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City Documents: Unapproved Minutes of City Commission Meeting 11/15/05
November 18th, 2005

City Documents: Notice of Quasi-Judicial Hearing
November 1st, 2005

City Documents: Minutes of City Commission Meeting 10-18-05
November 1st, 2005

City Documents: City Seeks Paving Bids
October 25th, 2005

City Documents: Notice of Quasi-Judicial Hearing
October 25th, 2005

City Documents: Notice of Proposed Ordinance 395 Enactment
October 21st, 2005

City Documents: Notice of Proposed Ordinance 394 Enactment
October 21st, 2005

City Documents: City Commission Meeting Agenda
October 13th, 2005

City Documents: Notice of Quasi-Judicial Hearing
October 12th, 2005

City Documents: Commission Meeting Minutes, Oct. 4, 2005
October 7th, 2005

City Documents: Notice of Quasi Judicial Hearing
September 27th, 2005

City Documents: Notice of Public Hearing
September 20th, 2005

City Documents: Minutes of City Commission Meeting
September 16th, 2005

City Documents: City Commission Agenda September 20, 2005
September 14th, 2005

City Documents: Notice of Hearing
September 6th, 2005

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Unapproved Minutes of City Commission Meeting 11/15/05

Unapproved Minutes of City Commission Meeting 11/15/05

City Documents

City of Cedar Key
City Commission Meeting
November 15, 2005


1. Invocation and Pledge of Allegiance. Mayor Paul Oliver called the meeting to order at 7:03 PM with the Pledge of Allegiance and a prayer by Commissioner Heath Davis.

2. Roll Call. City Clerk Frances Hodges called the roll. Present: Commissioners Vanessa Edmunds and Pat O'Neal, Mayor Paul Oliver, and Commissioners Sue Colson and Heath Davis; also present: City Attorney David Coffey.

3. Mayor Oliver: Lion's Club Property Proposal. Ms. Ruth Hernandez, representing the Cedar Key Lion's Club, invited the city to consider opening a dialogue with the Club regarding the possible use of the Lion`s Club facility as a community center; she noted that the CRA plan cites the need for a community center and for funding for it. She suggested this would be a win-win situation, in that the city would have a community center, and the Lion`s Club would be better able to meet its area service goals and support community initiatives and programs.
Commissioner Davis said he would like the Commission to ask Ms Jackie Gorman to look into this and bring back a recommendation. Mayor Oliver mentioned that the Lion's Club is under some time pressure, so the investigation process needs be thorough and also to respect the Club`s limited time frame and move as quickly as possible; he noted that there are few other facilities on the island that might house a community center. The Commission asked Ms. Gorman to oversee this process.

4. Second and final reading of Ordinance 394, EXEMPTING CLAM FARMERS AND OTHER COMMERCIAL FISHING AND SHELLFISHING INTERESTS ENGAGED IN AQUACULTURE AND COMMERCIAL FISHING ACTIVITIES FROM THE PAYMENT OF FEE IN LIEU OF PARKING SPACE REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read the title of Ordinance 394. MOTION BY COMMISSIONER HEATH DAVIS TO ADOPT ORDINANCE 394; SECONDED BY COMMISSIONER SUE COLSON. Commissioners Davis and Colson clarified that anyone who has paid the fee can come back and ask for this variance; Mayor Oliver confirmed that the City Clerk is prepared to give refunds as appropriate. Commissioner Davis emphasized that the exemption will be granted on a case-by-case basis, as necessary. ROLL CALL VOTE: AYE – COMMISSIONERS SUE COLSON, HEATH DAVIS, VANESSA EDMUNDS, AND PAT O'NEAL, AND MAYOR PAUL OLIVER.

5. Second and Final Reading of Ordinance 39, PROVIDING FOR THE OPERATION OF GOLF CARTS ON CITY AND COUNTRY STREETS WITHIN THE CITY OF CEDAR KEY IN ACCORDANCE WITH FLORIDA STATUTES SECTION 316.212; CHANGING THE MINIMUM AGE REQUIREMENT FOR DRIVERS FROM EIGHTEEN YEARS TO SIXTEEN YEARS; REQUIRING DRIVERS TO CARRY PICTURE IDENTIFICATION CARDS; ESTABLISHING NOTIFICATION STANDARD TO INFORM DRIVERS OF THE REQUIREMENTS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE AND SEVERABILITY CLAUSE.
The City Attorney read the title of Ordinance 39. MOTION BY COMMISSIONER SUE COLSON TO ADOPT ORDINANCE 39 AS READ; SECONDED BY COMMISSIONER VANESSA EDMUNDS. Commissioner Colson said she has recently seen problems with young and careless golf-cart drivers and urged citizens to call authorities to enforce this ordinance. Commissioner O'Neal asked exactly what an offender would be charged with, and noted that no punishment is referenced in the ordinance. City Attorney Coffey suggested that if the ordinance is approved, the Commission could ask the police chief whether he can write tickets and have them enforced by the county court; Mayor Oliver asked the City Attorney to do this if the ordinance is passed. In response to a question from Ms. Nancy Taylor, Mayor Oliver said the Cedar Key police can ticket violations based on state law. Commissioner Colson noted that the charge would be reckless and dangerous driving. ROLL CALL VOTE: AYE – COMMISSIONERS HEATH DAVIS, VANESSA EDMUNDS, PAT O'NEAL, AND SUE COLSON, AND MAYOR PAUL OLIVER.
6. First reading of Ordinance 397, IMPOSING A LIMITED MORATORIUM FOR SIX MONTHS ON: AMENDMENTS TO FUTURE LAND USE MAP DESIGNATIONS; MINOR REPLATS; DEVELOPMENT OF ATTACHED RESIDENTIAL UNITS; DEVELOPMENT OF A SINGLE STRUCTURE ON MORE THAN TWO COMBINED LOTS; CURB CUTS ON SECOND STREET; HOTEL/MOTEL USE WITHIN RESIDENTIAL AND COMMERCIAL AREAS AS A CONDITIONAL USE; AND, DEMOLITION PERMITS FOR BUILDINGS OLDER THAN 50 YEARS, LOCATED WITHIN THE CITY LIMITS; PROVIDING AN EXCEPTION TO THE ORDINANCE FOR PROJECTS QUALIFYING FOR HISTORIC REHABILITATION TAX CREDIT PURSUANT TO SECTION 47 OF THE INTERNAL REVENUE CODE; PROVIDING A PROCEDURE FOR EXTRAORDINARY HARDSHIP; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read the title of Ordinance 397. MOTION BY COMMISSIONER VANESSA EDMUNDS TO ADOPT ORDINANCE 39 AS READ, WITH ONE CHANGE: STRIKE THE PHRASE "AND COMMERCIAL"; SECONDED BY COMMISSIONER SUE COLSON.
• Committee to propose an amended or new ordinance within 90 days. Commissioner Edmunds said she had the names for this committee, which the Commission moved to appoint at the November 1 meeting: Greg Lang, LPA [Local Planning Agency]; Dr. John Andrews, Historical Review Board; Commissioner Vanessa Edmunds, City Commission; Ms. Doris Hellerman, citizen volunteer. She suggested adding Leah King as Water Board representative.
In answer to a question from Ms. Nancy Taylor about a moratorium on seawalls, City Attorney Coffey said it had been decided that issue had been adequately addressed via modifications to the code.
• Mr. James McCain asked to address the Commission and said he had changed the lot size of a property on Gulf Boulevard without realizing he had to come to the Commission for approval; City Attorney Coffey said in the case of a hardship, the City Commission can approve a replat; Mayor Oliver told Mr. McCain he needs to request a minor replat.
ROLL CALL VOTE: AYE – COMMISSIONERS VANESSA EDMUNDS, PAT O'NEAL, SUE COLSON, AND HEATH DAVIS, AND MAYOR PAUL OLIVER.

7. First reading of Ordinance 398, AMENDING CHAPTER 2, ARTICLE II, SECTION 2.10.00, OF THE LAWS OF CEDAR KEY; CLARIFYING THE MANAGEMENT PRACTICES OF THE CEDAR KEY CEMETERY; UPDATING FEE SCHEDULE FOR PLOT PERMITS, AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title of Ordinance 398. Mayor Oliver noted that there were potential additions to this ordinance. Commissioner Davis said the memorial garden approved by the Commission has been built to offer another route for people's ashes to be interred in the cemetery; and that he would consult with the City Attorney on fees and rules regarding this change that need to be added to the ordinance. The Commission agreed to have the ordinance brought back for first reading with those changes included.
Commissioner Edmunds left the hall.

8. Final Order: Petition Number 2005-16; Vanessa and Ken Edmunds.
The City Attorney explained Petition #2005-16. MOTION BY COMMISSIONER PAT O`NEAL TO ADOPT THE FINAL ORDER OF PETITION NUMBER 2005-16; SECONDED BY COMMISSIONER SUE COLSON. UNANIMOUSLY APPROVED BY VOICE VOTE.

9. Final Order: Petition Number 2005-17; Cedar Key Properties, Inc.
The City Attorney explained Petition #2005-17. MOTION BY COMMISSIONER PAT O`NEAL TO ADOPT THE FINAL ORDER OF PETITION NUMBER 2005-16; SECONDED BY COMMISSIONER VANESSA EDMUNDS. UNANIMOUSLY APPROVED BY VOICE VOTE.

10. First reading of Ordinance 396, ANNEXATION OF PROPERTY 16751 SW 133RD STREET, LOTS 5 AND 6 OF PINEY POINT OWNED BY DAVID ETHERINGTON.
The City Attorney read the title of Ordinance 396, and reminded the Commission that Mr. David Etherington was to be contacted regarding his intention, if any, to replat the property; he reported that Mr. Etherington said he had no intention to replat but didn't want to be held to this by a written agreement. MOTION BY COMMISSIONER HEATH DAVIS TO DENY ORDINANCE 396; SECONDED BY COMMISSIONER VANESSA EDMUNDS.. ROLL CALL VOTE: AYE – COMMISSIONERS PAT O'NEAL, SUE COLSON, HEATH DAVIS, AND VANESSA EDMUNDS, AND MAYOR PAUL OLIVER.

11. Commissioner Sue Colson: Dock Street/Parking. Commissioner Colson said that flyers about parking are now being distributed on weekends and the rules are now enforceable; she said there will be a parking meeting Tuesday, November 22, at 9AM to deal with the final issues.
Regarding city maintenance, she noted that the Commission had urged, when gas prices went up this summer, that maintenance workers reduce gasoline consumption, which they did: usage in August was 255.3 gal.; September, 205; October, 117.1.
Commissioner Colson said she has assessed equipment in the maintenance compound with Mr. James McCain`s help; several items no longer operate or need to be downsized. Commissioner Colson asked for approval to get rid of equipment that is no longer needed or operable, including the 1992/93 truck, and to put the money into the maintenance line for tools and equipment in the budget; she said she will then return to the Commission with requests for equipment as needed; the Commission agreed.

12. Commissioner Sue Colson: G Street Beach study. Commissioner Colson reminded the Commission that the Department of Environmental Protection had given the city a $25,000 grant in May for a feasibility study to restore the G Street beach area, from the Faraway Inn to Island Place, to its prior condition. She said landowners whose property abuts the beach were all notified; meetings were held with attention to DEP guidelines; and three applicant firms had been extensively reviewed and ranked by the landowners. The landowners ranked C. Olsten first. Commissioner Colson wanted the Commission either to look at the three applicants or to go with the citizen group's decision.
She said the citizens` group wants the scope of work to be considered in two pieces, with the section behind single-family homes deleted if any homeowner opposed the restoration there. The group asked that: the beach should be no bigger than historic size; the appearance should be as unstructured as possible; all owners have a voice and stay involved; and if the work was authorized, First Street homeowners would decide whether or not to opt in.
Regarding the seawall already in place, Commissioner Colson said the seawall would stay; the citizens` group wants to put sand out beyond the seawall the way it used to be and DEP would replace the sand again and again if necessary. Commissioner Davis suggested that this would be an endless process, and that constantly replacing the sand would affect the natural channels in the Gulf.
Ms. Linda Dale said she doesn't think this project is a good idea and doesn't understand how you can restore a beach. Mr. Robert Whitener, a property owner on First Street, said he doesn't think the plan is practical: Putting in white sand would require erosion-inhibiting barriers, and anything that inhibits erosion, he thinks, is worthwhile; however, the more barriers, the more costly the project. He suggested that the most public good might be derived from restoring the beach not behind private property but rather in the public areas. Ms. Nancy Taylor suggested that the project would be biting off more than the city can chew—the sand will erode, move to other areas, and clog things up; she said the project is not a good investment and would cause more problems than it would solve.
Commissioner Davis said the best move for the public good would be to build a seawall outside the rocks and build a sidewalk there. Commissioner Colson said the Commission can defer a decision and the citizens` group can have another meeting to which Commissioners can come. Commissioner O'Neal agreed with Commissioner Davis and Mr. Whitener as to concentrating on the public areas along the shore. Ms. Maggi Funchion supported the feasibility study because it can help us understand the erosion issue in Cedar Key. Commissioner Colson noted that the grant was only for the feasibility study and that in other areas of the state, DEP-supported feasibility studies and the work resulting from them have helped. She said, before the project is completely dismissed, she would be glad to defer this item and item #13 on the agenda and have a meeting noticed about the beach again to inform all parties.

13. Commissioner Sue Colson: Contract authorization for replacement sand at the City Park. Deferred, to be discussed as a single topic with item #12 at the planned G Street Beach Restoration meeting.

14. Commissioner Sue Colson: Report on multifamily docks/shellfish waters. Commissioner Colson said a problem with multifamily docks has just become clear; the Aquaculture Board recently met with City Attorney Coffey, Greg Lang, and Mr. Stephen Heil from the Department of Agriculture regarding an issue critical to clam farmers and oystermen. As background, she said the FDA runs all shellfish waters and checks Florida's implementation of a plan for shellfish waters, which the FDA did in Cedar Key last month. She said that marinas can cause problems with shellfish waters because they create the automatic closure of a buffer zone; she displayed maps that showed that Cedar Key had managed in the last year to shrink the prohibited zone for shellfishing and opened up formerly prohibited areas for oystermen. She reported that Mr. Heil said Cedar Key was the only place in the USA that had ever opened water that was once prohibited.
She said the FDA differentiates between "multifamily docks" and "marinas": any dock with 10 boat slips on one property is termed a marina, even if the slips are never used or boats never tie up there, based on the threat of what could happen if 10 boats docked there. She said that there's a limit to how many marinas Cedar Key can have without losing what we have gained and again extending the buffer area; we're reaching a limit in certain areas and have reached the max—buildout— in one quadrant. If another multifamily dock goes in there, it could jeopardize Scale Key for oystering.
Commissioner Colson said she hoped the LPA could meet and consider this a priority and see how to limit docks with more than 10 slips; she said Mr. Stephen Heil from the DOA would meet with them. LPA chair Mr. Greg Lang agreed this is a priority and said such protection of shellfish waters would be completely consistent with current Cedar Key law and the direction the city is going. Mayor Oliver directed Mr. Greg and the LPA to look at the issue, consider it a very high priority, and tell the Commission what is needed. In response to a query from Ms. Nancy Taylor, City Attorney Coffey said with additional documentation the Commission could adopt a moratorium on multifamily docks, but the Commission`s intent seems to be for the LPA to draft a land development regulation that would govern this area; by state law the issue must go through the LPA first. Commissioner Colson noted that multifamily docks are not common (condos are the entities that have these docks), and that single-family docks are not a problem.
 City Hall landscaping. In answer to a question from Commissioner Davis, Commissioner Colson said the landscaping committee responsible for landscaping public areas has met and is at work, and she hopes to report on it at the next Commission meeting.

15. Commissioner Pat O'Neal: Marina Update. Commissioner O`Neal said the lessee of Dock #1 has not made necessary repairs to the dock and is also in arrears on his lease payments for three boat slips in the amount of $1129.92. Commissioner O'Neal has sent a letter notifying the lessee that the dock will be considered abandoned for his failure to repair it and that he has 15 days to catch up his rent on the boat slips that terminates on November 17. MOTION BY COMMISSIONER HEATH DAVIS TO AUTHORIZE COMMISSIONER PAT O`NEAL AND CITY ATTORNEY DAVID COFFEY TO TAKE THE STEPS NECESSARY TO TERMINATE MR. HARRISON`S LEASES; SECONDED BY COMMISSIONER SUE COLSON. UNANIMOUSLY APPROVED BY VOICE VOTE.

16. Commissioner Pat O'Neal: Movie update. Commissioner O`Neal said the film company has changed the filming at the Cedar Key library to the third week in January.

• Additional comment on Item #15. Mayor Oliver noted that the Commission is pressing so hard on the dock lease because the damaged dock presents an extremely dangerous situation and the lessee has made no attempt to fix anything. City Attorney Coffey asked for clarification, noting that the Commission has determined that Dock #1 has been abandoned and can therefore terminate the lease, but the termination of the leased boat slips for failure to pay cannot occur until November 17; the question is whether the Commission intends the lease on the abandoned dock to be terminated now, and the leases on the boat slips to terminate if there is a failure to pay by November 17. The Commission agreed that this was its intent.

17. LPA Seat #4 term has expired; appointment is needed.
MOTION BY COMMISSIONER HEATH DAVIS TO REAPPOINT THE PERSON IN SEAT #4 (MR. GREG LANG) FOR ANOTHER TERM. SECONDED BY COMMISSIONER VANESSA EDMUNDS. UNANIMOUSLY APPROVED BY VOICE VOTE.


18. Due to the resignation of LPA member Kevin Flynn, Seat #3, an appointment is needed by 1/6/06. LPA chair Greg Lang said he doesn`t feel he should make a recommendation and, in response to a question from Mayor Oliver, said he knew of no one willing to serve. Mayor Oliver asked Commissioners to identify interested people who would do a good job on the LPA, and said this would be an agenda item for the December meeting. Ms. Nancy Taylor recommended Margie Van Landingham for consideration.
• December meeting schedule: Mayor Oliver said he would like to have only one Commission meeting in December, combined with a CRA meeting.

19. Discussion of whether to readvertise for reconsideration of Ordinances 390, 391, 392, pertaining to amending the City of Cedar Key Comprehensive Plan, Land Use Element, changing the future land-use designation from conservation to low-density residential. City Attorney Coffey reviewed the Commission's request to discuss these land-use amendments before these would be advertised and placed on the Commission`s agenda, with the December 6 meeting a possibility—that is, the Commission is making a decision whether to reconsider its action. Commissioner Edmunds asked that before the Commission rehear, she would like the properties marked so that she can see them; she agreed that having Building Official Bob Niffenegger show her the properties would suffice.
In answer to a question from Ms. Linda Dale, Mayor Oliver said the Commission is contemplating reconsideration because some commissioners weren't sure they understood all the associated facts or whether their votes had been appropriate
MOTION BY COMMISSIONER VANESSA EDMUNDS TO RECONSIDER ORDINANCES 390, 391, and 392; SECONDED BY COMMISSIONER PAT O`NEAL. In response to a question from Ms. Nancy Taylor, City Attorney Coffey explained that the matter is still in litigation; the city has some limited insurance coverage, and there's some potential liability on the part of the city—but that a reconsideration of a comprehensive plan amendment, as here, needs to occur on the merits: It should never be based on any litigation that might be pending but must deal strictly with the appropriateness of the request under the comprehensive plan.
Commissioner Edmunds explained that she had voted after reviewing all the paperwork on the ordinances but that she was left with a number of questions; after interviewing a number of parties, she felt she needed to take another look at the property itself and so brought up the question of reconsideration. APPROVED BY VOICE VOTE, WITH COMMISSIONER HEATH DAVIS OPPOSED.

20. Discuss makeup of Historic Preservation Board and determine whether to remove the Building Official from the list of board members. City Attorney Coffey said the city's land development code calls for the Building Official to serve as chairman of the Historic Preservation/Architectural Review Board, which puts the Building Official in the position of reviewing and acting upon a request for Certificate of Appropriateness and then bringing it before the Commission as the Building Official. He said the Architectural Review Board has recommended Ordinance #384 be revised to remove the requirement that the Building Official chair the board. The Building Official could still run the board meetings, if that is preferred, but not act as chair. In that case, the ordinance would now have the board chair elected by the board members. He said he would recommend, with the board, that the language be modified as recommended in the draft ordinance. MOTION BY COMMISSIONER SUE COLSON TO ACT ON ORDINANCE 384 ON FIRST READING: AN ORDINANCE OF THE CITY COMMISSION OF CEDAR KEY, LEVY COUNTY, FLORIDA, AMENDING CHAPTER 4, ARTICLE 11, SECTION 11.0301, LAWS OF CEDAR KEY, DELETING REQUIREMENT THAT THE HISTORICAL PRESERVATION/ARCHITECTURAL REVIEW BOARD BE CHAIRED BY THE PLANNING AND DEVELOPMENT ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE; SECONDED BY COMMISSIONER PAT O`NEAL.
ROLL CALL VOTE: AYE – COMMISSIONERS SUE COLSON, HEATH DAVIS, VANESSA EDMUNDS, AND PAT O'NEAL, AND MAYOR PAUL OLIVER.

21. Administrative Issues: City Clerk. Commissioner O'Neal suggested in the future scheduling quasi-judicial hearings at a different time or earlier, rather than at the end of Commission meetings.
Mayor Oliver called for a 10-minute break.

22. Quasi-judicial Hearing: Petition 2005-19; applicant, Jahn McCumbers, Petition for a Minor Replat; Location: 1010 Whiddon Avenue. City Attorney Coffey swore in those planning to testify in either hearing. Building Official Niffenegger introduced the petition. Applicant Ms. Jahn McCumbers asked for a minor replat for financial hardship reasons. She said the buyer wants to improve the property and maybe put a raceway on it.
Building Official Niffenegger read from his November 3, 2005, memo to the Commission and said he believes the petition meets the requirements of the land development regulations. Commissioner Colson asked for assurance that the larger lot in the petition cannot be redivided; Building Official Niffenegger said this could later be requested but that the Commission doesn`t have to approve it. Commissioner Davis had the same concern; Building Official Niffenegger said any future request would be under development review, which would give the Commission control.
Mayor Oliver closed the quasi-judicial proceedings; there was no public comment. City Attorney Coffey clarified that under the applicable ordinance, the Commission first needs to find that there's a hardship; if there is, then the Commission can take action on the minor replat.
MOTION BY COMMISSIONER PAT O`NEAL TO HEAR THE REQUEST FOR FINAL REPLAT BASED ON THE FINDING OF HARDHIP FOR MS. MCCUMBERS; SECONDED BY COMMISSIONER HEATH DAVIS. UNANIMOUSLY APPROVED BY VOICE VOTE. Mayor Oliver directed the commissioners to proceed with their finding of facts, 9:07 PM. Mayor Oliver reconvened the hearing at 9:09 PM. BASED ON THEIR FINDINGS OF FACTS, COMMISSIONERS HEATH DAVIS, VANESSA EDMUNDS, PAT O`NEAL, AND SUE COLSON, AND MAYOR PAUL OLIVER VOTED TO SUPPORT THE MINOR REPLAT AND GRANT PETITION #2005-19. City Attorney Coffey said a final order will be prepared for the Commissioners` approval at the December 6 Commission meeting.
Commissioner Heath Davis excused himself from the meeting.

23. Quasi-judicial Hearing: Petition 2005-18; applicant, David Lockhart, Petition for Certificate of Appropriateness for construction of a single-family residence in the historic district; Location: Block 11, Lot 7. Building Official Niffenegger introduced the petition, said the Architectural Review Board had voted in its favor 2-1, and commented that he didn't see the building`s height of close to the allowable maximum of 32 feet as a problem. In response to a question from the Commission, Building Official Niffenegger confirmed that the recently passed moratorium on curb cuts means the section of the petition relating to a curb cut is denied. Petitioners Edward and Beverly Pivacek said they were hoping for an easement through the back since no curb cut can be done. City Attorney Coffey explained that a Certificate of Appropriateness is needed for any new construction in the historic district; speaking for Commissioner Davis, he suggested that Ms. Jackie Gorman on behalf of the CRA work with the owners to see if an easement could be arranged for rear access so they can park under the buildings. Commissioner Edmunds asked about the building`s height; it will be 45 feet above the ground. The petitioners pointed out that they have to start building at 17 feet, so essentially it's a 2-story building but the height of a 3-story building.
Mayor Oliver closed the quasi-judicial proceeding and opened the floor to public comment. Ms. Nancy Taylor said she feels Second Street structures should not be higher than 32 feet total, which would mean a 1-story building; she suggested that people who want a bigger house should buy a bigger lot. Building Official Niffenegger said the building is within the land development regulations; the Commission is to decide in this hearing only whether the building's appearance is acceptable.
Mayor Oliver directed the commissioners to proceed with their finding of facts at 9:31 PM and reconvened the hearing at 9:35 PM. Commissioner Colson found the building meets all the requirements and voted for the Certificate, with no curb cut and no garage entry from the front. Commissioner Edmunds thought the building was too high but found that it fell within the land development regulations. BASED ON THEIR FINDINGS OF FACTS, COMMISSIONERS SUE COLSON, VANESSA EDMUNDS, AND PAT O`NEAL, AND MAYOR PAUL OLIVER VOTED TO GRANT THE CERTIFICATE OF APPROPRIATENESS FOR PETITION #2005-18. City Attorney Coffey said the final order will be prepared and available at the December 6 meeting and noted he had asked the applicant to resubmit the plan showing no vinyl materials will be used and the shark will be made to look more like a shark, so the changes can be attached to the final order.
MOTION BY COMMISSIONER PAT O`NEAL TO ADJOURN THE MEETING; SECONDED BY COMMISSIONER SUE COLSON. UNANIMOUSLY APPROVED BY VOICE VOTE. Mayor Oliver adjourned the meeting at 9:40 PM.

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Mayor/Commissioner


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City Clerk

Prepared by Bobbe Needham

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