Dedicated to Excellence. People Serving People www.panamacity-fl.gov MINUTES CITY OF PANAMA CITY CITY COMMISSION MEETING OCTOBER 9, 2018 8:00 AM 1. Opening Prayer with Associate Pastor and Minister of Education, David Flatt of the First Baptist Church of Panama City. 2. Pledge Of Allegiance To The Flag. 3. Roll Call And Approval Of Minutes for the September 25, 2018 City Commission meeting. City Clerk Darlene Hachmeister called the roll with the following members present: Mayor Greg Brudnicki, Commissioners Billy Rader, Mike Nichols, Jenna Haligas and Kenneth E. Brown,. Also present: City Manager Mark McQueen and City Attorney Nevin Zimmerman. Commissioner Rader moved to approve the minutes for the September 25, 2018 City Commission meeting. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. 4. Mayor's Report 4.a. St Andrews Wastewater Treatment Facility Construction Update. Item 4a was postponed. 4.b. Notice of appointments to the Downtown Improvement Board. Commissioner Nichols moved to reappoint Jane Lindsey and to appoint Daryle Burkey to the Downtown Improvement Board. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. 5. City Attorney 5.a. Consideration of a $45,000 Short Term Loan to the Bay County Artificial Reef Association. Commissioner Nichols moved to approve a $45,000 Short Term Loan to the Bay County Artificial Reef Association. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. 1
5.b. Claims and Litigation Review Presentation by Cliff Higby of Bryant, Higby & Barr Chartered. Cliff Higby of Bryant, Higby & Barr Chartered discussed two matters, the Jenks Avenue widening AT&T litigation and possible action against ZHA. The AT&T case has removed the case to Federal Court and AT&T has asked for an early mediation on November 14, 2018. He feels this is an indication of a positive outcome. Mr. Higby referenced a letter he provided to the Commission with his suggestions regarding the City Hall Construction project with ZHA. Attorney Zimmerman explained that if the Commission chooses, they can give notice to ZHA that they are in default in the contracts with the City and authorize Bryant and Higby to continue their evaluations. The amount of damages are currently unknown. Mr. Higby explained that the damages are substantial. Commissioner Nichols noted that the City added some items to the initial amount of money and that the total amount needs to be evaluated. Mr. Higby explained that until September 2017, ZHA continued representing to the City that a four million dollar move in was an option and they had completed work to support it. Neither was true. Attorney Zimmerman gave a timeline of dates with the option of a four million dollar move in. During January 2018 it became evident that the guaranteed maximum price was not an option. Commissioner Nichols moved to proceed with the claims and litigation regarding AT&T and place ZHA in default. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. 5.c. Report on Downtown Marina Hotel Discussions. City Attorney Zimmerman read a letter from St. Joe that says they are gathering information as they said previously and hope for success in the Downtown area. 6. Unfinished Business 6.a. Final Reading of Ordinance 2664 Allowing Golf Carts in Venetian Villa. Commissioner Rader moved to approve Ordinance 2664 Allowing Golf Carts in Venetian Villa. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. The Ordinance was read as a final reading by title only, as shown below: ORDINANCE NO 2664 AN ORDINANCE OF THE CITY OF PANAMA CITY AMENDING ORDINANCE NO. 2654, AN AMENDMENT OF ORDINANCE NO. 2570, WHICH AMENDED ORDINANCE NO. 2518, AMENDING ARTICLE VII, CREATING SECTIONS 22-400- 408, ALLOWING GOLF CARTS IN VENETIAN WAY SUBDIVISION, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR THE SEVERANCE OF ANY PART OF THIS ORDINANCE DECLARED INVALID AND PROVIDING FOR AN EFFECTIVE DATE. 2
7. Consent Agenda 7.a. One Harrison Food - Wine Festival 2018 on November 2 & 3, 2018 from 5:30pm - 9:30pm located in the grassy area behind 9 Harrison Avenue, Panama City. 7.b. FSU Torch Run - Florida State Homecoming on October 19, 2018 from 6:00pm - 7:30pm located at FSU Panama City. 7.c. First Baptist Church Fall Festival/Block Party on October 28, 2018 from 4:00pm - 6:00pm located at 640 Grace Avenue. 7.d. Veterans Day Parade on November 12, 2018 from 9:30am - 11:30am located at 12th Street, 13th Street and Wilson Avenue. 7.e. Rosenwald Alumni Parade on December 21, 2018 from 9:00am - 10:00 am located at Rosenwald. 7.f. Oktoberfest change - Historic Downtown Block Party on October 20, 2018 from 4:00pm - 10:00pm located at Harrison Avenue. 7.g. Consideration of final payment to Pavement Technology, Inc. in the amount of $16,000 for preventative maintenance of city streets. Commissioner Rader moved to approve all Consent Agenda items. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. 8. City Manager 8.a. Consideration of Emergency Contract for Partners in Performance America in the amount of $35,000. Commissioner Nichols moved to approve the Contract for Partners in Performance America in the amount of $35,000. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. 8.b. Panama City Music Association Request for Reduced Rate at Marina Civic Center. Commissioner Rader moved to approve Panama City Music Association request to waive the rental fees at Marina Civic Center. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. 3
8.c. First reading of Ordinance 2661.1, voluntary annexation of 1.03 acres of property located at 2356 Frankford Ave. ORDINANCE NO. 2661.1 AN ORDINANCE OF THE CITY APPROVING THE VOLUNTARY ANNEXATION OF 1.03 ACRES OF UNINCORPORATED PROPERTY LOCATED AT 2356 FRANKFORD AVE, BAY COUNTY, FLORIDA, INTO THE CITY, AS FURTHER DEFINED HEREINAFTER, AMENDING THE WARDS AND BOUNDARIES OF THE CITY TO INCLUDE SAID LAND AND PROVIDING FOR AN EFFECTIVE DATE. 8.d. First reading of Ordinance 2661.2 amending the Future Land Use Map of the City to reflect a land use designation of Mixed Use for the property located at 2356 Frankford Ave. ORDINANCE NO. 2661.2 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THE CITY TO REFLECT A LAND USE DESIGNATION OF MIXED USE FOR A PARCEL OF PROPERTY LOCATED AT 2356 FRANKFORD AVE, PANAMA CITY, FLORIDA, PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. 8.e. First reading of Ordinance 2661.3 amending the Zoning Map of the City to reflect a zoning designation of Mixed Use-3 (MU-3) for the property located at 2356 Frankford Ave. ORDINANCE NO. 2661.3 AN ORDINANCE ZONING A PARCEL OF PROPERTY LOCATED AT 2356 FRANKFORD AVE, PANAMA CITY, FLORIDA, HAVING APPROXIMATELY 1.03 ACRES, MIXED USE-3, MU-3, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 8.f. First reading of Ordinance 2662.1 amending the Future Land Use Map of the City to reflect a land use designation of Commercial for the property located at 1102 McKenzie Ave. ORDINANCE NO. 2662.1 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THE CITY TO REFLECT A LAND USE DESIGNATION OF GENERAL COMMERCIAL FOR A PARCEL OF PROPERTY LOCATED AT 1102 MCKENZIE AVENUE, PANAMA CITY, FLORIDA, PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. 4
8.g. First reading of Ordinance 2662.2 amending the Zoning Map of the City to reflect a zoning designation of General Commercial 1 (GC-1)for the property located at 1102 McKenzie Ave. ORDINANCE NO. 2662.2 AN ORDINANCE ZONING A PARCEL OF PROPERTY LOCATED AT 1102 MCKENZIE AVENUE, PANAMA CITY, FLORIDA, HAVING APPROXIMATELY 0.191 ACRES, GENERAL COMMERCIAL - 1, GC-1, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 8.h. First reading of Ordinance 2663.1 amending the Future Land Use Map of the City to reflect a land use designation of Mixed Use for the property located at 845 & 847 Mulberry Ave. ORDINANCE NO. 2663.1 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THE CITY TO REFLECT A LAND USE DESIGNATION OF MIXED USE FOR A PARCEL OF PROPERTY LOCATED AT 845 & 847 MULBERRY AVE, PANAMA CITY, FLORIDA, PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. 8.i. First reading of Ordinance 2663.2 amending the Zoning Map of the City to reflect a zoning designation of Mixed Use-2 (MU-2) for the property located at 845 & 847 Mulberry Ave. ORDINANCE NO. 2663.2 AN ORDINANCE ZONING A PARCEL OF PROPERTY LOCATED AT 845 & 847 MULBERRY AVE, PANAMA CITY, FLORIDA, HAVING APPROXIMATELY 1.03 ACRES, MIXED USE-2, MU-2, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 5
9. Addendum: Addendum A: Consideration of Resolution 20181009.1, proclaiming a State of Emergency regarding Hurricane Michael. Commissioner Rader moved to approve Resolution 20181009.1. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. The resolution was read by title only, as shown below: RESOLUTION NO. 20181009.1 A RESOLUTION AND PROCLAMATION OF THE CITY OF PANAMA CITY, FLORIDA, PROCLAIMING THE EXISTENCE OF STATE OF EMERGENCY REGARDING HURRICANE MICHAEL. Addendum B: Consideration of Resolution 20181009.2, authorizing overtime payment for salaried employees. Commissioner Rader moved to approve Resolution 20181009.2. On a roll call vote Commissioners Kenneth E. Brown, Billy Rader, Mike Nichols, Jenna Haligas and Mayor Brudnicki voted YEA. NAYS : None. The City Clerk certified the motion passed by a 5-0 vote. The resolution was read by title only, as shown below: RESOLUTION NO. 20181009.2 A RESOLUTION OF THE CITY OF PANAMA CITY, FLORIDA, AUTHORIZING OVERTIME PAYMENT FOR SALARIED EMPLOYEES REGARDING HURRICANE MICHAEL. 10. Audience Participation Walter P. Henry of 614 Maple Avenue wanted to address the letters received by churches regarding backflow preventers. Mayor Brudnicki said the matter would be addressed at a future Commission Meeting. Commissioner Nichols said the State requires that the updates be made. 11. Adjournment: There being no further business, the meeting adjourned at 8:38am. 6