Council legalized backyard chickens (Ordinance 2020-2183, five-bird limit, no roosters), adjusted bulk water and sewer wholesale rates, and rezoned two Orchid Lake Road parcels to light industrial.
23 items on the agenda · 20 decisions recorded
On the agenda
- 1Call to Order – Roll Call▶ 0:00
- 2
Pledge of Allegiance
The council confirmed quorum and conducted the Pledge of Allegiance followed by a moment of silence honoring servicemen and women.
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[00:00:15] Thank you. [00:00:15] We have quorum. [00:00:16] We'll ask everybody to please stand for the Pledge of Allegiance and remain standing for a moment of silence in honor of our servicemen and women at home and abroad. [00:00:23] I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
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- 3
Moment of Silence
The council observed a moment of silence as a procedural opening item.
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[00:00:44] Thank you. [00:00:45] You may be seated.
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- 4
Approval of June 2, 2020 Work Session and Regular Meeting Minutes
approvedCouncil approved the minutes from the June 2, 2020 Work Session and Regular Meeting without discussion.
- vote:Approve the June 2, 2020 Work Session and Regular Meeting minutes. (passed)
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[00:00:49] Next item is approval of the June 2nd work session regular meeting minutes. [00:00:59] Discussion? [00:00:59] Hearing none. [00:01:00] All those in favor, please signify by saying aye. [00:01:02] Aye. [00:01:03] Opposed, like sign.
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- 6
Proclamation - New Port Richey Public Library's 100th Anniversary
approvedMayor Rob Marlowe read a proclamation congratulating the New Port Richey Public Library on its 100th anniversary, recounting its history from the 1919 founding as the Avery Library through its current Main Street location and service to over 16,000 members.
Main StreetNew Port Richey Public LibraryAndyCharles L. FoxDr. Elroy McKendree AveryFred SassGeorge SimsMrs. ManzRichard ConoverRob Marlowe100th Anniversary of New Port Richey Public LibraryAvery Library charter (December 22, 1919)▶ Jump to 1:05 in the videoShow transcriptHide transcript
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[00:01:05] Next, we have a proclamation in the world of social distancing. [00:01:13] Should I do that just from here, Mrs. Manz? [00:01:15] Yes, please, Mr. Mayor. [00:01:18] This is a proclamation of the City of New Port Richey, whereas on December 22nd, 1919, the charter and papers of incorporation for the Avery Library were drawn up due to the efforts and leadership of Dr. Elroy McKendree Avery and a group of civic-minded citizens including Richard Conover, Charles L. Fox, Fred Sass, George Sims, and others. [00:01:38] And whereas responding to the needs of the community with a collection of 1,000 volumes donated by Dr. Avery, the Avery Library became the first library in Pasco County by opening its doors [00:01:48] on April 10, 1919, whereas over the years, the library relocated to five different locations before finding a permanent home at their current location on Main Street in 1991, whereas the library holds a collection of 93,000 resources including 30,173 books and an annual circulation of 371,005 items. [00:02:11] Whereas the library continues to act as a community anchor by expanding its services from meeting the needs of 37 members in April 1920 to now serving the needs of 16,760 members as well as hosting 139,342 annual visitors. [00:02:30] Whereas since 1920, the New Port Richey Public Library has played a vital role in our community and has been a part of the American dream by providing a welcoming place for opportunity, education, self-help, and lifelong learning for residents, now therefore I, Rob Marlow, Mayor of the City of New Port Richey, do hereby congratulate the New Port Richey Public Library on their 100th anniversary and call upon all of the people of New Port Richey to join their fellow citizens in recognizing and participating in this momentous occasion. [00:03:01] And Andy disappeared somewhere. [00:03:08] If you'd come down, I'll give you the proclamation. [00:03:11] I'd like to thank the, it doesn't show as we sit here, but I'd like to thank the library board to be in here and if there's any other besides the library board that, you know, thank you for being here and your time that you're donating to the city.
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- 10.b
Board Re-Appointments: Joan Nelson Hook and Dianne Ayers, Library Advisory Board
approvedCouncil reappointed Joan Nelson Hook to the Library Advisory Board. The second applicant, Dianne Ayers, withdrew her application; council requested a letter thanking her for her prior service.
- motion:Motion to approve the reappointment of Joan Nelson Hook to the Library Advisory Board. (passed)
- direction:Council directed staff to prepare a letter thanking Dianne Ayers for her service on the Library Advisory Board.
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[00:03:26] Thank you. [00:03:30] I have been asked to advance one item up and that would be item, business item 10B, which is the board reappointment of Joan Nesson-Hook to the library advisory board and Mrs. Hook is in attendance. [00:03:55] Move approval. [00:03:56] Second. [00:03:57] Your last chance to run screaming, shouting no. [00:04:00] Mr. Mayor, isn't there a second? [00:04:01] Mr. Mayor. [00:04:01] I'm sorry. [00:04:02] No, the second one withdrew her application. [00:04:08] I'm not aware of that. [00:04:10] City clerk. [00:04:12] OK. [00:04:16] We have a motion and a second. [00:04:17] Discussion? [00:04:19] Hearing none, all those in favor, please signify by saying aye. [00:04:22] Aye. [00:04:23] Opposed, live sign. [00:04:24] Thank you very much, Mrs. Hook. [00:04:26] You know, was Diane on the board? [00:04:30] Yes. [00:04:30] Prior? [00:04:31] Then I'd like to thank her for her service. [00:04:33] She's decided not to continue. [00:04:36] If we could do a letter up to that. [00:04:39] Matter of fact, thank you. [00:04:42] Next item. [00:04:45] Mrs. Hook, can you make it up to the microphone? [00:04:56] Thank you.
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- 7Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda▶ 5:05
- 8.a
Purchases/Payments for City Council Approval
approvedon consentCouncil approved the consent agenda, which included purchases/payments for City Council approval, by unanimous voice vote.
- motion:Motion to approve the consent agenda. (passed)
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[00:07:58] Seeing no one else coming forward, we're going to close Vox Pop. [00:08:02] Next item is the consent agenda. [00:08:05] Move for approval. [00:08:07] Second. [00:08:09] All those in favor, please signify by saying aye. [00:08:12] Aye. [00:08:13] Opposed, like sign. [00:08:14] Motion passes. [00:08:16] Next is public reading of ordinances.
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- 9.a
Second Reading, Ordinance No. 2020-2183: Amendments to Chapter 4 Animal Control RE: Regulations for Chickens
approvedCouncil conducted the second reading of Ordinance 2020-2183, which amends Chapter 4 of the city code to allow chickens in the city subject to regulations: a maximum of five chickens per property, no roosters, required coops/pens, proper maintenance, and prohibition on slaughtering. The ordinance was approved following public comment in support.
Ord. Ordinance No. 2020-2183
- motion:Motion to approve Ordinance 2020-2183 on second reading, allowing chickens in the city with regulations. (passed)
6041 Florida AvenueDelJohn CainMs. ManceMurphyChapter 4 Animal ControlEnvironmental CommitteeOrdinance No. 2020-2183▶ Jump to 8:17 in the videoShow transcriptHide transcript
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[00:08:17] Second reading of ordinance 2020-2183. [00:08:22] This is ordinance number 2020-2183, an ordinance of the city of New Port Richey, Florida, [00:08:27] providing for amendment of chapter four of the New Port Richey Code of Ordinances pertaining [00:08:30] to animal control, providing for regulation of chickens within the city, providing for [00:08:34] a maximum of five chickens on any property, providing for coops, pens, and maintenance, [00:08:38] providing for prohibition of roosters, providing for enforcement, providing for conflict, severability, [00:08:43] and an effective date. [00:08:45] Thank you. [00:08:46] Ms. Mance? [00:08:46] Yes, sir, Mr. Mayor. [00:08:48] As I'm sure you will recall from the discussion that took place at the first reading, the [00:08:54] prohibition on chickens, which was previously in our ordinance, was removed in 2014. [00:09:03] Back in February of 2020, the city had received a good number of complaints from residents [00:09:14] whose neighbors had chickens as pets. [00:09:18] The thought at the time was that we should prohibit chickens from the city limits. [00:09:26] And at that meeting, the direction from the council was that you'd like to see chickens [00:09:34] retained in the city. [00:09:36] And you asked the environmental committee to make a recommendation in that regard. [00:09:41] And they, too, felt that chickens should be allowed in the city. [00:09:46] And so this specific ordinance was crafted for your consideration. [00:09:52] And there were several points incorporated into the ordinance, one being that no rooster [00:09:59] shall be allowed on any property within the city. [00:10:03] Each chicken was to be cooped, was to have some free time in their backyard, which was [00:10:10] to be enclosed, and that all properties would be properly maintained. [00:10:15] We also established a limit of no more than five chickens per resident. [00:10:20] And we asked that they not be slaughtered or processed at all on the properties. [00:10:25] With that being said, the agenda item before you this evening is to conduct a second reading [00:10:32] on the ordinance. [00:10:33] Thank you. [00:10:34] Open it up for public comment. [00:10:41] John Cain, 6041 Florida Avenue. [00:10:44] I think, as you know, this was brought up to the environmental committee. [00:10:47] I was hoping that Del was going to be here. [00:10:48] But since he's not, we reviewed that ordinance. [00:10:52] We thought it was fair. [00:10:54] We thought what you arrived at looked good. [00:10:58] The only thing that come into question was a percentage of maintaining a percentage of [00:11:04] vegetative space, I thought was a little interesting. [00:11:09] We have some backyards now with no chickens that I would love to see a little grass in. [00:11:15] But that's neither here nor there. [00:11:16] But I'm in favor of it. [00:11:19] There have been chickens here for a long time. [00:11:22] If you go to Ybor City, it is a huge tourist. [00:11:27] They love it. [00:11:28] I kind of like it. [00:11:29] I actually like the roosters, to be honest with you. [00:11:31] But I think it's good. [00:11:33] And I hope that we can maintain that. [00:11:36] And in this day and age of uncertainty, where we're going to get food from in the future, [00:11:41] it all falls into our gardening and everything else we do in this city. [00:11:45] That's been a forerunner for a lot of ideas before they're cool ideas. [00:11:50] We're already doing them. [00:11:51] So I think it's great. [00:11:53] Thank you, Mr. Cain. [00:11:54] Anyone else? [00:11:56] Seeing no one else coming forward, I'll bring it back to council. [00:11:59] Move for approval. [00:12:00] Second. [00:12:01] To the maker. [00:12:02] Nothing more. [00:12:03] To the second. [00:12:05] Mr. Murphy? [00:12:06] No, I'm good. [00:12:07] Deputy Mayor? [00:12:11] I missed the first reading discussion. [00:12:15] I'm in favor of it. [00:12:17] My daughter has chickens. [00:12:19] We get eggs. [00:12:23] And I think Mr. Cain's all right with the rooster, because he gets up really early every morning. [00:12:26] Yeah, well, he would. [00:12:27] But in deference to everybody else, John, I think the rooster prohibition is fine. [00:12:35] Is there any other discussion? [00:12:37] Hearing none, all those in favor, please signify by saying aye. [00:12:40] Aye. [00:12:41] Opposed, like sign.
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- 9.b
Second Reading, Ordinance No. 2020-2186: Water & Sewer Wholesale Bulk Rates
approvedCouncil adopted on second reading Ordinance No. 2020-2186, amending the city code to provide adjusted bulk water and wastewater wholesale utility rates. No public comment was received and the motion passed unanimously.
Ord. Ordinance No. 2020-2186
- motion:Motion to approve Ordinance No. 2020-2186 amending bulk water and wastewater utility rates on second reading. (passed)
Tampa Bay WaterAltmanOrdinance No. 2020-2186Section 2420, Article 2, Chapter 24 of the Code of Ordinances▶ Jump to 12:43 in the videoShow transcriptHide transcript
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[00:12:43] Motion passes. [00:12:44] Next is ordinance 2020-2186. [00:12:47] This is ordinance number 2020-2186, an ordinance of the city of New Port Richey, Florida, providing for amendment of subsections A and B of section 2420 of [00:12:55] article 2 of chapter 24 of the New Port Richey Code of Ordinances pertaining to bulk water [00:12:59] and wastewater utility rates, respectively, providing for adjusted bulk water and wastewater [00:13:04] utility rates, providing for conflicts, severability, and an effective date. [00:13:07] Thank you. [00:13:08] Open it up for public comment. [00:13:11] Seeing no one come forward, bring it back to council. [00:13:13] Move for approval. [00:13:15] Second. [00:13:15] To the maker. [00:13:16] Nothing. [00:13:17] To the second. [00:13:18] Nothing. [00:13:18] Deputy Mayor. [00:13:19] No comments, thank you. [00:13:20] Mr. Altman. [00:13:21] I was going to save this, actually, for communications, but I'll say it now. [00:13:26] The Tampa Bay Water met via conference, Zoom, whatever, on Monday. [00:13:33] And it was proposed that the wholesale rates that the city of New Port Richey, [00:13:40] pays for water will remain the same again for yet another year. [00:13:45] So we're fine with what was done here. [00:13:50] Any further discussion? [00:13:52] Hearing none, all those in favor, please signify by saying aye. [00:13:55] Aye. [00:13:55] Opposed, like sign. [00:13:57] Motion passes.
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- 9.c
Second Reading, Ordinance No. 2020-2179: Rezoning of 6656 and 6700 Orchid Lake Road (RNTC, LLC)
approvedCouncil held a second reading of Ordinance 2020-2179, rezoning a 0.726-acre property at 6656 and 6700 Orchid Lake Road owned by RNTC, LLC from General Commercial (C2) to Light Industrial (LI). The motion passed unanimously by voice vote with no public comment.
Ord. Ordinance No. 2020-2179
- motion:Motion to approve Ordinance 2020-2179 rezoning 6656 and 6700 Orchid Lake Road from C2 to Light Industrial. (passed)
6656 and 6700 Orchid Lake RoadRNTC, LLCDeputy MayorMr. MurphyOrdinance 2020-2179Parcel 3325-16-015-A-000-00-0240▶ Jump to 13:58 in the videoShow transcriptHide transcript
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[00:13:58] Next, the second reading of Ordinance 2020-2179. [00:14:02] This is Ordinance Number 2020-2179, Ordinance of the City of New Port Richey, Florida, [00:14:06] amending the Land Development Code Zoning District Map, granting to the owner, RNTCLLC, [00:14:12] a development order approving a change in the zoning district as is displayed in Exhibit A [00:14:16] from General Commercial C2 to Light Industrial LI for 0.726 acre property, the street address [00:14:23] being 6656 and 6700 Orchid Lake Road, the parcel identification number being 3325-16-015-A-000-00-0240, [00:14:36] and the legal description provided in Exhibit B and providing for an effective date. [00:14:40] Thank you. [00:14:40] Open up for public comment. [00:14:43] Seeing no one come forward, bringing it back to Council. [00:14:46] We discussed this, so I'll go ahead and propose. [00:14:51] Is that a motion? [00:14:52] Motion. [00:14:54] Second. [00:14:54] Second. Thank you to the maker. [00:14:56] And we discussed this. [00:14:57] Second. Mr. Murphy. [00:15:00] I'm good. [00:15:01] Deputy Mayor? [00:15:02] No comments. [00:15:03] Thank you. [00:15:04] In that case, all those in favor, please signify by saying aye. [00:15:06] Aye. [00:15:07] Opposed? [00:15:08] Like sign. [00:15:09] Motion passes.
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- 9.d
Second Reading, Ordinance No. 2020-2187: Rezoning of 6626 Orchid Lake Road (Unicam Group II)
approvedCouncil adopted on second reading Ordinance 2020-2187, rezoning a 0.46-acre property at 6626 Orchid Lake Road owned by Unicam Group II, Inc. from General Commercial (C-2) to Light Industrial (L-I). No public comment was offered and the motion passed unanimously by voice vote.
Ord. Ordinance No. 2020-2187
- motion:Motion to approve Ordinance 2020-2187 on second reading, rezoning 6626 Orchid Lake Road from C-2 to Light Industrial. (passed)
6626 Orchid Lake RoadUnicam Group II, Inc.Deputy MayorMurphyOrdinance 2020-2187Otero and Francine Commercial CenterRezoning C-2 to Light Industrial (L-I)▶ Jump to 15:10 in the videoShow transcriptHide transcript
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[00:15:10] Next is second reading, Ordinance 2020-2187. [00:15:11] This is Ordinance number 2020-2187, Ordinance of the City of New Port Richey, Florida, amending [00:15:17] the Land Development Code Zoning District Act, granting to the owner, Unicam Group II, [00:15:21] Inc., a development order approving a change in the zoning district as is displayed in [00:15:25] Exhibit A from General Commercial C-2 to Light Industrial L-I for a .46 acre property, [00:15:31] the street address being 6626 Orchard Lake Road, the parcel identification number being [00:15:36] 3325-16-015-A-000-00-02-00, and the legal description being Lot 20 in the east, one [00:15:45] foot of Lot 19, Otero and Francine Commercial Center. [00:15:48] First edition, according to the plat thereof, is recorded in plat book 23 pages 131 to 134 [00:15:54] in the public records of Pasco County, Florida, and providing for an effective date. [00:15:57] Thank you. [00:15:58] We'll open up for public comment. [00:16:01] Seeing no one come forward, bring it back to Council. [00:16:03] Move for approval. [00:16:04] Second. [00:16:05] To the maker? [00:16:06] Nothing. [00:16:07] To the second? [00:16:08] No, sir. [00:16:09] Mr. Murphy? [00:16:10] No, nothing. [00:16:11] Deputy Mayor? [00:16:12] No comments, thank you. [00:16:13] Again, this is one I missed on first reading, but I'm surprised that this stuff wasn't already [00:16:18] Light Industrial given where it is. [00:16:20] It's very inconsistent in that area of the city, and there are a good number of uses [00:16:26] that are Light Industrial and commercial as well. [00:16:29] I'm glad both... [00:16:30] I think it's transitioning to Light Industrial. [00:16:32] On both the last one and this one, it just made a lot of sense, so... [00:16:35] It's such a fine line. [00:16:37] Yeah, it is. [00:16:40] Any further discussion? [00:16:41] Hearing none, all those in favor, please signify by saying aye. [00:16:44] Aye. [00:16:45] Opposed, like sign. [00:16:47] Motion passes. [00:16:48] Next, first reading, Ordinance 2020-2188.
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- 9.e
First Reading, Ordinance No. 2020-2188: Rezoning of 5220 Grand Boulevard (City of NPR)
approvedFirst reading of Ordinance 2020-2188 to rezone a 1.18-acre parcel at 5220 Grand/Graham Boulevard from Office (O) to Public Semi-Public (PSP) to allow establishment of a fire station. The property had been donated to the City by the Kulhawik family for public use, and staff and the Land Development Review Board recommended approval. Council passed the motion on first reading.
Ord. Ordinance No. 2020-2188
- motion:Motion to approve first reading of Ordinance 2020-2188 rezoning 5220 Graham Boulevard from Office (O) to Public Semi-Public (PSP). (passed)
5220 Graham BoulevardDavisKulhawik familyMs. MannsNathanUllmanFire Station 2Land Development Review Board recommendation (May 21)Ordinance No. 2020-2188Parcel 0826160010045000020▶ Jump to 16:50 in the videoShow transcriptHide transcript
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[00:16:51] This is Ordinance Number 2020-2188, an ordinance of the City of New Port Richey, Florida, providing [00:16:56] for amendment of the Land Development Cone Zoning District Map, providing for rezoning [00:16:59] of approximately 1.18 acres of property generally located north of Marine Parkway on Graham [00:17:04] Boulevard at 5220 Graham Boulevard, having parcel identification number 0826160010045000020 [00:17:14] as shown on the map in Exhibit A and legally described in Exhibit B attached hereto, providing [00:17:19] for amendment of the zoning district for said property from Office O to Public Semi-Public [00:17:23] Zoning PSP, providing for conflict, severability, and effective date. [00:17:27] Thank you. [00:17:28] Ms. Manns? [00:17:29] Yes, sir, Mr. Mayor. [00:17:30] This agenda item relates to a 1.18 acre of property that's located on the northeast corner [00:17:38] of Marine Parkway and Graham Boulevard. [00:17:41] The property originally was deeded to the City as a gift, the purpose of which was for [00:17:49] a public use, and the current proposal under consideration is to establish a fire station [00:17:59] at the property. [00:18:01] The current zoning designation for the property is Office, and the appropriate zoning designation [00:18:10] is... [00:18:11] Go ahead, Nathan. [00:18:12] Thank you. [00:18:15] We're showing you the parcel of property, again, the future land use map, and then the [00:18:30] both existing zoning district and the proposed zoning district. [00:18:35] What we are proposing specifically is a public semi-public use, and a fire station is an [00:18:41] eligible use in that zoning classification. [00:18:46] As you can see from the description that appears overhead, building garages, parking, dispatch [00:18:53] centers for ambulances, fire, police are eligible activities in that zoning district. [00:19:00] The recommendation from the staff to the Land Development Review Board was in favor of a [00:19:08] rezoning, and the Land Development Review Board, at their meeting on May 21st, recommended [00:19:15] in favor of the proposed rezoning. [00:19:19] The name of the family is Kulhawik, and I may not pronounce that appropriately, and [00:19:27] I'm certain there's a couple of you on the Council that could correct me if I haven't [00:19:33] extended appropriate respect to the proper pronunciation of their name, but we will establish [00:19:40] a sign on the property acknowledging their donation of the property to the City for this [00:19:45] purpose. [00:19:46] Thank you. [00:19:47] Thank you. [00:19:48] We'll open up for public comment. [00:19:51] Seeing no one come forward, bring it back to Council. [00:19:53] For approval. [00:19:54] Second. [00:19:55] To the maker. [00:19:56] Very excited about the project. [00:19:57] I think we all are. [00:19:58] Second. [00:19:59] I'm good. [00:20:00] Thank you. [00:20:01] Mr. Davis. [00:20:02] Did we approve a fire station and now we're changing the property, or should we have done [00:20:06] it the other way around? [00:20:08] Well, I needed first of all to know that you would support a project, which is why I held [00:20:15] off on the rezoning. [00:20:16] Okay. [00:20:17] It makes sense that way. [00:20:18] I didn't... [00:20:19] It's like... [00:20:20] Sure. [00:20:21] Which came first? [00:20:22] The chicken or the egg? [00:20:23] Yeah, that's kind of where... [00:20:24] Yeah, right. [00:20:25] Yeah. [00:20:26] Okay. [00:20:27] Mr. Ullman. [00:20:28] I'm fine with it. [00:20:29] Very good. [00:20:30] Likewise, we'll get that Station 2 out of a pretty constricted area and get it out so [00:20:38] it's easier for our firemen to safely transit out to the highway for emergencies out there. [00:20:46] Any further discussion? [00:20:48] Hearing none, all those in favor, please signify by saying aye. [00:20:51] Aye. [00:20:52] Opposed? [00:20:53] Like sign. [00:20:54] Motion passes.
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- 9.f
You arrived here from a search for “Fox Glass Tinting” — transcript expanded below
First Reading, Ordinance No. 2020-2190: Amendments to Chapter 13 LDC RE: Vehicle Signs
approvedCouncil heard first reading of Ordinance 2020-2190 amending Chapter 13 of the Land Development Code to revise the definition of 'vehicle sign,' establishing eight presumptions code officers can use to identify vehicles being used primarily as signage (a problem along US-19). The Land Development Review Board recommended approval, and council passed the motion on first reading.
Ord. Ordinance No. 2020-2190
- motion:Motion to approve first reading of Ordinance 2020-2190 amending Chapter 13 of the LDC regarding vehicle signs. (passed)
Bellevue and 19U.S. Highway 19Entenman Outlet CenterFox Glass TintingMobile Home DepotPrecision Tire and Quality Auto RepairU-HaulCouncilman AllmanCouncilman MurphyJeffMs. ManceChapter 13 Land Development CodeLand Development Review Board recommendation (June 4)Ordinance No. 2020-2190Section 13.02.00▶ Jump to 20:55 in the videoShow transcriptHide transcript
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[00:20:55] Next is First Reading Ordinance 2020-2190. [00:20:58] This is Ordinance Number 2020-2190, an Ordinance of the City of New Port Richey, Florida, amending [00:21:02] Section 13.02.00 of Chapter 13 of the Land Development Code pertaining to definitions [00:21:07] of terms used in said chapter pertaining to signs, providing for amendment of the definition [00:21:12] of vehicle sign, providing for severability, providing for repeal of ordinances in conflict [00:21:16] herewith, providing for codification, and providing an effective date. [00:21:19] Ms. Mance. [00:21:20] Yes, sir. [00:21:21] Mr. Mayor, members of Council, this agenda item specifically asks for an amendment to [00:21:28] Chapter 13 of our Land Development Code, and that chapter relates to signs. [00:21:36] We currently have a definition in our sign ordinance, which is being shown to you currently, [00:21:44] which is rather lengthy and doesn't address as completely as it should some of the conditions [00:21:53] that we're experiencing, particularly on U.S. Highway 19, with people using either vehicles [00:22:01] or utility trailers for signage purpose. [00:22:05] And we'll show you a couple pictures of some of them. [00:22:10] This isn't a particularly good picture, but I'm sure you've all seen the Entenman sign [00:22:15] parked sideways in front of the Entenman Outlet Center. [00:22:20] This is one for the Mobile Home Depot, also a truck. [00:22:26] Fox glass tinting, also a truck. [00:22:30] Precision tire and quality auto repair. [00:22:38] And what we've done with this ordinance is we've changed the definition and we've established [00:22:45] a criteria of eight different presumptions, which can be relied on by the ordinance officer [00:22:56] to designate something as a vehicle sign. [00:23:01] The first is basically that it's an unregistered or inoperable vehicle. [00:23:07] And you don't have to meet all eight. [00:23:09] You can meet any one of the conditions and be considered a vehicle sign. [00:23:14] But as I was discussing with the city attorney earlier today, the more that we have, the [00:23:22] more solid our case is as we present before the special magistrate if that is determined [00:23:28] to be the appropriate course of action. [00:23:31] The next is if it's located within 35 feet of the nearest public right-of-way, if it's [00:23:37] parked perpendicular to the public right-of-way, if it's located in the same location with [00:23:44] regularity, meaning on the premises, two occasions, at least seven days apart in any 90-day period. [00:23:54] It is the only vehicle of its size and type on the premise, not the size or the type of [00:24:00] vehicle that's regular and customary to the business operations, located in an area not [00:24:08] designated or constructed for parking, and in addition, if a sign is applied by paint [00:24:17] directly or a vehicle wrap designed and intended to evoke advertising notice. [00:24:28] Ordinance was presented to the Land Development Review Board at their meeting on June 4th, [00:24:37] and they're recommending in favor of the ordinance as proposed. [00:24:44] Thank you. [00:24:45] We'll open this up for public comment. [00:24:48] Seeing no one come forward, bring it back to council. [00:24:51] Move for approval. [00:24:52] Second. [00:24:53] To the maker. [00:24:54] I'm so excited to see this. [00:24:56] It's a start. [00:24:57] It's going to help us out tremendously. [00:24:58] I mean, there's box trucks that have been parked along 19 that have not moved in a year, [00:25:04] literally. [00:25:04] They blocked the right-of-way. [00:25:05] They blocked vision when you're trying to pull out. [00:25:08] The mattress store at Bellevue in 19, I literally had to go to a different, if I wanted to turn a [00:25:13] certain way on the 19, it blocked it so bad that I would go to a different intersection, and they [00:25:17] would leave it there for weeks and weeks and weeks at a time. [00:25:20] If you need a box truck at 19 to advertise your business, you need a new marketing model. [00:25:24] Like I said when we first discussed this, they look horrible. [00:25:27] It's not fair to the businesses that run their businesses properly and market them properly. [00:25:32] And I think their eyesores along US 19, I think this is just one tool that we have to continue to [00:25:38] clean up that corridor, and it needs so much attention. [00:25:40] So I'm very, very pleased to see it. [00:25:43] Second. [00:25:45] The only other thing I can add to what you said, Jeff, is we've had a couple of businesses in here [00:25:49] where we tried to have them take their product and put it up into their business and their front [00:25:54] door and stuff instead of at on 19. [00:25:56] This would have been the next step for them is to put a box truck out there advertising them. [00:26:00] So, you know, we didn't want it, but they'll take advantage of it if we don't do something about this. [00:26:08] Councilman Murphy. [00:26:10] No, I'm good. [00:26:11] Councilman Allman. [00:26:14] I'm just thinking of the U-Haul trucks. [00:26:15] They are signage trucks, and I saw in the definitions that's not normally part of it. [00:26:21] So I'm guessing as long as the U-Haul parks their trucks out of the front right away trying to use them for [00:26:28] advertising, that would be an exception because that is their standard type of... [00:26:37] Same with the city buses, I guess, the county bus. [00:26:39] I guess we can't stop them from blocking our way with those advertisements all over them. [00:26:46] But it's become so common for... [00:26:49] They'll think they're a permanent fixture. [00:26:51] They don't. [00:26:52] It seems like they stay there. [00:26:53] They tend to run. [00:26:54] They usually bring a truck out and haul them off if they do. [00:26:57] But, you know, as someone who was at the center on the vote to put advertising on our benches, [00:27:04] I've seen a few of the benches that have been put out there that are okay looking. [00:27:09] But, you know, I'm not big on outside advertising, and I'm almost curious to see when we get our new city logos, [00:27:18] if you could go back to the company that's got the city benches all over town, [00:27:23] maybe we should be securing some signage on the ones we can to promote our own selves in that way. [00:27:31] That might be an interesting option for us. [00:27:33] But I'll support the motion. [00:27:35] I've always wondered why some of the businesses on US-19 have felt the need to go out and buy a vehicle [00:27:43] that is totally incompatible with anything that they do for business. [00:27:48] And I could name you several that are out there, and it appears that the sole function of those trucks [00:27:56] is to evade the current prohibitions on oversized signage. [00:28:04] And I could tick off just a whole bunch of them right off my fingertips, but this is way past due being done. [00:28:15] Any further discussion? [00:28:18] Hearing none, all those in favor, please signify by saying aye.
This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.
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First Reading, Ordinance No. 2020-2195: Prohibiting Camping within City Limits
approvedCouncil heard first reading of Ordinance 2020-2195, which prohibits camping within city limits with three exceptions: campers stored on property, authorized camp yards, and tent camping in backyards (up to 48 hours per 90-day period). The ordinance is intended to address homelessness impacts and complaints from residents, particularly on Grand Boulevard, about campers running generators overnight. The motion to approve passed unanimously on first reading.
Ord. Ordinance No. 2020-2195
- motion:Motion to approve first reading of Ordinance 2020-2195 prohibiting camping within city limits. (passed)
6041 Florida AvenueGrand BoulevardRiver RoadRed Apple SchoolAllmanDebbie MannsJohn CainMurphyVanceArticle 1 of Chapter 14 of the Newport Richey Code of OrdinancesEagle Scout project for primitive group campGreen KeyOrdinance 2020-2195Starkey ParkTrouble Creek golf park▶ Jump to 28:20 in the videoShow transcriptHide transcript
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[00:28:20] Aye. [00:28:21] Opposed, like sign. [00:28:23] Motion passes. [00:28:24] Next, first reading ordinance 2020-2195. [00:28:27] This is ordinance number 2020-2195, an ordinance of the city of New Port Richey, Florida, [00:28:32] providing for amendment of Article 1 of Chapter 14 of the New Port Richey Code of Ordinances [00:28:36] pertaining to general offenses, providing for the prohibition of camping within the city, [00:28:40] providing definitions of terms, providing for exemptions, providing for enforcement, [00:28:44] providing for conflict, severability, and an effective date. [00:28:48] Ms. Vance. [00:28:49] Certainly. [00:28:50] The purpose of this ordinance is to address the impacts of homelessness in the city, [00:29:00] both in terms of its impact to residents and businesses, [00:29:05] as well as potential positive economic development growth. [00:29:12] What we are specifically doing is we are prohibiting camping within the city limits, [00:29:22] with some exceptions. [00:29:23] The exceptions are three. [00:29:27] The exception is if your camper is being housed for storage purposes. [00:29:34] The second, if it's in an authorized camp yard, and lastly, if it's in your backyard. [00:29:42] Under those conditions, camping is permitted. [00:29:47] The second reason that the staff thought it was important to draft an ordinance for your [00:29:57] consideration in this respect also relates [00:30:00] to some properties that are located on River Road and they're being used by not [00:30:10] the residents across the street but by others for camping purposes and there [00:30:16] has been some aggravation expressed by the residents on River Road that they'd [00:30:23] like to see that prohibited. I believe that was on Grand Boulevard. Thank you [00:30:29] Mr. Mayor. I was going to look at the attorney. It was specifically on Grand and I [00:30:34] fielded a number of those complaints where residents that actually had [00:30:40] homes adjacent to them on fairly nice evenings were having to close up their [00:30:46] houses and turn on the air conditioners because the campers would be across the [00:30:51] street running their generators all night long and belching out diesel fumes. [00:30:57] So from our perspective, camping at either an inappropriate time or an [00:31:03] inappropriate location is a deterrent to positive economic development activity [00:31:09] and therefore we're recommending you consider adopting the ordinance. Thank [00:31:12] you. We'll open this one up for public comment. [00:31:16] John Cain, 6041 Florida Avenue. I just have a question. So campers are allowed [00:31:27] in the front yard to camp? No, only in the backyard. And if somebody does [00:31:37] have a camper with a generator going, is there any recourse for a neighbor? [00:31:46] Any legal recourse? I mean obviously if that's going all night and perhaps they [00:31:52] like to keep their camper cold but the weather's nice and you have your windows [00:31:55] open and now you're faced with shutting your window and trying to put your [00:32:01] air down to 69 to kick it on. I mean it's it seems like I mean is anything [00:32:07] addressed in that in that it is? Mr. Mayor, with your permission, the city [00:32:13] attorney will respond to the question. Thank you. People are allowed to still [00:32:17] have RVs on their property but they can't be occupied and they cannot be [00:32:21] connected to electricity or to a running generator. So that's how that'll prevent [00:32:26] that. Okay, thank you very much. Thank you. Anyone else? [00:32:32] Just for clarification, I've heard that a person could camp in their backyard but they [00:32:38] can't hook it up to electricity, is that what you're saying? They can't use any [00:32:43] recreational vehicle in the front or the backyard. Trailers, recreational vehicles [00:32:47] are excluded. You can only use a tent in the backyard and that's only for 48 hours [00:32:52] in any 90-day period, up to 48 hours at a time in a 90-day period. So like kids [00:32:58] camping, exactly. So you can invite your your grandkids over to camp in the [00:33:05] backyard. Great. All right, I entertain a motion. Move for approval. To the [00:33:13] maker. Once again, this is a good start. We're definitely dealing with, we've [00:33:18] discussed it up here numerous times in the last few months and I'll spare you [00:33:21] some of the stories and photos that have been sent to us via email with some of [00:33:26] the actions of the vagrants that don't want to better themselves, that are okay [00:33:29] living that lifestyle with drugs, alcohol. An example is we have churches that feed [00:33:36] the homeless every day. There's one that right across the street, I thought it was [00:33:41] part of the Red Apple School. It's an actual pavilion. It's got a grill there [00:33:45] and it's hot out. So homeless vagrants go, not all of which are bad, mind you, but [00:33:51] go there and spend hours and hours and hours at a time. And I know the gentleman [00:33:56] whose private residence is adjacent to this location and he wakes up in the [00:34:00] morning, there's vagrants who have spent the night there. This will prohibit that [00:34:03] from happening. So it's a great tool in our toolbox, in my opinion. Thank you. To [00:34:08] the second. Mr. Allman? Mr. Murphy? Maybe one comment, just with respect to [00:34:17] those who do like to camp. And I thought I saw something in a memo, maybe it was a [00:34:21] while back, but we may find ourselves having a discussion at some point about [00:34:27] potential tent camping or primitive camping at the Great Preserve. I thought [00:34:34] I saw something to that effect. And several years ago I had taken a trip [00:34:41] with a city manager out to Green Key, where the northern half of the beach [00:34:49] belongs to the city, and not the beach, but the estuary part that goes through [00:34:56] the boardwalk. And when it comes to ecotourism, maybe sometime in the future, [00:35:02] a blue way trip or someone going from the golf park at the end of Trouble Creek [00:35:07] to the Green Key beach or beyond into the state park, where there was the [00:35:16] potential that we might have had for the Starkey Park type of little recreational [00:35:23] overnight stay. I don't know, that's never been discussed, but I've just brought it [00:35:28] up that camping is a recreational activity, and with that trail coming [00:35:31] across the state, it might be a good idea for us to think about that kind of [00:35:37] Starkey Park campsite opportunity to get people to stay in town. [00:35:41] And I'm sure we can cross that bridge when we get there, but it's a shame to me [00:35:45] that we even have to consider this, but our hands are tied in so many ways with [00:35:49] this issue. [00:35:51] And I know there's been discussion with the folks at Park and Rec and some of [00:35:58] the Boy Scout units about possibly doing as an EGLE project, building a primitive [00:36:04] group camp out on the uplands at Starkey Park, and this would not preclude that [00:36:10] if at some point in the future that comes forward as a project. [00:36:15] So, yeah, I agree, it's silly that we have to even come up with this, but we've had [00:36:26] some serious issues with people camping, and the most recent one was a motorhome. [00:36:35] It was on Grand, and it was right at the beginning of the COVID outbreak, and so here they're [00:36:40] not social distancing or anything, they're coming in and having a big party right there [00:36:46] on the motorhome all weekend long and driving the neighbors nuts. [00:36:54] Any further discussion? [00:36:56] Hearing none, all those in favor, please signify by saying aye. [00:36:59] Aye. [00:37:00] Opposed? [00:37:01] Like sign. [00:37:02] Motion passes. [00:37:03] Next, First Reading Ordinance 2020-2197.
This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.
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First Reading, Ordinance No. 2020-2197: Vacation of the Right-of-Way (Alley) Running between Franklin Street and Grand Boulevard
tabledCouncil considered first reading of Ordinance 2020-2197 to vacate a right-of-way alley between Franklin Street and Grand Boulevard (between Wyoming and Tennessee Streets), retaining a 20-foot utility easement. Two property owners objected, citing existing structures (a carport built under the main roof) encroaching on the proposed easement and questioning whether the alley ever truly existed. Council tabled the item pending more information from utility companies about actual utility locations.
Ord. Ordinance No. 2020-2197
- motion:Motion to table Ordinance 2020-2197 pending additional information from utility companies regarding utility locations and objections. (passed)
5703 Tennessee5938 River Road, New Port RicheyLot 17, Block 156alley running between Franklin Street and Grand Boulevard, lying between and adjacent to Lots 4-14 and 17, Block 156, Town of New Port RicheyClearwater GasDuke EnergyFrontierSpectrumEugene Morton QuinnMr. FransMs. ManceSonya MagruderTim Driscoll1940 alley vacationBlock 156, Town of New Port Richey Revised PlanOrdinance No. 2020-2197Parcel ending 0170Parcel ending 0171Plat Book 4, Page 49Two letters of objection from utilities on file▶ Jump to 37:05 in the videoShow transcriptHide transcript
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[00:37:05] This is Ordinance 2020-2197, Ordinance of the City of New Port Richey, Florida, providing [00:37:10] for the vacation of the right-of-way alley running between Franklin Street and Grand [00:37:13] Boulevard and lying between and adjacent to Lots 4-14 and 17, Block 156, Town of New Port Richey, Revised Plan, recorded in Platte Book 4, Page 49 of the Public Records of Pasco [00:37:24] County, Florida, providing for reservation of an easement in the subject right-of-way, [00:37:28] providing for complex severability and an effective date. [00:37:31] Mr. Frans. [00:37:32] Yes, sir. [00:37:34] The request before you is to vacate the city's interest in an alley that spans along the [00:37:40] south side of Wyoming Street and the north side of Tennessee Street between Franklin [00:37:48] Street and Grand Boulevard with a 20-foot utility easement retained on the property. [00:37:58] This is one of the very few alleys in the city that was vacated in the past. [00:38:08] It was vacated in 1940, and in 1950, the county replatted the city, and in so doing, [00:38:21] they inadvertently left the alley vacation off the map. [00:38:27] There are varying deeds out there among the property owners, some of which say you own [00:38:33] half the alley, some others say you don't own half the alley. [00:38:37] It just depends on what Platte Book is being referred to. [00:38:44] But in short, when that error occurred, the properties reverted back to the city. [00:38:49] So in order to go forward with a vacation of this, the city attorney recommended that [00:39:01] we affirm the city's interest and pass an ordinance and support the vacation of the [00:39:09] alley. [00:39:10] Other complicated factor to this that I should have mentioned is that some people have built [00:39:16] on the alley with permits, with permission from the city, because their deeds happen [00:39:23] to say, you own half the alley. [00:39:28] If it meets with your approval, the alley vacation would be effectuated at a second [00:39:38] reading by you, and it would call for the abandonment of 10 feet to each of the abutting [00:39:46] neighbors, again, retaining the full width for a utility easement. [00:39:53] There are a total of nine property owners that own property on that alley, and they've [00:40:01] all been noticed of your hearing this evening. [00:40:06] Thank you. [00:40:07] We'll open it up for public comment. [00:40:09] If you could give us your name and address for the record, please. [00:40:18] My name is Sonya Magruder, 5938 River Road, New Port Richey. [00:40:24] I have something that I would like to give to you, if that's okay. [00:40:30] May I do that? [00:40:31] The city clerk. [00:40:32] Okay. [00:40:33] Are you the clerk? [00:40:44] And I'll explain that in a second. [00:40:46] I did not actually apply for this. [00:40:49] I heard there were rumors that somebody was trying to open up the quote-unquote alley, [00:40:55] which I never knew existed. [00:40:57] We bought our property 18 years ago, and my understanding is this alley, as Ms. Mance [00:41:02] stated, was vacated 80 years ago, in 1940, when the house was built by Mr. Potter. [00:41:09] So it coincides with the time that the house was built. [00:41:13] As I said, we purchased the property 18 years ago, and up until fairly recently, there was [00:41:18] nothing on the GIS system, even up until a few years ago, and I don't even know when [00:41:22] that changed. [00:41:23] But there was nothing on the property appraiser's aerial GIS system that showed an alley in [00:41:28] there. [00:41:29] Then suddenly, it is showing. [00:41:31] So I know this because I'm a real estate broker, so I check those things. [00:41:35] I check the aerials. [00:41:37] Excuse me. [00:41:40] Let's see. [00:41:41] Okay. [00:41:43] So on the handout that I have, there's a, like a transparent sheet that's the city survey [00:41:51] of the vacated alley, and then there's my survey. [00:41:57] So if you could look, could you look at that now, or do you have to look at it later? [00:42:03] Could you distribute those, please? [00:42:14] So, and I understand what Ms. Mann said, is that there was an error when it was replatted [00:42:18] by the county, so it didn't show the vacation of the alley. [00:42:24] And I'm all for fixing the error and showing this vacate. [00:42:28] So if you line up the dots, if you line up Grand Boulevard and Grand Boulevard, and you'll [00:42:32] see a dot on this thin sheet and a dot on the other sheet, you'll see that my carport [00:42:40] is right in the middle of that 20 feet. [00:42:44] And it's not a temporary carport. [00:42:47] It's under the main roof of the house. [00:42:50] My point in saying that is, I cannot agree to the proposal of a 20-foot easement there, [00:42:56] because that would be in that same spot, and the house is already built there. [00:43:00] So I can't have a utility easement there. [00:43:03] I have also in that packet there is the copy of my deed. [00:43:08] So when we bought the house, the legal description on the deed and the legal description on the [00:43:13] survey were identical, and nothing said anything about an alley or an easement. [00:43:20] So a 20-foot easement going through part of our house would be really detrimental to our [00:43:28] property and our property value, and even the ability to sell it, to have a 20-foot [00:43:33] easement. [00:43:34] If somebody wants to make that a garage or do whatever, I just can't consent. [00:43:40] I feel that putting a 20-foot easement there is a taking of my property. [00:43:44] So basically, I would love to see an acknowledgment from the city that the alley has been vacated, [00:43:52] but not have a 20-foot easement in its place, where my property is already built. [00:44:04] Mr. Mayor, if you'd like me to respond to the comment about the reason that the city [00:44:14] is requesting a vacation with the easement, it's because two utility companies have indicated [00:44:24] to us that they have utilities in the area, and they need to have access to those utilities. [00:44:34] I'm not certain, because I think there's an error on that survey that's being provided [00:44:49] to you. [00:44:50] So we had this made to scale, so that the two surveys match, they're the same scale. [00:44:55] We actually own two separate parcels, and I think that's where there may be some confusion. [00:45:00] So when you line it up with those two dots on Grand Boulevard, what you see above the [00:45:07] north boundary of the vacated alley, what you see above that is a separate 10-foot wide [00:45:14] parcel that we own, which is a separate parcel number that ends in 0171. [00:45:19] And then our house, the lot that our house is on, ends in 0170. [00:45:25] So there's 10 feet above that, but that's a totally separate parcel. [00:45:34] You say you own that parcel also? [00:45:36] Yes. [00:45:37] Yeah, we do. [00:45:42] So if we, back up to you, Tim, if we vacate that, where's the utility stand? [00:45:51] You're going to impair the rights of the utility providers if they're relying on that alley [00:45:54] to provide service in there. [00:45:56] That's their only easement right that they have in there. [00:46:00] And I would tell you that the legal status of this particular alley is not clear. [00:46:11] This ordinance will address what apparently is happening when people go to sell these [00:46:16] properties or having title issues with respect to this particular alley. [00:46:20] So by vacating it, you'll get rid of those title issues, and there will no longer be [00:46:24] a problem. [00:46:25] The reservation of the easement is still necessary to protect those utilities. [00:46:30] If her carport extends into the easement, there's nothing that's going to require her [00:46:33] to remove that carport, and she can still sell her property. [00:46:37] But if for some reason the property, that carport is destroyed, she may not be able [00:46:42] to rebuild it in the same location because it will be encroaching on the easement. [00:46:48] The only thing I could suggest to you is that we could potentially look at changing [00:46:53] the configuration of the easement to protect whatever structures. [00:46:58] I think we also have a house on, maybe, do you live in lot 17? [00:47:01] Is your house on lot 17? [00:47:03] No, we don't live in that house. [00:47:05] I mean, is that the property in question? [00:47:07] Lot 17? [00:47:08] Yes. [00:47:09] So you can see it in the property appraiser's area, it does come over. [00:47:12] How much is the encroachment? [00:47:15] I mean, it looks like it's about almost 20 feet. [00:47:18] If you, do you have a copy of the two surveys that I gave where you can put on top of it? [00:47:24] It's not necessary for me, I can take a look at it, but the only thing I can suggest to [00:47:28] you is that we could look at potentially changing the configuration of it, but normally when [00:47:34] you vacate an alleyway or public street, you retain easements because those utility providers [00:47:41] are relying on that alleyway or street right-of-way to provide the utilities for the area. [00:47:51] There's no easement on the survey and there's no easement in the legal description? [00:47:55] There will be now, that's the whole purpose. [00:47:59] So that can just be done? [00:48:01] Yes. [00:48:02] Okay. [00:48:03] I feel that that is a taking. [00:48:07] Thank you. [00:48:08] Thank you, Ms. Gruner. [00:48:09] Do we know? [00:48:10] Can I say, I'm sorry, can I say one more thing? [00:48:13] That affects the value of my property because that has to be disclosed when I go to sell [00:48:16] it and if somebody does want to build there or replace, let's say if the carport does [00:48:21] get destroyed, I have to disclose that, that they're not going to be able to rebuild it. [00:48:26] Thank you very much. [00:48:27] Thank you. [00:48:28] Do we know specifically what utilities are running through that easement? [00:48:33] I do know specifically, and one is gas and the other is cable. [00:48:44] Are they running gas lines underneath this lady's carport? [00:48:48] I don't know where the lines are specifically, no. [00:48:52] I do not know that at this time. [00:48:55] I'm sorry. [00:48:56] Go ahead. [00:48:57] So we're talking about, I mean we're basically the city vacated the land 80 years, I mean [00:49:03] I understand your concerns. [00:49:04] A lot of properties have easements though. [00:49:06] We're trying to correct I think what was done 80 years ago because it was redone, basically [00:49:11] not redone, undone by the county. [00:49:14] We're not saying that a power truck needs to get through there next to her, next to [00:49:19] the carport. [00:49:21] We're just saying if a cable company or gas company needs to get in there, they have a [00:49:25] right to go on that easement and access what they need to access. [00:49:30] So it's like we're giving the land back to you that was yours to begin with, even prior [00:49:34] to you buying the house in my opinion. [00:49:36] We can't help the easements though. [00:49:37] So I mean I think we're making this, trying to do the best, the city's trying to do our [00:49:41] best right to make this wrong righted. [00:49:47] But we can't help that there's an easement there. [00:49:49] So I mean we're giving, we're saying black and white, here's your carport as part of [00:49:53] your property. [00:49:54] It was built on an alley. [00:49:56] The city gave it to you. [00:49:57] The county took it away. [00:49:58] We're giving the land back as it should be, but we can't do any, I wanted to build a playground [00:50:01] on the side of my house, extend it out. [00:50:03] I had to take a fence and a tree out just to fit the playground because of an easement. [00:50:07] So I think easements are common, common, common. [00:50:10] You know where our real estate is greater than I do, and I'm trying to work with you [00:50:13] myself. [00:50:15] I just don't see how we tell a gas company and a cable company you're not allowed to [00:50:19] go on that easement to access what you need to access, I don't know, legally, how would [00:50:22] we do that? [00:50:24] Well they're relying on that alleyway, and I don't think it's clear that this alleyway [00:50:28] has been vacated, otherwise I wouldn't put this ordinance in front of you. [00:50:31] I think it's very unclear, and that's the problem, and the only way that you would ever [00:50:35] determine whether that alleyway really exists is to go to court and ask a judge to enter [00:50:42] a declaratory judgment one way or the other, and take a look at all of the history and [00:50:45] make a decision, but I don't think it's clear. [00:50:47] So right now I believe that she has an alley there, so she has no right in that property [00:50:56] that's a public alley, and you're just replacing that public alley with an easement, which [00:51:00] doesn't prohibit someone from putting things there, trees, plants, fences, all kinds of [00:51:05] other things, as long as the utility providers can still get in there. [00:51:11] My question is, are the utility providers using that easement? [00:51:16] Are there gas lines or are there cable lines that are buried underneath that property? [00:51:21] I don't know. [00:51:26] It's overhead, Duke Energy, and then underground, possibly it's either Spectrum and Frontier, [00:51:35] those type of charter, those types of communication cables, and you're absolutely right, they [00:51:39] wouldn't need to get a truck back there, but they'd at least be able to get some of their [00:51:43] smaller equipment to either change out a pole, to be able to do some splicing of some [00:51:49] lines, those types of things. [00:51:50] But I'm not sure which side the aerial lines are on that alley, whether they're over by [00:51:56] the carport or on the other side. [00:51:58] If you like, Mr. Mayor, I can take a look at, for the second reading, providing some [00:52:02] potential changes based on what's actually out there. [00:52:05] I don't think that her carport extends 20 feet, that would be all the way to the other [00:52:09] side of the alley, so then she would be taking up the whole alley, if that was the case, [00:52:14] but I can't tell from these particular drawings or these documents that she presented. [00:52:18] Yeah, I mean, this happened before I was born, before most of us were born, and... [00:52:25] Mr. Mayor, look at me that way. [00:52:26] Hang on. [00:52:27] No, I'm seeing better. [00:52:28] I understand, I understand. [00:52:29] But you look another way. [00:52:30] But, you know, if the easements are not currently in use and they're not interfering with it, [00:52:38] then I see no reason to reserve the easement. [00:52:41] If there's something in there, then we've got a whole other issue, but we need to know [00:52:47] that before we go too far down this line. [00:52:53] And I'd be real concerned if I had a clearwater gas pipe running underneath my house. [00:53:00] I mean, that would not make me comfortable at all, and I don't believe we've got any [00:53:06] representatives from any of the utility companies here tonight. [00:53:10] Yes, sir? [00:53:11] And one other just question, and if we do vacate this property, does it take us out [00:53:17] of the battle, or is it the battle now between the property owner and the utilities, or are [00:53:22] we still in the battle? [00:53:25] We are the owners of the easement. [00:53:27] We're still the owners of the public easement, so the city is still involved in that respect. [00:53:31] All right, then I want more information. [00:53:33] Yeah, that's... [00:53:34] Just get another word. [00:53:35] Yes, ma'am. [00:53:36] I want more information. [00:53:37] It's never been an alleyway. [00:53:39] When it was done and houses were built, my grandparents bought a house here in 66. [00:53:44] They already had fencing in the property, and I've known it since 1967, and all the [00:53:50] houses that were fenced, and there's never been an alleyway or used there. [00:53:54] The telephone poles that are there, they do have access to because they come through our [00:53:58] property and neighbor's property to use them. [00:54:01] Thank you. [00:54:02] Which property is yours? [00:54:03] 5703 Tennessee. [00:54:04] It was my grandparents, then my parents, and my son now lives in it. [00:54:09] But I would say it's not accurate to say there was never an alleyway there because you're [00:54:12] saying your grandparents moved there in the 60s. [00:54:14] In 66, it was already fenced. [00:54:15] The fencing was lifted in 55. [00:54:16] Right, and what was said earlier is that that alleyway was vacated by the city in 1940, [00:54:22] so there was an alleyway there. [00:54:23] We vacated it in 1940. [00:54:25] Well, when the houses were built, it was never an alleyway because the people who fenced [00:54:29] that lived there since they were built in 55. [00:54:32] When I met, when my grandparents bought the house there, I was there in 67, were already [00:54:38] fenced and there were properties. [00:54:40] The people there decided how to divide up. [00:54:42] That's why the property lines are really screwy because the people there decided who wanted [00:54:47] the alleyway, if they all wanted all of it, if they wanted to split it 10 feet each, if [00:54:51] one wanted 15 feet, one wanted 5 feet. [00:54:54] That's what they did. [00:54:55] Right, and we're trying to make those property lines not screwy. [00:54:57] That's the purpose of this. [00:54:58] I was not saying, but I was saying get access to the utility poles that are there. [00:55:02] They usually come through our property to get to them. [00:55:05] They just climb the poles because there is electric and there is cable lines there. [00:55:10] Thank you very much. [00:55:11] And there is some access. [00:55:12] Thank you. [00:55:13] Can I get your name? [00:55:14] I'm Eugene Morton Quinn. [00:55:15] Mayor, I move that we table this so we can get some more information regarding the utilities [00:55:21] and how they feel about us if we were to vacate the right-of-way. [00:55:28] We have two letters of objection on file. [00:55:31] We do already? [00:55:32] Yes. [00:55:33] Okay. [00:55:34] But we do not have any plans from the utility companies as to where their utilities lie [00:55:39] and as Mr. Driscoll indicated, that might be important information for us to have. [00:55:44] The objections are from the utilities company? [00:55:46] Utilities. [00:55:47] Okay. [00:55:48] You said two objections. [00:55:49] Yes. [00:55:50] I thought I said that before. [00:55:51] Sorry. [00:55:52] We have a motion to table. [00:55:53] Can we get a second? [00:55:54] Yes. [00:55:56] All those in favor, please signify by saying aye. [00:55:58] Aye. [00:55:59] Opposed, like sign. [00:56:00] This motion is table pending. [00:56:01] Mr. Driscoll coming back with something that tells us exactly what's with this thing. [00:56:09] I've just got real concerns about the whole situation. [00:56:13] It's crazy that 80 years later this is coming up as a problem.
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- 10.a
Board Appointment: Ronald Becker, Library Advisory Board
approvedCouncil appointed Ronald Becker to the Library Advisory Board. Originally proposed as first alternate member with a term through June 16, 2023, the appointment was modified during discussion to a regular member position since a regular seat had become available after a prior reappointment was withdrawn.
- motion:Appoint Ronald Becker to the Library Advisory Board as a regular member with a term through June 16, 2023. (passed)
▶ Jump to 56:15 in the videoShow transcriptHide transcript
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[00:56:20] Next is the board appointment of Ron Becker to the Library Advisory Board. [00:56:27] Yes, sir, Mr. Mayor. [00:56:34] Mr. Becker has submitted an application to serve as our first alternate member for the [00:56:42] library board. [00:56:43] The library board has three-year terms. [00:56:46] So if this application meets with your approval, his term would be through June 16th of 2023. [00:56:59] Thank you. [00:57:00] Open it up for public comment. [00:57:03] Is Mr. Becker in attendance by chance? [00:57:05] Yes, right there. [00:57:06] Okay. [00:57:07] We'll continue the motion. [00:57:08] Thank you. [00:57:09] To the maker. [00:57:10] Thank you for your time. [00:57:12] The library, they're all good people. [00:57:13] They might even like you. [00:57:14] To the second. [00:57:15] Thank you, Mr. Becker. [00:57:16] Mr. Murphy. [00:57:17] Thank you, sir. [00:57:18] Mr. Altman. [00:57:19] Just a question. [00:57:20] Earlier, Joan Nelson-Hook made a comment related to Mr. Becker being here. [00:57:21] And then we also had, was it another appointee to a reappointment to a regular position that [00:57:22] was approved? [00:57:23] Yes, sir. [00:57:24] Okay. [00:57:25] Thank you. [00:57:26] Thank you. [00:57:27] Thank you. [00:57:28] Thank you. [00:57:29] Thank you. [00:57:30] Thank you. [00:57:31] Thank you. [00:57:32] Thank you. [00:57:33] Thank you. [00:57:34] Thank you. [00:57:35] Thank you. [00:57:36] Thank you. [00:57:37] Thank you. [00:57:38] Thank you. [00:57:39] Thank you. [00:57:40] I'm sorry. [00:57:41] I'm sorry. [00:57:42] I'm sorry. [00:57:43] I'm sorry. [00:57:44] I'm sorry. [00:57:45] I don't understand. [00:57:46] I don't understand. [00:57:47] I think she said that it was another position that was withdrawn. [00:57:48] Yeah, that's correct. [00:57:49] My only question is, you're introducing him as a alternate member. [00:57:50] Do we have an opening for a regular member then, because we didn't reapprove the other [00:57:54] one? [00:57:55] Yes. [00:57:56] If that is the case, would we not want to just put him in as a regular member at this [00:57:59] point? [00:58:00] I'm thinking that would be the... [00:58:01] We're getting promoted, Mr. Becker. [00:58:03] Move the motion and the second. [00:58:04] Sir, I can do whatever you want. [00:58:05] All right. [00:58:06] Good. [00:58:07] You guys nod and yes. [00:58:08] You want them? [00:58:09] Yes. [00:58:10] All right. [00:58:11] If that's okay with the maker and the second, we'll do that. [00:58:15] Yes, it is. [00:58:16] Okay. [00:58:17] Any further discussion? [00:58:18] Good catch. [00:58:19] All those in favor, please signify by saying aye.
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- 10.c
Board Re-Appointment: Kelly Smallwood, Cultural Affairs Committee
approvedCouncil reappointed Kelly Smallwood to the Cultural Affairs Committee for a two-year term expiring June 7, 2022. Smallwood has served on the committee since June 2016.
- motion:Reappoint Kelly Smallwood to the Cultural Affairs Committee for a two-year term ending June 7, 2022. (passed)
▶ Jump to 58:20 in the videoShow transcriptHide transcript
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[00:58:20] Aye. [00:58:21] Aye. [00:58:22] Opposed, like sign. [00:58:23] Motion passes. [00:58:24] Next is board reappointment of Kelly Smallwood to the Cultural Affairs Committee. [00:58:27] Yeah. [00:58:28] Mrs. Smallwood has served on the Cultural Affairs Committee since June of 2016. [00:58:35] Her current term has expired, and the recommendation is for you to consider reappointing her for [00:58:43] a two-year term, and that would be for renewal June 7th of 2022. [00:58:52] Thank you. [00:58:53] I'll open up for public comment. [00:58:54] I do not see Mrs. Smallwood in attendance. [00:58:58] I'll move for approval. [00:59:00] Thank you. [00:59:01] Second. [00:59:02] I was my classmate at Our Lady of Lourdes back in 1960-something. [00:59:07] I wanted you to say that. [00:59:08] Yeah, in Dunedin. [00:59:09] Crazy. [00:59:10] For the second. [00:59:11] No, thank you, Kelly. [00:59:12] Mr. Murphy. [00:59:13] No, thank you. [00:59:14] Deputy Mayor. [00:59:15] Thank you. [00:59:16] Yes, very definitely. [00:59:17] Kelly, if you're watching, thank you from the bottom of all our hearts. [00:59:26] We appreciate you. [00:59:28] There's no further discussion. [00:59:29] All those in favor, please signify by saying aye. [00:59:32] Aye. [00:59:33] Opposed? [00:59:34] Like sign. [00:59:35] Motion passes. [00:59:36] Next, Fire Station No. 2 Replacement Project Task Order No. 1. [00:59:39] The task order, Mr. Mayor, is for the professional architectural and engineering services necessary
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- 10.d
Fire Station No.2 Replacement Project Task Order No.1 - Engineering Services
approvedCouncil approved a task order with Spring Engineering for $216,500 for engineering services on the Fire Station No. 2 Replacement Project. Staff negotiated down from the top-ranked firm Wanamaker Jensen after their proposals ($298,000, then $265,000) were deemed above market.
- motion:Authorize staff to enter into Task Order No. 1 with Spring Engineering for engineering services on the Fire Station No. 2 Replacement Project. (passed)
Fleischman GarciaSpring EngineeringWanamaker JensenChief FitchRobert RiveraFire Station No. 2 Replacement ProjectTask Order No. 1▶ Jump to 59:40 in the videoShow transcriptHide transcript
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[00:59:50] to plan for the Fire Station No. 2 project. [00:59:59] As you'll [01:00:00] Paul, back in March, the city staff was before you. [01:00:05] And at that time, our recommendation [01:00:08] was to rank three very qualified candidates for the project, [01:00:17] the first of which was Wanamaker Jensen, the second of which [01:00:23] was Spring Engineering, and the third of which [01:00:26] was Fleischman Garcia. [01:00:30] Under the terms of the state act, [01:00:32] we asked Wanamaker Jensen for a proposal [01:00:36] which would cover the fees associated [01:00:38] with the planning and contract administration for the project. [01:00:43] Their original proposal to us was [01:00:46] in the amount of $298,000, which represents about 15% [01:00:53] of the construction budget. [01:00:55] The staff felt that, in lieu of current economic times, [01:00:59] that that was a high number. [01:01:01] And therefore, we asked them to sharpen their pencils. [01:01:04] They did somewhat, came back to the city [01:01:07] with a price of roughly $265,000. [01:01:12] And the staff felt that that number was still [01:01:19] above market for the work necessary for the project. [01:01:26] Therefore, we entered into negotiations [01:01:29] with the second ranked firm, which was Spring Engineering. [01:01:33] Spring Engineering originally proposed $230,000 [01:01:40] for their work on the project. [01:01:42] They, too, were asked to sharpen their pencil, at which time [01:01:45] they presented a proposal in the amount of $216,500. [01:01:51] And the recommendation before you this evening [01:01:56] is to approve authorizing the staff [01:02:00] to enter into a task order with Spring Engineering [01:02:03] for the project. [01:02:05] They have had a good amount of experience [01:02:08] with fire station projects, and their references [01:02:12] were quite good. [01:02:14] And Robert Rivera and Chief Fitch [01:02:18] worked along with me on this project. [01:02:21] And we're prepared to respond to any questions [01:02:23] that you may have of us. [01:02:24] Very good. [01:02:26] Open it up for public comment. [01:02:28] Seeing no one come forward, bring it back to council. [01:02:31] Move for approval. [01:02:32] And what are we doing with the $70,000? [01:02:35] Just kidding.
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- 10.e
WWTP Influent Pipe and Valve Replacements Project Closeout
Mr. Rivera presented a project closeout for the Wastewater Treatment Plant Influent Pipe and Valve Replacements project, requesting approval of a deductive change order of $6,753.06 and a final pay request not to exceed $65,534.88 from Lyric Services Incorporated. The contractor completed phase one work installing a 20-inch ductile iron pipe, abandoning and grouting the old line, and installing isolation valves on tanks three and four.
▶ Jump to 1:02:36 in the videoShow transcriptHide transcript
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[01:02:37] We will need it for the building. [01:02:39] Mr. Murphy, you had the second, I believe. [01:02:41] OK. [01:02:42] Did you have any comments? [01:02:45] I am familiar with Mr. Beckett from Spring Engineering, [01:02:48] and he does some fabulous work. [01:02:49] They've been around a long time. [01:02:51] Mr. Altman? [01:02:52] Yeah, I have a contrary opinion based on knowledge of the work [01:02:56] that they did on a project I'm aware of. [01:02:58] So they're problematic. [01:03:02] So I'm not so crazy about them, but keep an eye on them. [01:03:10] Deputy Mayor? [01:03:11] No comments, thank you. [01:03:14] We'll go with staff on this one. [01:03:16] Any further discussion? [01:03:18] All those in favor, please signify by saying aye. [01:03:20] Aye. [01:03:21] Opposed, like sign? [01:03:22] No. [01:03:24] Motion passes 4 to 1. [01:03:26] Next, Wastewater Treatment Plant Influent Pipe and Valve [01:03:29] Replacements Project Closeout. [01:03:31] Mr. Rivera will present the agenda item. [01:03:34] And we are asking for a deductive change order, [01:03:37] as well as approval on a final pay request. [01:03:41] So the deductive change order is in the amount of $6,753.06. [01:03:48] And the final pay request is in the amount [01:03:52] not to exceed $65,534.88. [01:03:57] This is from Lyric Services Incorporated. [01:04:00] They are the ones that completed the phase one [01:04:03] work, where they took and installed the permanent pipe. [01:04:08] That was a 20-inch ductile iron pipe to tanks one and two [01:04:13] from the headworks to the tanks. [01:04:15] They also were the ones that abandoned the line [01:04:17] and grouted it, which that was also a 20-inch. [01:04:21] And then they installed the isolation valves [01:04:24] on tanks three and four. [01:04:27] And so while this item wasn't budgeted [01:04:29] due to the plant's operational procedures
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- 11Communications▶ 1:04:30
- 12Adjournment▶ 1:23:18
- 5