a county road. Motion by Commissioner Warrick to approve the Application for Development Order; Circle-K Convenience Store with Fuel Sales: 4628 Highway 389. Second to the Motion: Commissioner Perno Mayor Nelson opened the floor for comments by the public. None. On Vote: Warrick aye Perno aye Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 10 Vandergrift aye Peebles aye Nelson aye Motion passed: 5-0 QUASIJUDICIAL PUBLIC HEARING Closed 8:19 pm PUBLIC HEARING Opens 8:19 pm Item # 24. Discussion for the Marina Island Development Agreement. The Attorney explained the item, explaining that nothing needs to be done at this time other than to receive public comment and discuss it as they with to the content oft this development order. There is al blank on page 248 that needs a date filled in before the conclusion ofthe second public hearing with regard to the timeline for their construction and dedication oft the public parking spaces and a number that is equivalent to however many parking spaces can be accommodated on the top floor of their parking garage. Ms. Myers advised that it does have a term of30 years. She pointed out that the legal description for the overlay district and this agreement is the same. Since they want to remove that unprogrammed industrial piece of land from the development agreement at this time they can keep the originally proposed legal description which will bind the entitlements on that land, or they can remove the unprogrammed industrial piece of land from this development agreement. To revise to undo it for both overlay and development agreement will require two public hearings. Mayor Nelson opened the floor to the commission for discussion. Commissioner Warrick = stormwater impact fees -it says it won't connect to the city's stormwater system, but how do we knowi it still won'timpact the areas around it. Also, is there something in there that exempts them from stormwater impact fees. Attorney - yes, although she doesn't recall seeing an exemption from the assessment fee. Mayor Nelson said that any other questions be sent to the City Manager. Mr. Volpe - The development agreement has language about the buffer and he asks that the same overlay buffer language be used. PUBLIC HEARING Closed 8:23 pm Item # 25. Discussion and possible approval to appeal the Board of Adjustment Decision by Obsidian ML 1,LLC: Cumberland Farms Sign Variance Request. The attorney for the applicant, Mr. Robert Volpe, explained the item. Case law says when there is a reduction in the non-conforming height means they can retain the non-conforming status and be approved without a variance. The city attorney said the first question the commission needs to answer is to determine if it is a modification in the structure. Mr. Volpe the city's code defines a modification, but he is referencing case law. Commissioner Warrick = it is a modification and meets the criteria for variance. Commissioner Vandergrift - why did the BoA have two dissenting? Ms. Richard - because they have to look through the list of criteria and they know it is in the ULDC and consider the request against these things. But they did not specify why specifically. Motion by Commissioner Perno approval to make a modification with a variance for the Obsidian ML 1, LLC; Cumberland Farms Sign. Second to the Motion: Commissioner Peebles Mayor Nelson opened the floor for comments by the public. There was none On Vote: Perno aye Minutes from the City Commission meeting called April 21, 2025, at 5:30 P.M. Page 11 Peebles aye Vandergrift aye Warrick aye Nelson aye Motion passed: 5-0 Item # 26. Adiournment. There being no further business, the meeting was adjourned at 8:33 P.M. APPROVED THIS 13hh DAY OF MAY 2025. - 14. Jesse Néison, Mayor ATTÉST: lucku EML Vickie Gainer, City Manager prepared by Cicelia Rushing