City of Cedar Key
City Commission Meeting
October 18, 2005 1. Invocation and Pledge of Allegiance. Mayor Paul Oliver called the meeting to order at 7:04 PM with the Pledge of Allegiance and a prayer by Vice Mayor Heath Davis. 2. Roll Call. City Clerk Frances Hodges called the roll. Present: Commissioners Sue Colson, Heath Davis, Pat O'Neal, and Vanessa Edmunds and Mayor Paul Oliver; also present: City Attorney David Coffey. 3. Linda Seyfert: Review extension of east end of 7th Street. Linda Seyfert said that Building Official Bob Niffenegger had reviewed the information regarding her land at the east end of 7th Street, parcel #08692-000-0 and identified some problems associated with the previously proposed easement. Ms Linda is concerned about the lack of fire truck access for three interior lots; she feels this lack would jeopardize the entire neighborhood`s safety. She suggests the city also consider existing deteriorating road conditions and the possibility of moving three cedar trees at the bottom of the road to allow fire truck access, with the building official`s approval. Such access, she said, would not encroach on the marsh or wetlands. She is now requesting access to three lots from the west end of 7th St.
Commissioner Colson said the road should support a fire truck, as it has supported an equally heavy dump truck and that the traffic density should be about the same as on 8th Street. In answer to Mayor Oliver, Ms. Linda said they would not be seeking a variance for lot size in the future. Concerning the cedar trees, she said the building official will need to determine if the existing space at the base of lot #17 is wide enough for a fire truck; if not, she requests the city relocate the trees, but she hopes not to disturb the trees at all. In answer to questions from Ms.Lia King, Ms. Linda said that 7th St. will remain a dead-end road and that who will pay for the work remains to be determined.
Mr. Bob Treat said the proposed road extension lies in the protected zone under the city`s Land Development Regulations, that filling in of the wetlands would be required to build the extension, and that LDR 501032 prohibits such dredging or filling. He suggested that the proposed road provides no turnaround and that the soil there now will not support the passage of a fire truck. He congratulated Ms. Linda on trying to develop the lots intelligently and asked the commission and the city to work with her to develop solutions that will protect the environment and the environmentally sensitive plants that are threatened by the current proposal.
City Attorney David Coffey backed up Mr. Treat`s suggestion, proposing a discussion between himself and the building inspector to see if the code could be interpreted to resolve the issue without encroaching on the protected zone.
Mr. Jay Myers expressed concern about increased vehicular traffic through 7th St. or any other unused or dormant street. He suggested hiring a traffic safety engineer to look at such streets in the city to look at the impact of increased traffic and see what safeguards are needed to bring these streets back into play. Mr. Joseph Hatin asked the Commission to consider allowing a group of volunteer citizens impartial to this the issue of street ends to look at the problem. Ms. Colleen Myers urged Commissioners to be sure whatever work is done on 7th St. be done right; otherwise no fire truck will be able to navigate the street. Mr. Treat suggested that many positive solutions are possible working from the E St. side of the land parcel.
Commissioner Davis suggested maybe Bob Treat and David Coffey could get a survey done if they need to; maybe Sue Colson could work with them
The Commission agreed to ask Building Official Niffenegger, City Attorney Coffey, and Commissioner Colson to get together and establish what the best approach is and to make sure it`s something Ms. Linda Seyfert and Mr. Chris Reynolds want to proceed with, then bring a recommendation back to the Commission. 4. Letter of request from David Etherington to annex property located at 16751 SW 133rd St., Cedar Key, known as Lots 5 and 6 of Piney Point; Tax Parcel #00424-009-00. Mayor Oliver read the letter of request; MOTION BY COMMISSIONER PAT O`NEAL TO ANNEX THIS PROPERTY; SECONDED BY COMMISSIONER HEATH DAVIS.
Commissioner Davis expressed concern over large lots like this one being subdivided. Ms. Lucille Rogers said that deed restrictions on those lots prevent subdivision. City Attorney Coffey said that if the motion passes, he will prepare an ordinance and can also provide information relating to annexation and to Commissioner Davis`s concerns. MOTION UNANIMOUSLY APPROVED BY VOICE VOTE. 5. Second and final reading of Ordinance 388. City Attorney Coffey read out the ordinance title and pointed out that the ordinance had been tabled at the last meeting for changes in language to better reflect the purpose of the change in the land-use designation; he then read out the revisions. MOTION BY COMMISSIONER HEATH DAVIS TO ADOPT ORDINANCE 388; SECONDED BY COMMISSIONER VANESSA EDMUNDS.
Commissioner O`Neal said the Commission had received a letter from Roy Brennan asking that lot #10 be removed from the ordinance. After further discussion, City Attorney Coffey reminded all present that all the property involved in the ordinance had been reviewed and evaluated by professional planning staff and the recommendation was that all the property meets the criteria for designation as residential, not conservation. ROLL CALL VOTE: AYE – COMMISSIONERS HEATH DAVIS, VANESSA EDMUNDS, PAT O'NEAL, SUE COLSON, AND MAYOR PAUL OLIVER. 6. First reading of Ordinance 394. Mayor Oliver read out the title of the ordinance. City Attorney Coffey explained that the LPA determined that the parking required for those engaged in aquaculture, as named in the ordinance, occurs mostly in off-peak periods when there is little demand for parking, and the LPA recommended the Commission could grant the exemption following further investigation. City Attorney Coffey read out a proposed new Section 6.03.05 to be added to Chapter 4, Article VI, Laws of Cedar Key. He said that before a requested exemption may be granted, a quasi-judicial hearing must be held for the presentation of adequate evidence and testimony that the request will neither result in a parking problem nor exacerbate an existing parking problem within 500 ft. of the property.
Mayor Oliver passed the gavel to Vice-Mayor Edmunds. MOTION BY COMMISSIONER PAUL OLIVER TO APPROVE ORDINANCE 388 ON THE FIRST READING AND TO INCLUDE IN IT THE REIMBURSEMENT OF THE ONE OR TWO INDIVIDUALS WHO HAVE PAID PRIOR TO THIS BEING ENACTED, ASSUMING IT`S GOING TO BE, WHO SHOULD BE SUBJECT TO THE SAME HEARINGS THAT FUTURE APPLICANTS WILL BE SUBJECT TO; SECONDED BY COMMISSIONER HEATH DAVIS.
City Attorney Coffey clarified that the intention of the motion is not to amend the ordinance but to approve it with the understanding that this issue will be dealt with. ROLL CALL VOTE: AYE – COMMISSIONERS PAT O'NEAL, SUE COLSON, HEATH DAVIS, PAUL OLIVER, and VICE MAYOR VANESSA EDMUNDS. 7. First reading of Ordinance 395. City Attorney Coffey read out the title of the ordinance and reminded the Commission that at the last meeting it was suggested requiring a driver`s license to drive a golf cart in Cedar Key, but the relevant version of the statute signed by the governor says that such city ordinances "must apply only to an unlicensed driver." The ordinance prepared tries to be both enforceable and consistent with the state statute, requires golf-cart drivers to be 16 and to have a picture I.D., either a driver's license or another such I.D. issued by the State of Florida. He read out the modifications to the ordinance on the books. Drivers must have official proof that they are age 16. Golf carts are now authorized on all city or county streets in the city, but not on SR24 without DOT authorization; driving with a revoked driver`s license is prohibited; renters of golf carts must have information about these laws; and the city needs to post signs that make it clear that golf carts are allowed on the streets.
MOTION BY COMMISSIONER PAT O`NEAL TO ADOPT ORDINANCE 395, CHANGING SUBSECTION I TO $50,000/PERSON AND $100,000/INCIDENT FOR LIABILITY, STRIKING THE UMBRELLA CLAUSE; SECONDED BY COMMISSIONER VANESSA EDMUNDS. In answer to questions from the Commission, City Attorney Coffey said he would meet with the police chief to see if he will be able to issue tickets for moving violations by golf-cart drivers and would see about the legality of a fifteen-year-old with a learner`s permit driving a golf cart with a parent aboard. ROLL CALL VOTE: AYE – COMMISSIONERS PAT O'NEAL, SUE COLSON, HEATH DAVIS, VANESSA EDMUNDS, AND MAYOR PAUL OLIVER. 8. Street paving project update. Building Official Niffenegger said the cost of paving is slightly higher than in 2001 but the specs are otherwise basically the same. Commissioner Davis suggested a contract be completed with the contractor hired, with special attn to #2 on the Invitation to Bid and including a date of completion. Discussion of paving Jernigan Avenue ended with Building Official Niffenegger assuring Commissioner Colson that the tree in the turnaround would stay. Commissioner Davis asked the City Clerk to advertise for bids.
9. Commissioner Sue Colson: Maintenance and Dock Street/Parking Project updates. Mayor Oliver announced that item #9 was deleted. 10. Commissioner Vanessa Edmunds: Presentation of Levy County owned and maintained streets inside the CRA District for input on priority in phased takeover addressed in the interlocal agreement with Levy County. Commissioner Edmunds said she had been working with Levy County commissioner Lily Rooks to come up with an Interlocal Agreement Proposal regarding road resurfacing. Commissioner Edmunds read out the sections of the proposal, which cover ownership and maintenance through 2008, noting that LCR 470, Whiddon Ave., will be top priority for 2006. She said Commissioner Rooks wants to know what the city wants her to pursue with the county, and a question remains about what to do with Dock St. and the airport, which costs the county about $100,000/year.
Commissioner Davis said there are some conflicts between the county-provided map and the city`s map about what belongs to the county in the downtown area, and that a copy of the map Lee Mills provided about five years ago that shows county-owned areas to Commissioner Edmunds to take to the next meeting with Commissioner Rooks. He also pointed out that the school owns the property underneath the road that runs in front of it and that the Commission should talk to the school about plans for that road before the county quitclaims their property. Commissioner Edmunds noted that City Attorney Coffey hasn`t reviewed the proposal yet.
Commissioner Davis suggested trying to find a reasonable middle ground for the agreement, for example, allowing the county to set standards on a street-by-street basis and the city meeting those standards, while the county would continue to own a road and maintain it even after the CRA funds are depeleted. Commissioner Colson said that she agrees in essence with these points, but in her heart would like to see the city belong to Cedar Key, not to the county.
Mayor Oliver asked Commissioner Edmunds to take the Commission`s direction to the county: Dock St. will remain in the category with the airport and the airport bridge; the City Commission will pursue the Interlocal Agreement regarding the other streets; and the last to be dealt with will be G St., 1st St., and the airport. Commissioner Davis pointed out that the Commission also needs to consider the aging infrastructure under the streets which is eventually going to need replacing. Mayor Oliver said the timing of repairs needs to be coordinated with the water board. RECESS, 8:49–9:02. Administrative Issues
1. Purchase agreement for Hodges lots. City Attorney Coffey said, based on a question at the last Commission meeting, that the city could purchase the additional two lots on Hodges the Cedar Key Aquaculture Association is buying with federal funds to provide parking for clammers, should the Association ever decide to sell them. It would require an agreeement between the city and the CKAA to allow the city the right of first refusal to purchase the property at fair market value at the time of the sale; the federal government will then receive fair market value as a refund of monies spent in the original CKAA purchase. The seller of the third lot says it is available at the same price the other two are each being sold for, $125,000, a price supported by an independent appraisal. City Attorney Coffey asked if the Commission wanted him to prepare a purchase agreement for this seller, who is willing to hold a note until the city is prepared to pay the full cost, at least until January 2006. MOTION BY COMMISSIONER HEATH DAVIS FOR CITY ATTORNEY DAVID COFFEY TO PREPARE SUCH A PURCHASE AGREEMENT; SECONDED BY COMMISSIONER SUE COLSON. MOTION UNANIMOUSLY APPROVED BY VOICE VOTE.
2. CRA Director Jackie Gorman. Mayor Oliver said Ms. Jackie Gorman will arrive October 24 and he`d like the Commissioners to allow him to talk with people in City Hall to find a temporary space for her. The Commissioners agreed. QUASI-JUDICIAL HEARING: Petition # 2005-17, Petition for Development Review Building Official Niffenegger introduced the petition and said there were no affected parties to be heard. City Attorney Coffey swore in those who would be testifying. Randy Klein, an Ocala attorney, introduced himself and said that he and Dirk Leeward and their spouses are the owners of the property in the petition and have submitted a plat consistent with the city`s Land Development Regulation. In answer to Commissioner O`Neal, he said there is a total of .73 acres above the mean high-water mark and that no trees need to be removed.
Building official Niffenegger showed the Commission a survey map of the Daugherty Marsh Subdivision and said he believed the plans comply in all respects w our code. He read aloud his September 21, 2005, memo to the Commission and said he recommends approval of the three lots.
Mayor Oliver called for public comment. Ms. Lea King said she was speaking as a private citizen and wanted to go on the public record that if the Commission continues to allow owners to split larger pieces of property, the city is going to run up against the limits of the wastewate infrastructure. Commissioner Davis asked the petitioners as a favor to reconsider and ask for division into two lots instead of three.
Mayor Oliver instructed the Commissioners to start their deliberations at 9:16 PM. The City Commission meeting reconvened at 9:26 PM. Commissioner Edmunds said she had spoken with Building Official Niffenegger, who said that the proposed lots would have to match the lot size of any adjacent subdivision. City Attorney Coffey pointed out that the Commission could not consider any issues not presented in testimony and would have to go back into a quasi-judicial hearing so that the building official could introduce any new information. Building Official Niffenegger asked the Commission to postpone the hearing until he has ascertained the size of the lots in adjacent subdivisions. MOTION BY COMMISSIONER HEATH DAVIS FOR POSTPONING A DECISION UNTIL ALL FACTS ARE AVAILABLE; SECONDED BY COMMISSIONER COLSON.
Commissioner Davis added to his motion a recommendation to TABLE THE MATTER UNTIL NOVEMBER 1, 2005 MEETING. MOTION UNANIMOUSLY APPROVED BY VOICE VOTE; SECONDED BY COMMISSIONER SUE COLSON. MOTION UNANIMOUSLY APPROVED BY VOICE VOTE.
Commissioner Edmunds asked if the Commission could put the issue on the agenda for further discussion. City Attorney Coffey said it could probably not be scheduled for reconsideration until December 1 but that he will work to move it onto the agenda as quickly as possible. Adjournment. MOTION TO ADJOURN BY COMMISSIONER PAT O`NEAL; SECONDED BY COMMISSIONER HEATH DAVIS. PASSED UNANIMOUSLY. The meeting was adjourned at 9:42 PM.
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Mayor/Commissioner
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City Clerk Prepared by Bobbe Needham |
