April 19, 2016 Regular City Council Agenda
Transcription
April 19, 2016 Regular City Council Agenda
CITY COUNCIL REGULAR MEETING CITY OF NEW PORT RICHEY NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS 5919 MAIN STREET, NEW PORT RICHEY, FLORIDA April 19, 2016 7:00 PM AGENDA ANY PERSON DESIRING TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, WITH RESPECT TO ANY MATTER CONSIDERED AT ANY MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE LAW DOES NOT REQUIRE THE CITY CLERK TO TRANSCRIBE VERBATIM MINUTES; THEREFORE, THE APPLICANT MUST MAKE THE NECESSARY ARRANGEMENTS WITH A PRIVATE REPORTER (OR PRIVATE REPORTING FIRM) AND BEAR THE RESULTING EXPENSE. (F.S.286.0105) ORDER OF BUSINESS 1. Call to Order – Roll Call 2. Pledge of Allegiance 3. Moment of Silence 4. Approval of the April 4, 2016 Regular City Council Meeting Minutes Page 3 5. Oaths of Office: Elected Candidates 6. Selection of Deputy Mayor 7. Proclamation - Beta Sigma Phi Day Page 9 8. Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda 9. Consent Agenda a. Purchases/Payments for City Council Approval Page 10 10. Public Reading of Ordinances a. b. Page 1 Second Reading, Ordinance 2016-2076: Golf Cart Operation on City Roadways Second Reading, Ordinance 2016-2077: Code Amendment - Front Porches Page 12 Page 20 c. First Reading, Ordinance 2016-2083: Code Amendment - Mobile Home Park District Page 32 11. Business Items a. b. c. d. e. f. g. h. i. Consideration of Appointments to Intergovernmental Committees Resolution 2016-09 - Imposing & Assessing Cost of Abatement and Removal of Unsafe Structure at 6035/6037 High Street Resolution 2016-12: Historic Preservation Small Matching Grant Bid Award: RFQ 16-011, Recreation Center Fitness Equipment 2013 Sewer Improvements Project Close-Out Notice of Intent to Purchase Utilities City Manager Performance Evaluation Three-Minute Report: Finance Three-Minute Report: Fire Page 36 Page 37 Page 55 Page 60 Page 72 Page 80 Page 166 12. Communications 13. Adjournment Agendas may be viewed on the City's website: www.citynpr.org. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990 and Section 286.26, Florida Statutes, all persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk, 727-853-1024, not later than four days prior to said proceeding. Page 2 MINUTES OF THE CITY COUNCIL REGULAR MEETING CITY OF NEW PORT RICHEY NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS 5919 MAIN STREET, NEW PORT RICHEY, FLORIDA April 5, 2016 7:00 PM ORDER OF BUSINESS 1. Call to Order – Roll Call The meeting was called to order by Mayor Rob Marlowe at 7:00 pm. Those in attendance were Deputy Mayor Bill Phillips, Councilman Chopper Davis, Councilman Jeff Starkey, and Councilwoman Judy DeBella Thomas. Also in attendance were City Manager Debbie Manns, City Attorney Joseph Poblick, City Clerk Doreen Summers, Library Director Susan Dillinger, Finance Director Crystal Feast, Fire Chief Chris Fitch, Economic Development Director Mario Iezzoni, Senior Planner Chris Mettler, Public Works Director Robert Rivera, Parks and Recreation Director Elaine Smith, and Technology Solutions Director Bryan Weed. 2 Pledge of Allegiance The Pledge of Allegiance to the Flag was led by Boy Scout Troop 177 of the Gills YMCA, who are working toward their Citizenship badge. 3 Moment of Silence A moment of silence was held to honor American servicemen and -women serving at home and abroad. 4 Approval of the March 8 Regular, March 10 Work Session, and March 22 Special Meeting Minutes Motion was made to approve the minutes as presented. Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey Page 3 5 Swearing-In: Firefighters Robert LaChance and Wayne Lawson 6 Proclamation: Donate Life Month 7 Proclamation: National Library Week 8 Proclamation: National Volunteer Week and CARES Volunteer Recognition 9 Proclamation: State Initiative for Health and Wellness 10 Proclamation: Volunteer Recognition Day 11 Proclamation: Water Conservation Month 12 Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda Upon opening the floor to Vox Pop, The West Pasco Historical Society representative Dan Callahan came forward to express his appreciation for the Veteran's Walk at Orange Lake. The Historical Society has compiled a list of all the named bricks, a copy of which he presented to each member of the Council. City resident Andrew Bocchetti voiced several concerns. He expressed surprise at receiving a 1099 form for water and learning that although he never received one before, they should always have been issued. He suggested that the funds be moved to a non-interest bearing account to avoid future 1099s. He reiterated his previous reportage of open, frequent drug trafficking on Euclid Avenue, and commented regarding lack of assistance from City police. City Manager Manns stated she would advise Council when a meeting would be scheduled between Mr. Bocchetti and Chief Bogart. None else coming forward for Vox Pop, Mayor Marlowe returned the floor to Council. 13 Consent Agenda A motion was made by Deputy Mayor Bill Phillips to approve all minutes except the Police Pension Board minutes, which he asked to pull for discussion. His motion was seconded by Councilman Starkey and passed unanimously. Deputy Mayor Phillips commented regarding the tardiness of the Police Pension Board minutes, especially in notations of pension negotiations. He asked to have Police and Fire Pension Board representatives present when the City budget planning began. Motion was made to accept the Consent Agenda in its entirety. Motion made by Bill Phillips and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey a Parks and Recreation Advisory Board Minutes - February 2016 b Approval of the Cultural Affairs Committee, Environmental Committee, and Police Pension Board Minutes c Purchases/Payments for City Council Approval 14 Public Reading of Ordinances a First Reading, Ordinance #2016-2073: Code Amendment - Urban Agriculture City Attorney Poblick read the proposed ordinances by title only. Deputy Mayor Phillips commented that the ordinances did not address whether urban agriculture could be allowed on rental properties. Councilman Davis asked for a work session prior to a vote being taken, in order to study the ordinances thoroughly. Pasco County Food Policy Advisory Council member Travis Morehead stated that a like ordinance was planned for County enaction, and that the evening's proposed ordinances would motivate individuals to Page 4 move to the City. Business owner Frank Starkey was in favor of the ordinances' passage, stating that he found them to be well-written. City resident Don Cadle mentioned that he was the only Land Development Review Board member to recommend the ordinances, and that the urban agriculture movement was not a new concept. Virginia Avenue resident Jim Kovaleski reported that his home's street was now known as the "garden district", and that the street's property values were increasing because of it. Although she was a City rental property tenant, Faye Kroblik stated she was also an urban gardener. She was in favor of the ordinances because of the increase in community involvement and resident interaction. Also in favor was City resident Steve Wexler, who stated his and neighbors' gardens created a positive energy that brought about their neighborhood's commonality and unification, and brought residents together. City resident Cindy Cadle stated she was a grower and a Tasty Tuesday participant. She reported the event's recent SNAP/EBT acceptance, which not only grew the event's size, but helped provide healthy food for those in the community for less outlay than chain-store supermarkets' prices. City resident Denise Houston stated that the ordinances would attract the type of people the City desired as residents. Will Clark reported that the Virginia Avenue vista was what decided them to move to New Port Richey. Environmental Committee Chair Dell deChant stated he was very impressed with the ordinances' wording, and recommended passage. He reiterated the City's prospective improvement and that the gardens would be well cared for by their owners and not neglected, causing code enforcement issues. None else coming forward for public comment, Mayor Marlowe returned the floor to Council. Councilman Starkey did not see the need for a work session, stating that the ordinances were trendsetting and that residents taking part in the program would take care of their gardens. Councilwoman DeBella Thomas questioned why hydroponics were not allowed in back yards, and suggested garden design guidelines to prevent a blighted appearance, plus photographs of residents' gardens. Additionally, she questioned why a permit would be required to grow food for one's own use. Mayor Marlowe was in favor of allowing urban agriculture in homes' front yards. Deputy Mayor Phillips stated he would vote in favor of the ordinances upon first reading, but asked for a work session to further clarify the ordinances prior to their second reading, which would occur after the State's DEO approval. Councilman Davis commented that the City's 45% renter population would not maintain their gardens and would eventually move out, leaving ruined yards behind. Also, he felt that standing water in buckets and pails would contribute to mosquito breeding. Motion was made to approve the ordinance upon its first reading. Motion made by Jeff Starkey and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey b First Reading, Ordinance #2016-2074: Comprehensive Plan Amendment - Urban Agriculture Motion was made to approve the ordinance upon its first reading. Motion made by Jeff Starkey and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey c First Reading, Ordinance #2016-2076: Golf Carts on City Roadways City Attorney Poblick read the proposed ordinance by title only, noting the following corrections. Section 9.10, a: strike through "Bank St." and replace with "Grand Blvd." Section 9.10, d: strike through "from Gulf Dr. to Louisiana Ave." and replace with "south of Gulf Page 5 Dr." Upon opening the floor to public comment, City resident Sean McCart thanked the City for the ordinance, and asked if there would be reciprocity with Port Richey. Additionally, he asked for carts to be allowed on that section of Indiana Avenue (9.10, h) that was excepted due to emergency vehicle use. He questioned why there was a minimum 5-year age limit if the ordinance required carts to have seat belts. City Attorney Poblick informed City resident Joan Nelson Hook that registered street-legal carts would not require a City inspection. None else coming forward for public comment, Mayor Marlowe returned the floor to Council. Deputy Mayor Phillips commented that Port Richey needed to select a new city manager before reciprocity could be discussed. He suggested cart regulations for Sims Park. In response to Councilwoman DeBella Thomas's query, City Attorney Poblick stated he would add an exception for rented/loaned golf carts for special event organizers. Councilman Davis suggested that a cart-allowed street map and a copy of cart guidelines be supplied to City residents when they applied. Mayor Marlowe suggested cart charging stations. Both Mayor Marlowe and Councilman Starkey questioned Woodridge Estates cart access; Public Works Director Rivera responded that the portion of Congress Street in question was County-owned. Motion was made to approve the ordinance upon its first reading. Motion made by Bill Phillips and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey d First Reading, Ordinance #2016-2077: Code Amendment - Front Porches City Attorney Poblick read the proposed ordinance by title only. Senior Planner Chris Mettler added that a grant allowed porch construction reimbursement if the minimum income requirement was met. Upon opening the floor to public comment, business owner Frank Starkey voiced his approval of the ordinance, stating that front porches would increase neighbors' interaction and property values. None else coming forward for public comment, Mayor Marlowe returned the floor to Council. Deputy Mayor Phillips suggested allowing porch cover variants such as pergolas. Motion was made to approve the ordinance upon its first reading. Motion made by Judy DeBella Thomas and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey 15 Business Items a Cotee River Seafest - Alcoholic Beverage Special Event Permit None coming forward for public comment, Mayor Marlowe returned the floor to Council. Deputy Mayor Phillips asked to be provided with a list of Main Street board members and their contact information. He suggested moving vendor placement to minimize landscape damage and provide clear vistas. Motion was made to approve the permit. Motion made by Chopper Davis and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey b RESTORE Act Subaward Agreement: City of New Port Richey and Pasco County This item was tabled. c Page 6 Pinehill Park Lease Agreement None coming forward for public comment, Mayor Marlowe returned the floor to Council. Deputy Mayor Phillips suggested a review of the agreement in its second year, to consider returning the property to City jurisdiction. Councilman Starkey concurred, stating that the County had no plans to improve the property and that it was too small to accommodate its current users. Motion was made to approve the agreement. Motion made by Bill Phillips and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey d 2015/2016 Roadway Striping Project None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the agreement. Motion made by Bill Phillips and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey e Grand Boulevard Vacation of Right of Way None coming forward for public comment, Mayor Marlowe returned the floor to Council. Deputy Mayor Phillips suggested reviewing the resolution to ensure it was not overridden by Ordinance One. Motion was made to approve the resolution. Motion made by Judy DeBella Thomas and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey f Invitation to Bid-16-009, As Needed Misc. Pipeline Construction Bid Award None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the bid. Motion made by Bill Phillips and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey g Summary of Uncollected Special Events Mayor Marlowe, Deputy Mayor Phillips, and Councilman Starkey commented regarding the Finance Department's failure to bill special events for City expenditures. City Manager Manns responded that Fiscal Year 2014-2015 expenditures were being invoiced, and most organizations were grateful to be able to balance their books. No action was required. h Three-Minute Report: Library No action was required. i Three-Minute Report: Technology Solutions No action was required. 16 Communications Councilman Starkey reported the successful Police Department prostitution sting, in which ten "johns" were arrested; City Manager Manns added that a press release was issued. Mr. Starkey reminded those assembled to vote in the April 12 City election, and to encourage others to do so. Councilman Davis stated he was pleased with the City's economic development. Councilwoman DeBella Thomas was pleased with the sting's outcome, and expressed her pride for the City's police force. She thanked City staff for the bridge flags and their beautification efforts. She reported the Holiday Rotary's Chasco Parade presence, and commended Public Works for their first-place float win; she asked that those employees attend the April 19 Council Meeting to be officially recognized and thanked. Page 7 Deputy Mayor Phillips also expressed his thanks for a successful parade. He reported his Raise the Roof attendance, and noted Sims Park's positive atmosphere. He asked to meet the new Main Street director, and reminded those assembled of the April 9 Skylar Diggins event at the Recreation & Aquatic Center. Mayor Marlowe was pleased with the Chasco Fiesta attendance, and noted that even at 9:00 pm the park and playground were full. He suggested a discussion with the Chasco Fiesta event coordinators regarding inebriated parade attendees who then congregated in Sims Park afterwards. 17 Adjournment There being no further business to consider, upon proper motion, the meeting adjourned at 9:53 pm. (signed) ______________________________________ Doreen M. Summers, CAP-OM, CMC, City Clerk Approved: ____________________ (date) Initialed: ____________________ Page 8 (Ma?oHIp><Aipr City Of New Port Richey litxiribttmfiim TtWE(%EA?> (BetaSigma<Pfd,the w. orCcCsCargestQree^ktter-women's service, is ce(e6rating its 85thfounder's (Dayanniversary; and IW} St^!^S,the(BetaSigma.ffiiisasociaC,cuCturaC, andserviceorganizationfor women; and f^WEV^S, the (Beta. Sigma cpfiiis the Cargest sorority, witfi 150, 000mem6ers representing more thantencountries tfiroiigfiout the'wortd; and. <WJfES^S,five chapters are (ocatedinNew(Port<Syhey, 'Fforida, they Being <Preceptor(EtaSigma, XlLam6d'a^DeCta, Xl Xl VpsiCbn, Omicron'Kappa, andLaureate Zeta. Wu,- and. 'WJfE.V^S, tfie Badge of the organization shaCC signify Cife, Cecmnng and fnendsftip 6yits Qree^symBoCs, (BetaSigma<Plii; and tWJ{tEIS^^S, themembers heEponeanotfiertfirougfi the IntemationaCLoan Tund; the sorority tfirougfi the IntemationaCCEncfowment Tuwffias donated'one miCCion dollars to cancerresearch, cysticfiBrosis, a.nd'liomesforuntfer-privikgedcfviCcfren; tfieir'E^empCar Tund. heCps support a Library Village in India; and they have estaBCisfied' a CoCkge Scfiofarsfnp fund'fortheirmem6ers ortheirmembers' sons ordaugfiters. {WyW, {lWE<Kf. <FO<Sf., I, (Rp6Marhwe, Mayor of'theCity of'N'ew(Port<Kicfwy, do fiere6yprocCaim^priC30, 2016as f ^W^ ^ in the City ofr New (Port <S^chey, and I urge aCt citizens of the City to recognize this organization andsupport them in estaBCisfiing tfieirgoats andwortfvwhiCe endeavors. A^-A^.. t. i.is.ofLI haus. hs.is.unbo is.i m -.^ ui is.a. t to £r£ afhxsci, r /* <../ ATTEST:. DATE:. Page 9 . TO: City of New Port Richey City Council FROM: Crystal S. Feast, Finance Director DATE: 4/19/2016 RE: Purchases/Payments for City Council Approval . REQUEST: The City Council is asked to review the attached list of purchases and expenditures and authorize payment. DISCUSSION: Section 2-161 of the City Ordinance requires approval of the City Council on purchases and payments in excess of $25,000. RECOMMENDATION: It is recommended that the City Council authorizes the payment of the attached list of purchases and expenditures. BUDGET/FISCAL IMPACT: The purchases and expenditures presented have already been budgeted for. Expenditures will be included in the fiscal year-end reporting. ATTACHMENTS: Description Purchases/Payments for City Council Approval Page 10 Type Backup Material PURCHASES/PAYMENTS FOR COUNCIL APPROVAL D. L. Porter Constructors, Inc. Project: Hacienda Hotel Restoration 99% work has been completed Draw #4 $279,976.37 RECURRING EXPENDITURES OVER $25,000 Fiduciary Trust Int’l of the South (Police Pension 03/23/16) Merrell Bros. Inc. (Sludge Hauling) Page 11 38,776.41 31,600.49 . . TO: City of New Port Richey City Council FROM: Joseph A. Poblick, City Attorney DATE: 4/19/2016 RE: Second Reading, Ordinance 2016-2076: Golf Cart Operation on City Roadways REQUEST: The request is approve Ordinance No. 2016-2076 relating to the use of golf carts on city roadways. DISCUSSION: The use of golf carts on municipal roadways throughout Florida has become widely accepted. By implementing this Ordinance to regulate and authorize golf carts upon City roadways, the City will be promoting the public purpose of providing alternative means of transportation while reducing the impact on parking within the downtown area. The permitted area of operation shall be city roadways east of U.S. 19, with the exception of Main St., Congress Ave., Madison St., Grand Blvd., and Massachusetts Ave. Each golf cart operated on City roadways will be required to have brakes, turn signals, a horn, rear-view mirror, reflectors on the front and rear, and safety/seat belts. Those golf carts operated at night shall are also required to have headlights. Additionally, any golf cart operated on City roadways will be required to be inspected and registered with the City. Operators shall be at least 16 years of age with a valid driver’s license and insurance. As you recall, this ordinance was presented to you for your consideration at your April 5, 2016 City Council meeting. The two corrections reflected in Section 9.10 - Area of Legal Operation referencing Grand Boulevard and Gulf Drive have been made and the ordinance that is presented to you this evening is the final and completed draft. RECOMMENDATION: Staff recommends approval of the proposed Ordinance as submitted. BUDGET/FISCAL IMPACT: No funding is required for this item at this time. ATTACHMENTS: Description Ordinance 2016-2076, Golf Cart Operation on City Roadways Page 12 Type Ordinance Page 1 of 7 pages ORDINANCE NO. 2016-2076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW PORT RICHEY, FLORIDA, CREATING ARTICLE IX, GOLF CARTS AND SECTIONS 9.0 THROUGH 9.12; PROVIDING FOR THE OPERATION OF GOLF CARTS UPON DESIGNATED CITY STREETS; PROVIDING FOR MANDATORY EQUIPMENT REQURIEMENT; PROVIDING FOR RESTRICTIONS RELATING TO THE OPERATION OF GOLF CARTS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council has legislatively determined that the operation of golf carts pursuant to 316.212 Florida Statutes, may safely be operated on certain designated streets within the City, and specifically finds that golf carts may safely travel on or across the public roads or streets designated by this Ordinance. WHEREAS, the City Council further finds that it has considered the factors regarding the public safety of such golf cart operation including the speed, volume and character of the motor vehicle traffic using the designated streets and has, therefore, determined that golf carts may be safely operated on said designated streets, and that appropriate signage shall be placed within the City to indicate that such operation is permitted; and WHEREAS, the crossing of state or county roads shall be prohibited without the permission of the appropriate governmental authorities; and WHEREAS, golf carts may be operated on City streets only during the hours from sunset and sunrise, if such golf carts are equipped with headlights, brake lights, turn signals, a windshield and other features as required by this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW PORT RICHEY, FLORIDA: Section 1. That the Code of Ordinances of the City of New Port Richey, Florida is amended to create Article IX , Golf Carts, consisting of section 9.0 to 9.12 inclusive, to read as follows: Section 9.0 Definitions. a. Designated Streets shall mean the streets within the City of New Port Richey authorized for golf cart use. b. Golf Cart shall mean a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes, as defined in Chapter 320.01(22) Florida Statutes, and golf carts modified to be a low speed vehicle, as defined in Chapter 320.01(41). c. Operator shall mean any person who has a valid driver’s license. d. Permit shall mean an official authorization from the City designating that the golf cart to which the authorization is affixed meets the requirements of this ordinance. Page 13 Page 2 of 7 pages e. Safety/Seat Belt(s) shall mean a belt assembly that meets the requirements established under Florida Statute 316.614. Section 9.1 Use of Golf Carts upon designated city streets. It shall be lawful for a person holding and in possession of a valid driver’s license to operate a golf cart, as defined by Section 320.01(22), Florida Statute, upon certain designated roadways east of U.S. 19 and within the boundaries of the City of New Port Richey, Florida. See Exhibit “A”. No such golf cart shall be operated on any other portion of the right-of-way of city, county, or state roads except the paved portion of the right-of-way of said street, and there shall be no operation of golf carts on sidewalks, within City parks or other portions of City lands, right-ofways or City streets except as specifically designated herein. All use of golf carts on designated City streets shall be in strict accordance with Florida Statute 316.212 or any amendments thereto and/or any other provisions of Florida Statutes regulating the use of golf carts on public streets. All persons operating a golf cart on City streets must comply with all other applicable traffic laws. Nothing herein shall relieve the operator of a golf cart from compliance with all laws and ordinances otherwise pertaining to the operation of a vehicle. Section 9.2 Crossing State and County Roads. Nothing herein shall be deemed to authorize the operation of a golf cart on a state or county road or right-of-way or to allow the crossing of a state or county road other than at such crossing(s) and in such location(s) as may be permitted and specified by the State of Florida, or administrative agency thereof, or by Pasco County. Section 9.3 Licensed Use; Revocable. The operation of a golf cart on designated City streets shall be deemed to be a licensed use of those streets and to be revocable upon the discretion of the City Council in its legislative capacity based on its consideration of the health, safety and welfare of the public arising from such use. The issuance of a license or other permission for the operation of golf carts on City streets shall not limit or otherwise preclude the City Council from the amendment of this Article, revocation of this Article, contracting or expanding the streets on which golf carts can be operated, or any designated crossing points which may be designated by the State or County. All persons operating golf carts on City streets under this license from the City of New Port Richey shall do so on the condition that there shall be no claim for any monetary loss or other claim for the loss of allowed golf cart operation on such streets or any monetary claim therefore based on a claim for action in reliance of the provisions of this Article. The City Council retains the unlimited legal authority to revoke, amend or otherwise legislate as to the operation of golf carts on City streets without liability of any kind arising from its legislative decisions. Page 14 Page 3 of 7 pages Section 9.4 Waiver of Claim. Any person operating a golf cart enjoying a license for such purpose and all persons who are passengers in such golf cart shall be deemed to have waived any claim against the City for its legislative decision to allow the operation of such golf carts on designated City streets in compliance with this Article, and this Article is declared by the City Council to be a legislative act of the City pursuant to the authority granted by state statute. Section 9.5 Parking. Golf carts operated on designated City streets, when parked in public parking spaces, such golf carts shall be parked in a manner within such space to allow for another golf cart to park side by side or in another fashion that allows either golf cart to leave the space when desired. It shall be the obligation of each golf cart operator to park the golf cart in a manner that will allow the use of the public parking space by another golf cart. This section shall be applicable to such areas as are specifically designated for vehicle parking use either on City streets or off the right-of-way of City streets, in parking lots owned and controlled by the City, or in such other areas as are designated by signage or ground marking for such usage, and on public lands specifically allowing such use. Identified handicapped parking spaces may be used by golf carts complying with the law for use of these spaces by vehicles. Golf carts are not permitted to be parked on any grass area. Section 9.6 Driver’s License. All persons operating a golf cart on a designated City street shall be at least 16 years of age and be in possession of a valid driver license. It shall be unlawful for a golf cart to be operated on any designated City street by any person who is not in possession of a valid driver license. No person may operate a golf cart on City streets who has a suspended or revoked driver license, per Florida Statute 322, et seq. Section 9.7 Registration of Golf Carts. All golf carts operating on City streets, prior to such operation, shall be inspected by and registered with the City of New Port Richey Police Department on an annual basis by such person and in such manner as is administratively determined by the City Manager. The registration process shall include the payment of an annual registration fee in the amount of Twenty-Five Dollars ($25.00). An inspection to verify the presence of required equipment shall be conducted by the New Port Richey Police Department, as a condition of registration and operation of a golf cart on City designated streets. Decals reflecting a valid city registration must be visibly affixed to each registered golf cart on the back driver’s side of said golf cart in a location that is easily visible to law enforcement personnel. Such registration decal must be current at all times the golf cart is operated on City streets. No registration is required for golf carts which are not operated on City streets. Page 15 Page 4 of 7 pages All registrations must be renewed annually during January. Owner’s re-registering after January 31st of each year will be considered expired until they re-register and shall not be permitted to operate a golf cart on designated City streets. Driving a golf cart without a current registration: a. First offense, $50.00; b. Second offense, $100.00; and c. Third offense, $150.00, plus registration revoked for one (1) year. Section 9.8 Required Equipment. All golf carts operated on designated City streets must be equipped with functioning: brakes, turn signals, brake lights, safety belts, reliable steering, horn (meeting the standards of Chapter 316.271, Florida Statutes), safe tires, and rearview mirror. Red reflectorized warning devices shall be affixed in both the front and rear of such golf cart, at all times the golf cart is operated on designated City streets. All golf carts operated between sunset and sunrise on designated City streets shall also be properly equipped with functioning: headlights and a windshield. Section 9.9 Designated Streets. The City streets within the borders delineated on the Exhibit “A” attached hereto and labeled, “New Port Richey Golf Cart Boundary” are designated City streets on which golf carts may be operated, and only in those designated areas. It shall be unlawful for a golf cart to cross a state or county road. Section 9.10 Area of Legal Operation. The portion of jurisdictional boundaries of New Port Richey east of U.S. 19 is the only areas in which a golf cart may be lawfully operated. Operation of golf carts on the following roadways is prohibited: a. b. c. d. e. f. g. h. i. Main St., with the exception of Main St. from Grand Blvd. to River Rd.; Congress St.; Madison Ave.; Grand Blvd. from Gulf Dr. to Louisiana Ave. Massachusetts Ave.; Marine Parkway from U.S. 19 to Grand Blvd.; Louisiana Ave. from Madison Ave. to Congress St.; Indiana Ave. from Madison Ave. to Congress St.; and Trouble Creek Rd. Crossing of streets shall be at a 90 degree angle and only at cross streets. Page 16 Page 5 of 7 pages Section 9.11 Number of Occupants, Speed, Required Insurance and Miscellaneous. (a) The number of occupants in any golf cart being operated on the designated City streets of the City of New Port Richey shall be restricted to the number of seats on the golf cart, not exceeding the number of persons for which the golf cart was designed and which is consistent with the number of seats provided by the golf cart manufacture. Occupants under five (5) years of age are not permitted. All occupants shall be restrained by a safety belt, appropriately adjusted which is fastened at all times when the golf cart is in motion. (b) It shall be unlawful for any occupant of a golf cart to stand at any time while the golf cart is in motion. (c) All golf carts permitted to travel on designated City streets within the City of New Port Richey shall have a maximum attainable speed of twenty miles per hour (20 m.p.h.). (d) It is unlawful for a person to drive a golf cart at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with the law. It is the duty of the operator of a golf cart to leave the paved surface of a designated street to allow other motor vehicles to proceed at a lawful speed on such street as an exception to Section 9.1 and subparagraph (e) below. (e) It is unlawful for a golf cart to be operated on City sidewalks, rights-of-way and other location on which a motor vehicle cannot be operated, and as proscribed by state statute or City ordinance, except for compliance with subparagraph (d) above. (f) It shall be unlawful for any golf cart to be operated on the designated streets of the City unless and until the owner(s) thereof has purchased liability insurance insuring against personal injury and damage to property relative to the operation of golf carts on said designated City streets. The said insurance must be in full force and effect at all times the golf cart is operated on designated City streets. Proof of insurance must be presented to the City upon registration and licensing of the golf carts to operate on designated City streets, and to a law enforcement officer or Code Enforcement Officer upon request. Section 9.12 Enforcement. A violation of this Article is enforceable as a violation of City Code as a Class IV violation, or as a noncriminal traffic infraction, punishable pursuant to Chapter 318, Florida Statutes, as either a moving violation or nonmoving violation. The provisions of this Article may be enforced by law enforcement offers and as to such matters not requiring action only by a law enforcement officer, by both City Code Enforcement Officers and/or law enforcement officers. Failure to pay a citation shall result in revocation of the license to operate a golf cart on City streets. In addition, other avenues for the enforcement of violations of this ordinance may be enforced by New Port Richey Code Enforcement and/or Police Department, as their jurisdiction and legal authority allows. Page 17 Page 6 of 7 pages Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City of New Port Richey City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of New Port Richey Code of Ordinances; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 4. Effective Date. This Ordinance shall have an effective date of June 1, 2016. The above and foregoing Ordinance was read and approved on first reading at a duly convened meeting of the City Council of the City of New Port Richey, Florida, this 5th day of April, 2016 and adopted on second reading at a duly convened meeting of the City Council of the City of New Port Richey, Florida, this 19th day of April, 2016. ATTEST: By: _________________________________ Doreen M. Summers CAP-OM, CMC City Clerk By: __________________________________ Robert Marlowe Mayor-Council Member (Seal) APPROVED AS TO FORM AND LEGALITY FOR THE SOLE USE AND RELIANCE OF THE CITY OF NEW PORT RICHEY, FLORIDA: _______________________________________ City Attorney, Joseph A. 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Color) CHESHAM DR CO AT ST BART ON ST U GE DA QUEEN PALM DR KNI GHTSBRIDGE DR SUT TERS MIL L RD ARM STRONG CT DEVRIES DR AL BEMARL E PKWY Exhibit "A" - Golf Cart Use Boundaries OLYMPIA ST B VA REEF DR SEAHORSE DR S SA MALUS DR PUEBLO AV GREY ST GREY ST GALAXY DR Ordinance #2016 - 2076 RENO AV ASHEN AV CO OK ST SEAFO AM DR VICKERS DR CO LUM BIA DR P B LV BUT TE AV CT KEELBO AT PL DRI FT TIDE DR ADM IRAL DR SHELL DR R ER Prepared by: Development Page 19 Department 4/7/16 ST EAM BOAT CT PORT OL A AV SUWANNEE DR A TWIN BEND LP SUNSHINE PARK DR Permitted River Crossing GLISSADE DR TIDAL PO ND RD SH RIV IL Y DR CHARL ENE L A NAT CHEZ DR L CANNA CAT HERINE ST BL UE CORAL WY ST ONE Prohibited Roadways AL MA ST DR TERRY LP AL PS WY ERIE DR TUCKER SQ SUNSTAT E DR SUM MERSUN CO TT ONWOOD DR EVANS AV Prohibited Use Area HENDERSON ST SPRING L AKE CT RU PAL OVERDE DR GULF SHO RE CT ST IC DR HO RSEY AV TROUBL E CREEK RD DR D O AD MO OR DR DR . . TO: City of New Port Richey City Council FROM: Lisa L. Fierce, Development Director DATE: 4/19/2016 RE: Second Reading, Ordinance 2016-2077: Code Amendment - Front Porches REQUEST: Council is to conduct a (second) public hearing of the ordinance. DISCUSSION: The City Council held a first hearing on the proposed amendments addressing front porches on April 5, 2016. The Development Department would like to encourage residents to add front porches to their homes, in order to improve the appearance of residential neighborhoods, encourage social interaction among neighbors, create a safer environment and improve property values. The existing single-family residential zoning district setback standards may prohibit the construction of front porch additions to many existing single-family homes without a variance approval. Therefore, the Staff proposes amending the setback standards to encourage and accommodate the provision of front porches on single-family homes in the City’s residential neighborhoods. The proposed ordinance provides a definition of “front porch” that identifies the required minimum elements of a front porch, as follows: “(a) covered structure attached to the front of a dwelling unit and providing the following elements: providing primary access into the dwelling unit; typically having a separate roof; unenclosed except for a roof, balustrade, and flooring; extending a minimum of 50 percent of the building façade; having a minimum 10-foot depth; and having a floor that is typically raised above the finished horizontal elevation of the lot. The design elements of the porch are typically consistent with those of the building and include the finish materials of any exterior surface, stem wall materials and/or foundation skirting.” The ordinance amends the setback regulations in the R-1, R-2 and R-3 single–family residential zoning districts to accommodate front porches in front yards and secondary front yards (side yards facing a public roadway). The amendments allow covered porches to extend 10 feet into the required front yard setback, but not closer than 10 feet to the front property line. The setbacks would then be reduced from 25 feet to 10 feet. Alteration of the porches to form enclosed or air-conditioned living spaces is prohibited and the porches are required to maintain at least 80 percent openness and may not be screened. This will further the goal of encouraging interaction amongst neighbors. The City’s Home Improvement Reimbursement Grant (HIRG) program promotes “street friendly” housing by encouraging homeowners to include porches, windows and doors oriented to the street and parking to the side or rear of the home. The program promotes a sense of community by encouraging residents to spend time in their yard and on their front porch. The front porch provision is an eligible improvement under the HIRG program. The proposed new language is shown with underlining and deleted language is shown with strikethrough. Compatibility with Comprehensive Plan: The proposal is consistent with the following Comprehensive Plan objectives and policies: FLU Objective 1.2 - Maintain the integrity and quality of life, in existing residential areas through decision making that promotes traditional neighborhood development, family-orientation and “small town” character. FLU Policy 1.2.5 - The conservation, maintenance and rehabilitation of existing residential areas shall be Page 20 encouraged. LIV Policy 1.1.1 - Encourage new development and redevelopment to utilize traditional neighborhood development (TND) principles which address the following features: i. Street-friendly housing: Housing close to and facing the street with active areas such as porches, windows and doorways oriented to the street; garages located to the side or rear, or set back deeper than the main part of the house. LIV Objective 1.3 - Safer, more livable communities that foster interaction between people and discourage criminal activities through effective use and property design of the physical environment. LIV Policy 1.3.2 - Natural surveillance techniques should be considered in the location of physical features, mix of activities and uses, people and lighting in such a way as to maximize visibility. LIV Objective 4.2 - Promote the use of setbacks that allow buildings to frame the street to create conditions that are favorable to pedestrian use and comfort. LIV Policy 4.2.5 - By 2009, the City shall revise setback requirements to allow porch easements in subdivision design and to require living areas of the structure to be closer to the street than garage areas. LIV Objective 4.5 - Promote high quality architectural standards that support the City’s image and contribute to its identity and unique sense of place. LIV Policy 4.5.1 Encourage building design to provide an ordered variety of entries, porches, windows, bays and balconies along public ways where it is consistent with neighborhood character; avoid blank or solid walls at street level; and include human-scale details and massing. RECOMMENDATION: Staff recommends approval of the ordinance. The Land Development Review Board recommended approval at its March 17, 2016 meeting. BUDGET/FISCAL IMPACT: None. ATTACHMENTS: Description Ordinance #2016-2077: Front Porches Page 21 Type Ordinance ORDINANCE # 2016-2077 AN ORDINANCE OF THE CITY OF NEW PORT RICHEY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 2.01.00, DEFINITIONS, TO PROVIDE A DEFINITION OF “FRONT PORCH”; AMENDING SECTION 7.01.03, R-1 ZONING DISTRICT SETBACKS; AMENDING SECTION 7.02.05, R-2 ZONING DISTRICT SETBACKS ON LOTS PLATTED OR PROPERTY ANNEXED AFTER MAY 19, 1981; AMENDING SECTION 7.02.11, R-2 ZONING DISTRICT SETBACKS ON LOTS PLATTED OR PROPERTY ANNEXED ON OR BEFORE MAY 19, 1981; AMENDING SECTION 7.03.03, R-3 ZONING DISTRICT SETBACKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has found that front porches on single-family homes can improve the appearance of residential neighborhoods, encourage social interaction among neighbors and improve property values; and WHEREAS, the City Council has encouraged the Development Department to distribute home improvement grant funds for multiple home improvement projects, including construction of front porches; and WHEREAS, the City Council has found that the existing front setbacks in the residential zoning districts prohibit the construction of front porches on many existing single-family homes without a variance approval; and WHEREAS, the amended setback standards provided here are necessary to encourage and accommodate the provision of front porches on single-family homes in the City’s residential neighborhoods. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW PORT RICHEY, FLORIDA: SECTION I. That Section 2.01.00, Definitions, of the New Port Richey Land Development Code is hereby amended to read as follows: 2.01.00 Definitions Front porch: A covered structure attached to the front of a dwelling unit (or the side facing a main artery or thoroughfare) and providing the following elements: primary access into the dwelling unit; a separate roof; unenclosed except for a roof, balustrade, and flooring; extending a minimum of 50 percent of the building façade width (excluding the portion containing garage bays, if applicable); a minimum 10-foot depth and a maximum depth no greater than 50% of the building depth of the dwelling; and a floor that is typically raised above the finished horizontal elevation of the lot. The design of the porch is consistent with the dwelling in terms of finish materials and colors of any exterior surface, stem wall materials and/or foundation skirting. The design shall be consistent with the following illustrations: Ordinance #2016-2077 – Front Porches - Page 1 of 10 Page 22 Ordinance #2016-2077 – Front Porches - Page 2 of 10 Page 23 Ordinance #2016-2077 – Front Porches - Page 3 of 10 Page 24 Ordinance #2016-2077 – Front Porches - Page 4 of 10 Page 25 Ordinance #2016-2077 – Front Porches - Page 5 of 10 Page 26 Ordinance #2016-2077 – Front Porches - Page 6 of 10 Page 27 SECTION II. That Section 7.01.03, R-1 Minimum setback, of the New Port Richey Land Development Code is hereby amended to read as follows: 7.01.03 Minimum setback The minimum setback of detached dwellings and accessory structures in the R-1 Rresidential Ddistrict, from avenues or streets and from all other lot boundaries, shall be as follows: 1. Minimum setback of front building line from a main artery and/or thoroughfare right-of-way shall be twenty-five (25) feet, measured to the permanent part of projection of the dwelling. Front porches may extend into the required front yard setback, but not closer than 10 feet to the front property line and may not be altered to form enclosed or air-conditioned living spaces. Porches must maintain at least 80 percent openness and may not be screened. For any deviation from this provision see section 5.03.00. 2. Set back or rear building line of a dwelling from the rear property line shall be twenty-five (25) feet. In the case of lots bordering on a river the setback or rear building line shall be forty (40) feet from the river bank. See section 5.03.00. 3. The setback of the side building line of a dwelling from the side property line shall be ten (10) feet. The setback requirement in the case of a lot which has a side boundary line that abuts on a main artery or thoroughfare shall be twenty-five (25) feet from the main or arterial street right-of-way, on both sides, measured from the nearest building wall; provided, however, that the roof of any permanent overhandg of such building shall not exceed eighteen (18) inches. Front porches may extend into the required side yard setback from a boundary line that abuts on a main artery or thoroughfare, but not closer than 10 feet to the property line and may not be altered to form enclosed or air-conditioned living spaces. Porches must maintain at least 80 percent openness and may not be screened. 4. Detached structures for accessory uses such as private garages may be located no closer to the rear property lines than five (5) feet or no closer to the side property lines than ten (10) feet except where the rear of a building lot abuts an avenue or street, in which case a detached garage or similar accessory-use structure can be no closer to the rear property line than twenty-five (25) feet and, in the case of river lots, no closer than forty (40) feet to the river except where two (2) or more structures have been built in the same block and have established a closer line. 5. One front porch setback encroachment per lot is permitted, unless the design lends itself to a wraparound porch, as determined by the Development Department. The design, color and placement of the porch shall be architecturally-integrated with the architecture, façade and design of the existing dwelling, subject to design review and approval by the Development Department. SECTION III. That Section 7.02.05, R-2 Minimum setback, of the New Port Richey Land Development Code (applying to lots platted or property annexed after May 19, 1981) is hereby established to read as follows: 7.02.05 Minimum setback The minimum setbacks under this subdivision of detached dwellings and accessory structures from avenues or streets and from all other lot boundaries shall be as follows: 1. Minimum setback of front building line from a main artery and/or thoroughfare right-of-way shall be twenty-five (25) feet, measured to the nearest permanent part or projection of the dwelling. Front Ordinance #2016-2077 – Front Porches - Page 7 of 10 Page 28 porches may extend into the required front yard setback, but not closer than 10 feet to the front property line and may not be altered to form enclosed or air-conditioned living spaces. Porches must maintain at least 80 percent openness and may not be screened. For any deviation from this regulation, see section 5.03.00. 2. Setback of rear building line of dwellings from the rear property line shall be twenty (20) feet. In the case of lots bordering on river, forty (40) feet from river bank. See section 5.03.00. 3. The minimum setback of side building lines on all real estate lots shall be seven and one-half (7½) feet from the side boundary line thereof, on both sides measured from the nearest building wall or corner, provided, however, that the roof of any permanent overhang of such building shall not exceed eighteen (18) inches. The setback requirement in the case of a lot which has a side boundary line that abuts on a main or arterial street shall be twenty-five (25) feet from the property line to the nearest permanent wall or corner of the dwelling erected thereon; provided, however, that the roof of any permanent overhang of such building shall not exceed eighteen (18) inches. Front porches may extend into the required side yard setback from a boundary line that abuts on a main artery or thoroughfare, but not closer than 10 feet to the property line and may not be altered to form enclosed or air-conditioned living spaces. Porches must maintain at least 80 percent openness and may not be screened. 4. Detached structures for accessory uses such as private garages may be located no closer to the rear or side property lines than five (5) feet except where the rear of a building lot abuts an avenue or street in which case a detached garage or similar accessory use structure can be no closer to the rear property line than twenty-five (25) feet and, in case of the river lots, not closer to the river than forty (40) feet. 5. One front porch setback encroachment per lot is permitted, unless the design lends itself to a wraparound porch, as determined by the Development Department. The design, color and placement of the porch shall be architecturally-integrated with the architecture, façade and design of the existing dwelling, subject to design review and approval by the Development Department. SECTION IV. That Section 7.02.11, R-2 Minimum setback, of the New Port Richey Land Development Code (applying to lots platted and property annexed on or before May 19, 1981) is hereby established to read as follows: 7.02.11 Minimum setback Minimum setbacks under this subdivision shall be as follows: 1. Minimum setback of front building line from a main artery and/or thoroughfare right-of-way shall be twenty-five (25) feet, measured to the nearest permanent part or projection of the dwelling. Front porches may extend into the required front yard setback, but not closer than 10 feet to the front property line and may not be altered to form enclosed or air-conditioned living spaces. Porches must maintain at least 80 percent openness and may not be screened. For any deviation from this regulation see section 5.03.00. 2. Setbacks of rear building line from rear property line is ten (10) feet. In the cases of lots bordering on the river, forty (40) feet from the river bank. See section 5.03.00. 3. The minimum setback of side building lines on all real estate lots shall be five (5) feet from the side boundary line thereof on both sides measured from the nearest building wall or corner; provided, that the roof of any permanent overhang of such building shall not exceed eighteen (18) inches. The setback requirement in the case of a lot which has a side boundary line that abuts a main or arterial street shall be twenty-five (25) feet from the property line to the nearest permanent wall or corner of the dwelling Ordinance #2016-2077 – Front Porches - Page 8 of 10 Page 29 erected thereon; provided, however, that the roof of any permanent overhang of such building shall not exceed eighteen (18) inches. Front porches may extend into the required side yard setback from a boundary line that abuts on a main artery or thoroughfare, but not closer than 10 feet to the property line and may not be altered to form enclosed or air-conditioned living spaces. Porches must maintain at least 80 percent openness and may not be screened. 4. Detached structures for accessory uses such as private garages may be located no closer to the rear of the property lines than five (5) feet except where the rear of the building lot abuts an avenue or street in which case the detached garage or structure can be no closer than twenty-five (25) feet from the property line. In the case of the river lots, no closer than forty (40) feet. 5. One front porch setback encroachment per lot is permitted, unless the design lends itself to a wraparound porch, as determined by the Development Department. The design, color and placement of the porch shall be architecturally-integrated with the architecture, façade and design of the existing dwelling, subject to design review and approval by the Development Department. SECTION V. That Section 7.03.03, R-3 Minimum setback, of the New Port Richey Land Development Code is hereby amended to read as follows: 7.03.03 Minimum setback Minimum setbacks of detached dwellings and accessory structures in the R-3 Rresidential Ddistrict from avenues or streets and from all other lot boundaries shall be as follows: 1. Minimum setback of front building line from main artery and/or thoroughfare right-of-way shall be twenty-five (25) feet, measured to the nearest permanent part or projection of the dwelling. In case of lots bordering on river, forty (40) feet from river bank. Front porches may extend 10 feet into the required front yard setback, but not closer than 10 feet to the front property line and may not be altered to form enclosed or air-conditioned living spaces. Porches must maintain at least 80 percent openness and may not be screened. For any deviation from this regulation see section 5.03.00. 2. Minimum setback of rear building line of dwellings from rear property line ten (10) feet. In case of lots bordering on river, forty (40) feet from river bank. 3. The minimum setback of side building lines on all real estate lots, within an R-3 zoning classification, shall be five (5) feet from the side boundary line thereof to the nearest permanent wall or corner of the dwelling erected thereon; provided, however, that the roof of any permanent overhang shall not exceed eighteen (18) inches. The setback requirement in the case of a lot which has a side boundary line that abuts on a main or arterial street shall be twenty-five (25) feet from the main or arterial right-of-way to the nearest permanent wall or corner of the dwelling erected thereon; provided, however, that the roof of any permanent overhang shall not exceed eighteen (18) inches. Front porches may extend 10 feet into the required side yard setback from a boundary line that abuts on a main artery or thoroughfare, but not closer than 10 feet to the property line and may not be altered to form enclosed or air-conditioned living spaces. Porches must maintain at least 80 percent openness and may not be screened. 4. Detached structures for accessory uses such as private garages may be located no closer to rear or side property lines than five (5) feet except where the rear or side of a building lot abuts an avenue or street in which case a detached garage or similar structure can be no closer to the rear or side property line than twenty-five (25) feet and, in the case of river lots, no closer to the river bank than forty (40) feet. 5. One front porch setback encroachment per lot is permitted, unless the design lends itself to a wraparound porch, as determined by the Development Department. The design, color and placement of the Ordinance #2016-2077 – Front Porches - Page 9 of 10 Page 30 porch shall be architecturally-integrated with the architecture, façade and design of the existing dwelling, subject to design review and approval by the Development Department. SECTION VI. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby. SECTION VII. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall be codified and made a part of the New Port Richey City Code, and that the sections of this Ordinance may be renumbered to accomplish such codification, and that the word Ordinance may be changed to “section” to accomplish such codification. SECTION VIII. This Ordinance shall become effective immediately upon its adoption. The above and foregoing Ordinance was read and approved on first reading at duly convened meeting of the City Council of the City of New Port Richey, Florida this day of , 2016. The above and foregoing Ordinance was read and approved on second reading at duly convened meeting of the City Council of the City of New Port Richey, Florida this day of , 2016. ATTEST: __________________________ Doreen Summers, City Clerk ____________________________ Rob Marlowe, Mayor-Council Member APPROVED AS TO FORM By: __________________________________ Joseph A. Poblick, City Attorney Ordinance #2016-2077 – Front Porches - Page 10 of 10 Page 31 . . TO: City of New Port Richey City Council FROM: Lisa L. Fierce, Development Director DATE: 4/19/2016 RE: First Reading, Ordinance 2016-2083: Code Amendment - Mobile Home Park District REQUEST: Council is to conduct a first public hearing of the ordinance. DISCUSSION: The Development Department proposes amendments to the Mobile Home Park (MHP) zoning District to improve the standards and prevent negative impacts in existing parks. Concerns have been raised by the use of recreational vehicles as permanent homes in some of the City's mobile home parks. As proposed, the Code amendment would prohibit recreational vehicles as permanent legal residences in mobile home parks and provide additional mobile home standards. The amendment alters the definition of "mobile home" to distinguish it from a "recreational vehicle" and adds definitions for "permanent legal residence" and "recreational vehicle." The proposed new language is shown with underlining and deleted language is show with strikethrough. Compatibility with Comprehensive Plan: The proposal is consistent with the following Comprehensive Plan objectives and policies: FLU 1.2.2 - The City shall encourage a balanced land use mix providing for a variety of housing styles, densities and open space. FLU 1.2.3 - The City shall, through the enforcement of all applicable laws and regulations and the provision of a variety of residential zoning categories, encourage opportunities for all citizens to purchase or rent decent, safe and sanitary housing which they can afford, free from arbitrary discrimination. FLU 1.2.4 - Existing residential areas shall be protected from the encroachment of incompatible activities; likewise, other land use areas shall be protected from the encroachment of incompatible residential activities. FLU 1.2.5 - The conservation, maintenance and rehabilitation of existing residential areas shall be encouraged. RECOMMENDATION: Staff recommends approval of the ordinance. BUDGET/FISCAL IMPACT: None. ATTACHMENTS: Description Ordinance #2016-2083: Mobile Home Park District Page 32 Type Ordinance Ordinance #2016-2083 AN ORDINANCE OF THE CITY OF NEW PORT RICHEY, FLORIDA AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 7.17.02, DEFINITIONS, TO AMEND THE DEFINITION OF “MOBILE HOME” AND TO ADD DEFINITIONS FOR “PERMANENT LEGAL RESIDENCE” AND “RECREATIONAL VEHICLE”; AMENDING SECTION 7.17.05, MOBILE HOME PARK PLAN, TO PROHIBIT RECREATIONAL VEHICLES AS PERMANENT LEGAL RESIDENCES IN MOBILE HOME PARKS AND PROVIDE ADDITIONAL MOBILE HOME STANDARDS; AMENDING SECTION 7.17.09, OTHER USES, TO PROHIBIT RECREATIONAL VEHICLES AS PERMANENT LEGAL RESIDENCES IN MOBILE HOME PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161, et seq., Florida Statues, requires local governments to adopt Land Development Regulations to implement their adopted Comprehensive Plan, and which contain all land development regulations for the City; and WHEREAS, the City Council adopted Ordinance #1221 on April 17, 1990, establishing Land Development Regulations in the City and several amendments thereto; and WHEREAS, the City Council adopted Ordinance #1311 on April 6, 1993, amending the Mobile Home Park District to allow single-family dwelling units; and WHEREAS, the City Council adopted Ordinance #1514 on January 4, 2000, amending the Mobile Home Park District to address mobile home separation distances; and WHEREAS, the City Council has found and determined that these regulations should be further amended to regulate uses and development within mobile home parks. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW PORT RICHEY, FLORIDA: SECTION I. That Section 7.17.02, Definitions, of the New Port Richey Land Development Code is hereby amended to read as follows: 7.17.02 Definitions. Definitions as used in this section are as follows: Mobile home means any vehicle or similar portable structure having been constructed with wheels (whether or not such wheels have been removed) and having no foundation other than wheels, jacks or skirtings, and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. These do not include recreational vehicles as defined herein. Mobile homes are considered a single dwelling unit for the purposes of calculating density. Ordinance #2016-2083 - Mobile Home Park Districts - Page 1 of 3 Page 33 Permanent legal residence means the one permanent home where the resident exercises his or her political rights and is liable to taxation and to where, whenever the resident is absent, he or she intends to return. Recreational vehicle means a vehicle, including a park trailer, which is: [See F.S. § 320.01.) (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel or seasonal use. SECTION II. That Section 7.17.05, Mobile Home Park Plan, of the New Port Richey Land Development Code is hereby amended to read as follows: 7.17.05 Mobile home park plan. Each mobile home park within an MHP district classification shall conform to the following requirements: 1. Minimum site area of ten (10) acres. 2. Minimum lot area of four thousand (4,000) square feet with 40-foot lot width. 3. Maximum possible gross density 8.8 dwelling units per acre. 4. Mobile homes located in mobile home parks developed prior to the enactment date of this ordinance 2000 shall be separated from each other and other structures by at least ten (10) feet. Mobile homes located in mobile home parks developed after the enactment date of this ordinance 2000 shall be separated from each other and other structures by at least fifteen (15) feet. 5. (a) A setback of fifteen (15) feet in width from all property lines of parcels of different use except for public streets shall be provided and maintained in each mobile home park. Such setback shall not be considered to be part of an abutting mobile home space; nor shall said setback be used as part of the recreation area. (b) Front setbacks from existing or planned center lines of rights-of-way or public thoroughfares shall be required if the setbacks in subsection 5(a) above are less than the following: 1. Local streets: Twenty-five (25) feet from property line. 2. Collector streets and all others: Thirty-five (35) feet from property line. 6. No more than sixty-five (65) percent of the land area of each mobile home lot shall be devoted to the mobile home coach, carport, cabana, or other similar improvements. 7. Permissible uses shall not be construed to include display or sale of mobile homes or motor vehicles or storage of unoccupied mobile homes except such mobile homes that may be vacant when the same are set up and erected on a regular site. Recreational vehicles may not be used for permanent legal residence within mobile home parks. 8. The maximum height of a structure shall not exceed 25 feet. 9. The maximum number of mobile homes permitted on each lot is one. SECTION III. That Section 7.17.09, Other Uses, of the New Port Richey Land Development Code is hereby amended to read as follows: 7.17.09 Other uses. Ordinance #2016-2083 - Mobile Home Park Districts - Page 2 of 3 Page 34 Single- or one-family dwelling units, other than mobile homes, shall be permitted provided that they meet the requirements set forth for this use in the R-3 Residential District, and further provided the lot or lots to be developed for such use are not part of a recorded mobile home subdivision or park. Recreational vehicles may not be used for permanent legal residence within mobile home parks. SECTION IV. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby. SECTION V. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall be codified and made a part of the New Port Richey City Code, and that the sections of this Ordinance may be renumbered to accomplish such codification, and that the word Ordinance may be changed to “section” to accomplish such codification. SECTION VI. This Ordinance shall become effective immediately upon its adoption. The above and foregoing Ordinance was read and approved on first reading at duly convened meeting of the City Council of the City of New Port Richey, Florida this day of , 2016. The above and foregoing Ordinance was read and approved on second reading at duly convened meeting of the City Council of the City of New Port Richey, Florida this day of , 2016. ATTEST: __________________________ ____________________________ Doreen Summers, City Clerk Rob Marlowe, Mayor-Council Member APPROVED AS TO FORM By: __________________________________ Joseph A. Poblick, City Attorney Ordinance #2016-2083 - Mobile Home Park Districts - Page 3 of 3 Page 35 . . TO: City of New Port Richey City Council FROM: Doreen Summers, City Clerk DATE: 4/19/2016 RE: Consideration of Appointments to Intergovernmental Committees REQUEST: Council is requested to choose a slate of City representatives to various intergovernmental committees from among their current City Council members. DISCUSSION: Pasco County Metropolitan Planning Organization (MPO) Representative: Alternate: Pasco County Tourism Development Council Representative: Pasco Economic Development Council Board Representative: Tampa Bay Regional Planning Council Representative: Tampa Bay Water Representative: RECOMMENDATION: Staff recommends that, after the slate has been chosen and public comment has been requested, that a motion be made to approve the proposed slate of appointments. BUDGET/FISCAL IMPACT: None. ATTACHMENTS: Description No Attachments Available Page 36 Type . . TO: City of New Port Richey City Council FROM: Lisa L. Fierce, Development Director DATE: 4/19/2016 RE: Resolution 2016-09 - Imposing & Assessing Cost of Abatement and Removal of Unsafe Structure at 6035/6037 High Street REQUEST: City Council is to conduct a hearing for the purpose of assessing the costs of abatement of the unsafe structure and determine if a lien should be imposed. The matter shall be handled as a quasi-judicial proceeding. DISCUSSION: The subject property is 0.16 acres located on the north side of High Street, approximately 300 feet east of Madison Street. It is located within the Old Oak Grove Subdivision that was platted in 1925. (Exhibit “A”, Site Location Map). The site had contained a damaged duplex. It was owned by James Morgan (deceased) since 1995. Following the November 13, 2015 fire of the structure, the Building Official determined that the structure meets the definition of unfit or unsafe structure and should be abated under emergency condemnation procedure (see Exhibit “B”, Article VI of Code of Ordinances and Exhibit “C”, "Before" Site Photographs). At its December 1, 2015 meeting, City Council determined that the condition of the structure presented a clear, present and immediate hazard to the safety of persons or property. It adopted an emergency resolution (#201602) declaring the duplex to be a nuisance and authorized the immediate abatement and removal of such nuisance. The duplex was demolished on December 16, 2015. (see Exhibit "D", Demolition Photographs). RECOMMENDATION: Staff recommends approval of the resolution and authorization to impose a lien to recover costs outlined herein. BUDGET/FISCAL IMPACT: The City's expenses for the the removal of the unsafe structure totaled $5,289.35. This includes title search, certified notices to owner/interested parties and advertising in the Tampa Bay Times. ATTACHMENTS: Description Exhibit “A” - Site Location Map Exhibit “B”- Article VI of Code of Ordinances Exhibit “C”- "Before" Site Photographs Exhibit “D”- "After" Demolition Photographs Resolution #2016-09 Expense Log & Supporting Documents Page 37 Type Backup Material Backup Material Backup Material Backup Material Resolution Letter Backup Material Page 38 Page 39 Page 40 Page 41 Page 42 Exhibit "C" - Site Photographs Page 43 Page 44 Exhibit "D" - Demolition/After Demolition Site Photographs Page 45 Page 46 Resolution #2016-09 A RESOLUTION OF T HE CI T Y CO UN CIL O F T HE CI T Y OF N EW P O R T RI CHEY, P ASCO CO UNT Y, F L O RI DA SET T IN G F O R TH F I N DI N G S O F F ACT AN D I M P O SI NG AN D ASSESSI N G CO ST S O F AB AT EM ENT AN D R EM O VAL ON R EAL P R OP ER T Y LO CAT ED AT 6035/6 037 HI G H ST R EET, N EW P O R T RI CHEY, F L O RI DA, 34653 WHEREAS, City Council of the City of New Port Richey, after hearing the testimony and considering the evidence presented at the quasi-judicial hearing of April 19, 2016, including the evidence of record of the hearing, all with regard to the property located at 6035/6037 High Street, New Port Richey, Florida, 34653, also known as parcel ID: 09-2616-0150-00C00-0150 and legally described as: LOT 15, BLOCK C, OLD GROVE SUBDIVISION #2, AS PER PLAT RECORDED IN PLAT BOOK 2, PAGE 69, SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA (the "Property") adopts this resolution memorializing its decision that costs incurred by the City for the abatement and removal of buildings be assessed on the Property, setting forth its findings of fact, and specifying the amount that it finds to be properly imposed and assessed against the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW PORT RICHEY, PASCO COUNTY, FLORIDA, THAT: 1. 2. Findings of Fact. The facts presented by City Staff at the April 19, 2016 quasijudicial hearing are hereby adopted as the findings of fact, a summary of which follows, that: a. On December 1, 2015, City Council adopted Resolution authorizing the abatement of buildings on the Property. b. City Council provided the manner in which the owner of the Property or any interested person could proceed with private abatement. c. The City Council determined that the owner of the Property was not proceeding with private abatement in such manner and, therefore, the structure on the Property was abated and removed in accordance with Resolution #2016-02. d. The City incurred costs of five thousand two hundred eighty-nine US dollars and 35/100 ($5,289.35) in abating and removing the building on the Property. Decision of Council. As determined by the City Council at the conclusion of the April 19, 2016 hearing, such costs should be imposed and assessed against the Property. Resolution #2016-09 – Abatement Costs & Lien – 6035-6037 High Street - Page 1 of 2 Page 47 #2016-02 3. Amount of Lien. As determined by the City Council at the conclusion of the April 19, 2016 hearing, five thousand two hundred eighty-nine US dollars and 35/100 ($5,289.35) shall be properly imposed and assessed against the property. 4. Recordation. The City Clerk shall cause this Resolution to be recorded in the Public Records of Pasco County, Florida for the purpose of imposing a lien and encumbrance against the Property for the full amount of the costs set forth herein. 5. Effective Date. This resolution shall be effective immediately upon adoption by the City Council. DONE AND RESOLVED this 19th day of April, 2016. (SEAL) (ATTEST): Doreen Summers City Clerk Rob Marlowe Mayor-Councilmember APPROVED AS TO LEGAL FORM AND CONTENT By Joseph Poblick City Attorney Resolution #2016-09 – Abatement Costs & Lien – 6035-6037 High Street - Page 2 of 2 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 . . TO: City of New Port Richey City Council FROM: Mario Iezzoni - Economic Development DATE: 4/19/2016 RE: Resolution 2016-12: Historic Preservation Small Matching Grant REQUEST: $50,000 Historic Preservation Small-Matching Grant Match DISCUSSION: The City has an opportunity to apply for a Historic Preservation Small-Matching Grant to be used for additional stabilization and historic preservation of the Hacienda Hotel. The grant application is up to $50,000 with an equal match required by the City of New Port Richey. The grant application deadline is April 29, 2016 with historic preservation funds available July 1, 2017. RECOMMENDATION: Approve a resolution to allocate a $50,000 historic preservation match. BUDGET/FISCAL IMPACT: $50,000 Fiscal Year Ending 2017 ATTACHMENTS: Description Resolution Hacienda Small-Matching Grant Page 55 Type Resolution Letter RESOLUTIONNUMBER2016-12 A RESOLUTION OF THE CITf COUNCIL OF NEW PORT RICHEY, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE DIVISION OF HISTORIAL RESOURCES SMALL MATCHING HISTORIC PRESERVATION GRANT REQUESTING $50,000 FOR THE HACIENDA HOTEL, AND FURTHER AUTHORIZINGAN AMOUNT OF $50,000 AS THE CITY'S REQUIRED MATCHING FUNDS. WHEREAS, The City of New Port Richey has the opportunity to apply for funding in the amount of $50,000 Small MatchingHistoric Preservation Grantfor Haciendahotel, withthe stipulation of a 1:1 matching fund ratio; and WHEREAS,funding in the amount of $50,000, necessaryfor the required match, will be available on July 1, 2017. NOW, THEREFORE, be it resolved by the City Council of the City of New Port Richey, Florida, as follows: SECTION 1. That the above recitals are hereby adopted. SECTION 2. The City Commission hereby authorizes an expenditure of $50, 000 to be available July 1, 2017 for required matching funds for a grant application to the Florida Division of Historical Resources in quest for funding the Hacienda Hotel. SECTION 3. That this resolution shall be effective upon adoption. PASSED AND RESOLVED this 5thday ofApril, 2016 by the City Commission of New Port Richey, Florida. (SEAL) (ATTEST) Doreen M. Summers Robert Marlowe City Clerk Mayor- Councilmember APPROVED AS TO LEGAL FORM AND CONTENT By. Joseph Poblick, City Attorney Page 56 Small Matching Historic Preservation Grants Formal Solicitation for Applications February 29, 2016 - April 29, 2016 for Fiscal Year 2017-2018 The Florida Department of State is currently soliciting applications for Small Matching Grant-in-Aid assistance for historic preservation projects. Applications will be accepted online at flheritage. com/srants beginning February 29, 2016, and must be submitted online by 11:59 p.m. on April 29, 2016. Application attachments must be sent electronically as specified in the application, no later than 11:59p.m., Friday, April 29, 2016. FUNDSAVAILABLE Funding availability will depend upon legislative appropriation during the 2017 Legislative Session. Recommended grant awards will not exceed $50, 000. 00. It is projected that approximately $118,250 will be made available for Certified Local Government (CLG) program grants for conducting survey, planning and National Register nomination projects. These funds will be comprised of the required 10% of Florida's annual Federal Historic Preservation Fund apportionment, and will be availableonlyto thoselocal governments thatarealreadycertified ormeettherequirements ofitem (d)below. WHO IS ELIGIBLE TO APPLY Eligible applicants include: (a) Departmentsor agenciesofthe StateofFlorida(includingstateuniversities); (b) Units ofcounty, municipal or other local governments; (c) AnyFloridanot-for-profitcorporation,institution, or organization;and (d) Certified Local Governments in good standing, which have received U. S. National Park Service certification by the application deadline April 29, 2016. Non-secular organizations are eligible to apply for grant-in-aid assistance. However, eligible development activities involving non-secular properties are limited to work on the exterior of the property and only those interior activities that are essential to thepreservation ofthe structural integrity oftheproperty. PROJECTS ELIGIBLE FOR FUNDING Acquisition and Development projects include acquisition, preservation, protection, restoration, rehabilitation and stabilization of historical and archaeological properties; investigation of individual archaeological sites; and planning for eligible Acquisition and Development activities, such as the preparation of architectural plans and specifications. Protection and Education activities include survey and evaluation of historical and archaeological properties; preparation ofdata for andthe actual listing orregistering ofhistorical andarchaeological properties in theFlorida Master Site File or the National Register of Historic Places; preparation of long-range historic preservation and management plans for historical and archaeological properties; community education and community relations projects promoting the preservation of historical and archaeological properties; and research of historical documents for the purpose of documenting and evaluating the significance of historical and archaeological properties. Otherpreservation activities may also be eligible for grant assistance. Ifyou have a question aboutthe eligibility ofa project or workelement,pleasecall the GrantsstaffoftheDivisionofHistoricalResourcesat 1.800.847.7278 or 850.245. 6333. Page 57 DIVISION PRIORITIES i,[isT^pr!s^vati, ongr?nts areawardedto locate identify, interpret, andprotect significant historic properties in the State ofFlorida and to provide a basis for effective preservation planning throughout the state Though all eligible properties areeligible to apply, thepriorities oftheDivision for this cycle areas follows: A. Survey Priorities 1. Surveys to identify, evaluate and document historic properties and archaeological sites associated with Florida's minority heritage. 2. Surveys locatedin areassubjectto intensive development pressure. B. Registration (National Register) Priorities 1. Registration ofhistoricresources identifiedbyprevious surveyactivity. 2. Registrationofpropertiesofnationalsignificance,andnotpreviouslylistedintheNationalRegister. C. Planning Priorities 1. Development of plans for informing the public as to the economic and other benefits of Dreservir historical resources. 2. Development ofprotection tools, such as local ordinances. D. Community Education Priorities 1. Projects that use technology to maximize outreach. E. Acquisition andDevelopment Priorities 1. Assistance forstabilization orotherappropriate preservation treatments forproperties whichareindanger ofbeing lost due to physical deterioration or planned development. ^s S1tancein^ I'estoration andrehabilitation ofproperties forwhichappropriate preservation planningis complete orwell underway,particularly thosewhichwill beplaced inpublicuse. All eligible applications will_bejudged on their merits according to the criteria in Chapter 1A-39. Florida AdministrativeCode, andthe SmallMatchingGrantGuidelines PROJECTSTHAT DONOTREQUIREMATCH Certified LocalGovernments arenotrequired to matchforbothfederal andstatefunding applications. S£r?^Main street communities are not required to match for Main Street one-time "start-up" grants up to l, yuv. Applications submitted by local governments and not-for-profit organizations for projects located in Rural EconomicDevelopment Initiative(REDI)-designatedcounties^andcommunities areeligibletorequest"a waiver'of matching requirements as per Section 288. 06561, Florida Statutes. Please visit flonda^edLcom or contact~the FloridaDepartment ofEconomic Opportunity forinformation oncurrently-designated REDIareas.A mapofthese areas can be found at floridaiobs. ore/REDI/RAOMap. pdf MATCHREQUIREMENTSAND PROJECTSUPPORT All ofherofapplications require a 1:1,equivalent match. Thatis, grant fundswill begiven to support upto50% of the cost an eligible project, recipienf(grantee) inr the form with the other 50% provided by the grant the form ofallowable m-kind services and materials with of cash a'specified cash value. The required ^la!CI1 or-"!atch, in, ?latch. must include a minimum cashmatch contribution of25%. Invaluing in-kind anddonated services, please besuretousea valuethatreflectsa typicalfairmarketvalueyouwouldpayifyouwerepurchasmg'such'semceT All match contributions must occur during the July 1, 2017 - June 30, 20'18 grant period. Any expenditures'nr Page 58 donationsmadepriorto the srantperiodarenot allowablematchcontributions. Pleasenotethatwhiledirectadministrative andproject managementcostsforconductinggrantactivities maybe considered allowable, indirect administrative charges or overhead are not allowable"as match and are"not reimbursable grant expenditures. Project Administrative Expenditures may not exceed 10% of the grant award amount. It isimportant thattheapplicantdocumentsupportfortheproject forwhichfundingisrequested. Severalletters of support, endorsements, resolutions, andotherdocumentation evidencing local, regional'or statewidesupport'for the project contribute significantly to the application review. NUMBER OF APPLICATIONS Anapplicantfromthesameorganizationshallsubmitnomorethanone(1) applicationpercategoryundera single application deadline. APPLICATION REVIEW AND PROJECT SELECTION Applications and attachments must be submitted electronically by 11:59 p. m. on Friday, April 29, 2016. All eligible applications will be evaluated on a competitive basis by Grant Review Panels in public meetings in Tallahassee. Grant panelists are appointed by the Secretary of State and will prioritize all applications" and recommend a level offunding (full or partial) for eachproject. Please note that staff will make recommendations of funding for each project during the public panel review process. Project selection and fundinglevels aretheresponsibility ofthe grantpanels, andstaffrecommendations may be altered during the course of the public review meeting. Final recommendations to the 2017 Leeis will bemadeby the Department ofState. Projectsapprovedforfundingbythe2017LegislativeandtheGovernorwillbeannouncedbyJuly 1,2017 No work begun before July 1, 2017, will be eligible for payment. ADDITIONAL INFORMATION Ifyou have anyquestions regarding proposed projects or the application process, please call the Grants staffofthe Division of Historical Resources at 1.800.847. 7278 or 850.245. 6333 or email BHPerantsra>. dos.mvflnririn'r-nm^ You may visit flhentage^mZgrants for more information on the grants program and to begin the application process. Page 59 . . TO: City of New Port Richey City Council FROM: Elaine D. Smith, CPRP, Director of Parks and Recreation DATE: 4/19/2016 RE: Bid Award: RFQ 16-011, Recreation Center Fitness Equipment REQUEST: The request before City Council is to review and approve the bid award of fitness equipment for the Recreation and Aquatic Center. DISCUSSION: The bid for fitness equipment for the Recreation and Aquatic Center was opened on March 18, 2016. Three firms submitted bids with Life Fitness being the lowest quote; $122,795.05. A copy of the tabulation sheet is attached. References were contacted and Life Fitness received high reviews for the quality of their equipment. Detail Sheets are attached that provide specifications on each item of equipment. RECOMMENDATION: The recommendation before City Council is to award the bid to Life Fitness to provide fitness equipment for the Recreation and Aquatic Center at the cost of $122,795.05. BUDGET/FISCAL IMPACT: Funding is available in the capital equipment improvement budget in account number 001-0092-572-63-99. ATTACHMENTS: Description Tabulation Sheets Equipment Detail Sheets Page 60 Type Backup Material Backup Material Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 . TO: City of New Port Richey City Council FROM: Robert M Rivera, Public Works Director DATE: 4/19/2016 RE: 2013 Sewer Improvements Project Close-Out . REQUEST: The request of staff for City Council is to review and consider for approval the Final Deductive Change Order in the amount of two hundred forty-five thousand three hundred eleven dollars and twenty-two cents ($245,311.22) and the Final Pay Request in the amount of forty-nine thousand one hundred seventy-seven dollars and twenty-eight cents $49,177.28 from Suncoast Development of Pinellas County, Inc. for the completion of the 2013 Sewer Improvements Project. DISCUSSION: As Council may recall, elements constructed during this project were identified in the 2012 Utility Master Plan Update. The elements included the replacement of a 10" sanitary sewer force located in the Magnolia Valley subdivision and a 12" force main extension at Magnolia Way east to Grand Blvd. north to Louisiana Ave. The purpose of the extension is to eventually redirect and reduce flows from the existing master lift station located on Nebraska Ave. in the Railroad Square area. Finally, the existing lift station panel located at Kentucky Ave. and Anderson St. was elevated in an effort to prevent the possibility of stormwater intrusion during large weather events. The deductive change order was the result of non expenditure of the owners contingency and the elimination of two lift station upgrades as explained in the engineer of record's attached memo. RECOMMENDATION: Approval of the final deductive change order and final pay request are recommended. BUDGET/FISCAL IMPACT: Funding is available in the Water and Sewer construction fund account No. 405-0960-535-63-81. ATTACHMENTS: Description Final Deductive Change Order Final Pay Request Engineer of Record Memo Page 72 Type Backup Material Backup Material Backup Material Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 . TO: City of New Port Richey City Council FROM: Robert M Rivera, Public Works Director DATE: 4/19/2016 RE: Notice of Intent to Purchase Utilities . REQUEST: The request of staff for Council is to review and consider for approval the attached notice of intent to purchase the Lakewood Villas, Barbara Ann Acres, and Silver Oaks Utilities for a do not exceed amount of $600,000.00. DISCUSSION: As Council is aware, staff began preliminary discussions with the owners of Lakewood Villas, Barbara Ann Acres, and Silver Oaks Utilities and the possible acquisition of the systems. Subsequent to the completion of valuation reports on the utilities, negotiations for the purchases took place. The reports were determined by an average of the asset valuation of the existing facilities, income valuation, and the comparable sales valuations of similar size utilities. The valuation of the Lakewood Villas system was determined to be $512,999, the Barbara Ann Acres system $40,910, and the Silver Oaks system $53,578. The sum of the three systems totaled $607,487. The report summary memo from McKim & Creed identified a reasonable purchase price for the three utility systems to be between $560,000 and $610,000. Negotiations between staff and the current owners concluded on January 14, 2016 with an agreed purchase price of $600,000 contingent on Council's approval and issuance of a notice of intent to purchase the utility systems. The notice of intent's purpose is to identify all items specifically called out by each party as assigned responsibilities required for the purchase conclusion. A January 1, 2017 has been agreed on by all parties as a fair and reasonable time frame to complete the purchase process. Subsequent to the City's Finance Director and the City's Financial Advisor's review of the proposed utility purchases, it has been recommended that competitive loan submissions from financial institutions should be used to complete the transaction. In addition to the $600,000.00 purchase price, the valuation reports included the cost estimates for the City to replace the existing meters with the City's Automated Meter Infrastructure System. The cost for the meter conversions is $261,000.00 and is expected to be included in the loan as a Capital element. Staff has reviewed the operating and maintenance responsibilities of the utilities and have concluded that it will not require a request to Council for additional utility maintenance personnel and equipment to incorporate the utility systems into the City's existing system. RECOMMENDATION: Approval of the attached Notice of Intent is recommended. BUDGET/FISCAL IMPACT: There is no budget impact currently. ATTACHMENTS: Description Notice of Intent Area Site Maps Page 80 Type Backup Material Backup Material Valuation Summary Memo Utility Valuation Reports Page 81 Backup Material Backup Material Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 ENGINEERS SURVEYORS PLANNERS January 28, 2016 01174-0027 (11) Mr. Robert Rivera Public Works Director City of New Port Richey 6132 Pine Hill Road Port Richey, Florida 34668 Re: City of New Port Richey Task Order No. 8 Utility Valuation-Lakewood Villas, Barbara Ann Acres and Silver Oaks Utilities Dear Mr. Rivera: Enclosed please find the revised utility valuations for the, Barbara Ann Acres Utility System, the Silver Oaks Utility System, and the Lakewood Villas Utility System. We want to thank the City and the owners of these utilities, Mr. Jim Weeks and Mr. Rick Miller, for their assistance during the valuation process. While it is understood that both parties are considering the purchase of the three utility systems as a single acquisition, separate utility valuations were prepared for each of the three utility systems in accordance with McKim & Creed’s scope of services. Each utility system serves a relatively small community of primarily single family homes within the City limits. Two of these systems, the Barbara Ann Acres Utility System and the Silver Oaks Utility System purchase water from the City through a bulk meter as the water source. The Lakewood Villas Utility System has its own water supply wells, but has a connection to the City’s water system as an emergency backup water supply source. As such, the cost to connect these utility systems to the City’s existing water distribution system is negligible. 1365 Hamlet Avenue Clearwater, FL 33765 727.442.7196. Fax 727.461.3827 www.mckimcreed.com Page 88 The infrastructure that makes up the three utility systems primarily consists of the distribution system (i.e. 2” to 6” diameter PVC pipe and valves, water services and water meters). The infrastructure for the Lakewood Villas Utility System also includes two wells, a treatment system (i.e. disinfection), and a 2000 gallon hydropneumatic tank. The age of these utility systems appears to range from 45 to 48 years. 1/28/16 Page 2 of 3 The utility valuations were determined as an average of the asset valuation, income valuation and the comparable sales valuation. For the asset valuation, the condition assessment was limited to a review of available data, including available maintenance history, age of the infrastructure, and estimated remaining useful life since the existing distribution system infrastructure is below grade and subsurface exploration of the system was not included in the project scope. For the income valuation, current average water use, water billing rates, and City operational costs were used without projecting increases. For the comparable sales valuation, a per connection value was calculated and projected to each utility system; again assuming no change in the number of connections. The utility valuations for the three utility systems are listed below. Barbara Ann Acres Utility System Silver Oaks Utility System Lakewood Villas Utility System $ 40,910 $ 53,578 $ 512,999 The sum for the three utility systems is $607,487. With the need to make various assumptions during the valuation process, a reasonable purchase price for the three utility systems is between $560,000 and $610,000. Should the City choose to proceed with the acquisition of the Barbara Ann Acres, Silver Oaks, and the Lakewood Villas utility systems, the City will need to replace the existing water service meters with the City’s standard smart meters and incorporate these new accounts into its billing system. While the conversion of the water meters does not have to be done immediately, any delay in converting to the City’s water meters will require manual meter reading at a cost to the City. Acquisition of the Lakewood Villas Utility System will also result in the need for the City to decommission the existing water supply wells and treatment facility. However, once the existing facilities are decommissioned, the City could have an available lot that may be sold or converted to green space if the land that the existing wells and treatment facility is included in the acquisition. An evaluation was done to estimate the payback period should the City choose to proceed with the acquisition. The payback periods for the three utility systems is estimated between 11 and 12 years under the current City’s water rates. The adequacy of the payback period is a City decision and may impact the City’s determination of the final purchase price. Page 89 1/28/16 Page 3 of 3 Other factors that may impact the City’s decision to acquire the Barbara Ann Acres, Silver Oaks, and the Lakewood Villas utility systems include the potential to extend sanitary sewer service into these neighborhoods in the future, the desire to provide a necessary service to residents of the City, i.e. the delivery of quality water, and the potential to provide improved fire protection in the future to the Lakewood Villas community by installing fire hydrants. Should you have any questions regarding the utility valuations for the Barbara Ann Acres, the Silver Oaks, or the Lakewood Villas utility systems, please do not hesitate to contact me. Sincerely, McKim & Creed, Inc. Mitchel A. Chiavaroli, PE Director of Engineering Enclosures cc: Mr. Gary Peterson, w/ encl. Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 . TO: City of New Port Richey City Council FROM: Debbie L. Manns, City Manager DATE: 4/19/2016 RE: City Manager Performance Evaluation . REQUEST: The City Manager requests that City Council conduct the annual evaluation of my performance as City Manager. DISCUSSION: In your April 1, 2016 City Manager's report, I forwarded to you a copy of an evaluation form for you to complete on my performance as City Manager over the last year pursuant to the terms of my employment agreement. The performane evaluation, in addition to serving as a tool to help me serve you better, is also the basis of any wage adjustment that you may contemplate and determine to be appropriate. RECOMMENDATION: The City Manager recommends that City Council conduct the performance evaluation as submitted. BUDGET/FISCAL IMPACT: No funding is required for this item at this time. ATTACHMENTS: Description City Manager Performance Evaluation Form Page 166 Type Backup Material City of New Port Richey Performance Appraisal for City Manager 5919 Main Street New Port Richey, FL 34652 (727) 853-1021 Employee Information Name: Job Title: Date of Appraisal: Type of Appraisal: Annual Probationary Special Other Performance Factors I. Administration a. Execution of programs, plans, issues and policies b. Development and management of budget finances c. Delegation/assignment of responsibilities d. Attendance at meetings e. Supervision of employees f. Monitoring of department operations g. Reporting Outstanding 5 Superior Good 4 Needs Improvement 3 2 Comments: II. Leadership a. Development and facilitation of others b. Responds well to unexpected situations c. Serves as an effective sample d. Inspires others to put forward their best efforts e. Maintains high standards f. Is able to gain understanding, support and mobilize action g. Projects a strong sense of self confidence h. Recognition of future needs, problems and opportunities i. Conducts effective meetings Updated: 4/9/2015 Page 167 Unsatisfactory 1 j. Creates and promotes a collaborative team atmosphere k. Consistently operates from a position of high moral, ethical and professional conduct Outstanding Superior 5 Good 4 Needs Improvement 3 2 Unsatisfactory 1 Comments: III. Initiative/Commitment a. Dedication b. Service above and beyond call c. Time commitment d. Conscientiousness e. Sincere interest/devotion to job f. Inventiveness and imagination g. Willingness to pursue challenges h. Motivation Outstanding Superior 5 Good 4 Needs Improvement 3 2 Unsatisfactory 1 Comments: IV. Problem Solving/Judgment a. Application of common sense, logic and decision-making principles b. Ability to anticipate problems before they occur c. Assembly of data d. Ability to define problems and identify alternatives e. Implements appropriate and prudent responses to problems f. Makes decisions based on a mixture of analysis, wisdom, experience and judgment g. Application of abstract concepts h. Creativity i. Accepts responsibility to make decisions on his/her own Outstanding Updated: 4/9/2015 Page 168 Superior Good Needs Improvement Unsatisfactory 5 4 3 2 1 Comments: V. Planning/Organization a. Meets deadlines b. Development of strategies for implementation c. Looks ahead d. Establishes goals for productivity e. Utilization of resources f. Attention given to detail and the process Outstanding 5 Superior 4 Good Needs Improvement 3 2 Unsatisfactory 1 Comments: VI. Responsiveness/Accountability a. Identification with goals and procedures of organization b. Implementation of directives c. Establishment of an appropriate sense of urgency d. Persistence in meeting challenges e. Obtains responsiveness from subordinates f. Backs up team by standing by them on challenging issues Outstanding 5 Comments: Updated: 4/9/2015 Page 169 Superior 4 Good 3 Needs Improvement 2 Unsatisfactory 1 VII. Professional Presentation a. Conducts self in businesslike manner b. Appropriateness of dress c. Presentation of proper image d. Conveyance of friendliness, approachability e. Maintenance of positive demeanor Outstanding 5 Superior Good 4 Needs Improvement 3 2 Unsatisfactory 1 Comments: VIII. Public Relations a. Ability to interact in positive fashion with public b. Community relations c. Involvement in civic affairs d. Attentiveness to needs/desires of public e. Visibility in community Outstanding 5 Superior Good 4 3 Needs Improvement 2 Unsatisfactory 1 Comments: IX. Productivity a. Volume/quantity of work b. Attainment of goals c. Completion of assignments and projects d. Development of productive staff Outstanding 5 Comments: Updated: 4/9/2015 Page 170 Superior 4 Good 3 Needs Improvement 2 Unsatisfactory 1 X. Interpersonal Skills a. Relationships with subordinates b. Gains understanding, respect of others c. Demonstration of consideration for others d. Interaction with others results in positive relationships e. Gives credit where credit is due f. Rewards efforts and achievements of staff Outstanding Superior 5 Good 4 3 Needs Improvement 2 Unsatisfactory 1 Comments: XI. Professional Development a. Pursuance of self improvement b. Sets high standards for self c. Attends seminars and conferences d. Participation in professional associations e. Review of literature and journals f. Maintains contact with others in the field Outstanding Superior 5 4 Good 3 Needs Improvement 2 Comments: XII. Communication a. Preparation of thorough, accurate, clear reports Updated: 4/9/2015 Page 171 Unsatisfactory 1 b. Proper and timely Council agenda reports c. Effectiveness in presentations before groups and one-on-one d. Practices honest and open communication e. Ability to listen actively/understand f. Proficient in multiple communication techniques i.e. persuasion, negotiation & counseling g. Conveys proper level of information Outstanding 5 Superior 4 Good 3 Comments: Total Point Rating: ______________ / 60 Updated: 4/9/2015 Page 172 Needs Improvement 2 Unsatisfactory 1