City of Cedar Key
April 19, 2005
1. Roll Call. Mayor Oliver called the meeting to order at 7:18 pm. Frances Hodges called roll. Mayor Oliver, Commissioners Sue Colson, Ken Daniel, Heath Davis, and Vanessa Edmunds were present. Announcements: Mayor Oliver said that Agenda Number 8 will not be heard tonight. Instead, it will be placed on the agenda at a later meeting. Mayor Oliver said on April 26 a special meeting of the Cedar Key City Commission will be held. The agenda will include a second and final reading of a resolution concerning the election supervisor, the City Clerk. The meeting will be held at 7 p. Mayor Oliver announced that May 3, 2005 is Election Day. The City Commission meeting will not be held. The City Commission meeting will be moved to May 17, 2005. It will be the single meeting for month of May. 2. Tom and Sherry Liebert request to build a dock adjacent to Doug Maple's dock at Park/Marina. Mr. Liebert addressed the City Commission and thanked them for opportunity to come before the City Commission. He requested a permit to build a dock at City Marina and dock area adjacent to proposed dock of Mr. Doug Maple. Mr. Liebert's business is Kayak Cedar Keys. He has been operating for nine months in Cedar Key. He felt that being able to operate along Dock Street would allow him to operate more professionally. He said he is willing to pay cost of building the dock and then turning the dock over to City and leasing it back. He spoke to Kenny McCain about drawing the plans for the construction of the dock. He is willing to conform to the other docks. Commission Daniel asked if the dock would be the same size as other docks. Mr. Liebert said he was hoping the City would grant him a smaller dock. His business does not need the size of other docks. He would be content with a dock as small 12 by 18 feet. He also said if the City Commission was more comfortable with a full size dock, he could go along with that. He said there seems to be a lot of interest in docks and need. His need is not as great as some others. The current lease agreements, subletting is not allowed. He thinks a modification of the lease agreements is a good idea. The primary leasee could be able to sublease to one another person with approval from the City Commission. The City Commission would also have to approve the particular business. He is open to suggestions. Mayor Oliver said he was not personally vote in favor of it until a saw a sketch to scale with existing docks, dock we approved, and your proposed dock. He does not have mental picture of encroachment to beach and other structures. Mr. Liebert said he would be happy to provide the City Commission with sketch drawn to scale. It is necessary for him to be located near kayak launching area. He would like to operate professionally and be in compliance with the City. Commissioner Daniel said he liked the subleasing idea. Mr. Liebert and another dock leasee might be able to reach an agreement. He does not agree with another dock encroaching into the beach area. City Attorney Coffey said there is no legal issue with subleases. The City has discretion in this matter. Commissioner Colson said there were some other angles to pursue. She is not real happy with another dock. There is an area within marina basin that might work for kayaks. She approached Mr. Liebert and the new owners of the Island Hopper. There will be a review of the inner boat basin. Also extending the floating dock with wider width and making that a kayak area is an option. This would bring attention to area and be a usable spot for kayaks. She is not opposed to sublet idea being explored. She would like to see if inner boat basin idea could be explored for about 7 poles for kayaks. Commissioner Davis said he would like to dismiss this now. He would like the involved parties to look at Commissioner Colson's ideas and bring proposal of some type back to the City Commission. Mayor Oliver said his greatest fear is putting kayaks to close proximity to power boats, need to pursue alternatives more aggressively. He recommends dismiss this matter now and for Mr. Leibert to come back to the City Commission with a proposal. Mr. Leibert said he appreciated the willingness to work with this to bring this to a positive conclusion. Commissioner Colson asked if he was on the list to lease a dock. Mr. Leibert said he was number three on the list, but there were more than one list in existence. 3. Resolution Number 260 to adopt Levy County Local Mitigation Strategy and Prioritized List of Project and Initiatives. City Attorney Coffey read the enclosed resolution. He said it was ready for approval on second and final reading. Commissioner Davis motioned to accept Resolution Number 260. Commissioner Edmunds seconded. Roll call vote: Mayor Oliver, Aye. Commissioner Colson, Aye. Commissioner Daniel, Aye. Commissioner Edmunds, Aye. Motion carried. 4. Preliminary Plans-Community Development Block Grant. Commissioner Davis said this agenda item focused on the grant that was discussed last meeting. An architect came to Cedar Key to explore doing preliminary drawings for the project. He received pictures of historic lights. For cost, we would have to put up $2,400. Commissioner Davis said the contract was not at the meeting because it did not make it to Cedar Key in time for the meeting. Commissioner Davis said the Commission could approve the cost and still have time to address the issue in the special meeting next week. He wanted to hear why Commissioner Edmunds voted against the grant. He might want to reconsider the grant. Commissioner Edmunds said, due to the many projects going on, the timing might not be correct for the project. Several citizens came to her and expressed that we have too much going on in the City. This was not a pressing project. Commissioner Daniel said he shared this feeling. Citizen Lucille Andrews said she a hard time understanding how Cedar Key qualifies for the grant unless we tell a white lie. Citizen Holland said if the money is there we should take it. Citizen Lia King said the rate of change is enormous in Cedar Key. Cedar Key does not need it. Citizen Lucille Andrews asked if CRA money could be used to change lights. Lia King asked Commissioner Davis if Fred Fox approached him about the grant. Commissioner Davis said Mr. Fox came to him and he presented the idea. Citizen Lia King said the City should be apprehensive of consultants coming to the City, because that it is how they make their living. A citizen asked why some are opposed to underground utilities. Commissioner Davis said Cedar Key could never have underground utilities because it is located in the v zone. Transformers and certain things in system have to stay elevated. However, some wires can be buried. Commissioner Davis motioned to discontinue this project/grant. Commissioner Edmunds second. Motion carried unanimously. 5. Cemetery Committee. Commissioner Davis recommended that Ms. Alice Cason join the Cemetery Committee. He also said he would like Ms. Mary Mizall to continue as an honorary member. He recommended that surveying flags be put on areas where there are no graves. Mike Perdue then would begin surveying these small areas. Surveying a small portion of land each time will not be such a cost burden. A numbering system will be included in the survey. After the first survey, the City could decide if the expense is satisfactory. Commissioner Davis motioned to the Cemetery Committee as describe and proceed with Cemetery surveying as described. Commissioner Colson seconded. Motion passed unanimously. 6. Chain Link Fence at Park Area. Commissioner Davis apprised the Commission on prices for a chain link fence at the City Park. The price sheets are attached. The fence will be 8 feet high and 75 feet long. It will be coated green. The lowest bid, $1,600, by All Florida Enterprises, is the best offer. Commissioner Davis also said some citizens brought to his attention the area of 2nd street along cedar cove. They are concerned about ball going there. Commissioner Colson said the balls mainly go in street. A fence along this area is not a safety priority. Commissioner Davis motioned to have All Florida Enterprises construct a chain link fence between the basketball goal and 2nd Street. Commissioner Colson seconded. Motion carried unanimously. Citizen Mr. Bruce asked how the City solicited bids. Commissioner Davis said for this project Maggie Funchion contacted any fence builder that did chain link. He was not sure about any other bids. Commissioner Colson noted that was not as much destruction at the City Park. The City Park is more thoroughly inspected and there is a better control presence. 7. Discuss Filling Vacancy on Local Planning Agency. LPA Chair Greg Lang said the City Commission is aware that Jolie Davis resigned from her position on the LPA. Mr. Myers is again seeking to serve no further than end of this year. Mr. Myers would step down earlier if a replacement is found. Mayor Oliver said two citizens have expressed interest in serving on the LPA. They would both be excellent for the positions. Commissioner Davis said Frank Patillo and David Watson have expressed interest in serving on the LPA. Commissioner Edmunds motioned to appoint Frank Patillo to the LPA, pending acceptance of Mr. Myers' resignation and to appoint David Watson to the LPA's in vacant position.
Commissioner Davis seconded. Motioned carried unanimously.
8. Mickey Wieland- Landscape Fill Approval. This item was moved to a later meeting 9. Commissioner Sue Colson- Dock Street Update. Commissioner Colson said there was no formal update for this issue. However, she had a request concerning the new floating dock by 2nd boat launch in inner marina. She would like the Commission to release funding to do the caps and sleeves with PVC. $1,279 would be needed for the project. The Commission agreed that this request was satisfactory. The funding will be released. Commissioner Daniel asked when the welder would be coming for the handrail by the SeaBreeze. Commissioner Colson said the welder would be coming to work on this Thursday and Friday of this week.
10. Administrative Issues. Commissioner Edmunds said the LPA turned over CRA Plan to City Commission. The Commission was given a copy of the recommendations. She wanted to ask the Commission if it could direct the LPA to review the Ordinances She thinks better language is needed. LPA Chair Lang said the LPA could do this. He asked Commissioner Edmunds what specific Ordinances needed better language. Commissioner Edmunds said the Ordinances involving clustering, transfer of development rights, minor replatting needed better language. Mr. Lang said the LPA could review these Ordinances and bring recommendation back to the City Commission. Citizen Mr. Bruce said he was still looking and waiting for an answer for the change of use issue. City Attorney Coffey said he reviewed code and wrote memorandum to the Building Official. Two issues were raised. 1 Whether or not Building Official has authority to require less than 100 percent of submittals. In his interpretation, the Building Official has ability to determine if 100 percent of submittals are required for the situation. City Attorney Coffey said that change of use was explained to him by the Building Official. He said the Building Official said that even when some submittal requirements are reduced, some applicants do not want to submit some info that is required. If citizen is unwilling to submit info, the citizen can challenge the Building Official and bring the issue to the City Commission by filing a petition for a quasi-judicial hearing. City Attorney Coffey said the City Commission could review the code and change it if necessary. The Building Official is behaving properly. A citizen does not have to supply 100 percent of submittal requirements but what the code requires is not something the Building Official can deviate from following. Citizen Paul Rimivitcus said parking spots are $10,000 a piece. Nobody has paid this before. He does not understand why it is being required from him. He has completed all the permit requirements except paying the $10,000 per parking space. He asked how the $10,000 a parking space figure originated. City Attorney Coffey said no formula is specified for the figure. Mayor Oliver suggested that Mr. Rimivitcus petiton to get on the City Commission agenda with a quasi judicial hearing. Citizen Doris Hellerman said she did not understand why it holding someone business up if he has met all permitting requirements. She has seen other Commissions waive all parking requirements. City Attorney Coffey said it is not legal to waive requirements of a code. Commissioner Daniel asked what needs to be done to change the code. City Attorney Coffey said the Commission needs to decide what change needs to be made. The recommendation must come from LPA. Greg Lang said at the next regular meeting parking was on the agenda. The LPA is working through draft ordinance that has relationship to this issue. The LPA will do anything to expedite the process. City Attorney Coffey said, if a fee in lieu is to be authorized, that is not handled not by Building Official. It is handled by the City Commission. He wasn't aware of issue over fee in lieu in parking in this case. The City Commission needs to be asked to determine whether or not to accept fee. In this case, the City Commission should make findings cost of land acquisitions and cost of parking spaces. Based on facts this activity only generates a certain amount of traffic the person may qualify for decreased fee. Mr. Rimivitcus will need to come before the Commission in quasi judicial hearing for this to be determined. Citizen Mr. Bruce said parking was not an issue in his situation. He said his business is not going to impact city parking or state right away. He went to the Building Official in January and has not received a clear statement from him. He received a long form that did not apply to much of his business. He is confused. Mayor Oliver said as administrative liaison, he will discuss Mr. Bruce's case with the Building Offical and get back to him in a couple of days.
Commission Davis motion to adjourn the meeting. Commissioner Colson seconded. Meeting adjourned at 8:35 pm |
