City Council Meeting (2024-09-23)

REGULAR COUNCIL MEETING A Regular Council Meeting was held on September 23, 2024 at 6:00 p.m. in the Council Chambers of City Hall and Via GoToMeetmg (571) 317-3412- Access Code:970-758-869. Council President Kenneth M. Burgess, Jr. called the meeting to order at 6:07 p.m. Roll call was taken. Present were members Kenneth M. Burgess, Jr, Charles Proctor, Steven F. Spina, PhD. and Mayor Melonie Bahr Monson. City Manager William Poe and City Attorney Matthew Maggard were also present. Jodi Wilkeson and Lance Smith were absent. Staff present: CRA Director Gail Hamilton, HR & Risk Management Director Sandra Amerson, Public Works Director Shane LeBlanc, Planning Director Todd Vande Berg, Airport Manager Nathan Coleman, Utilities Director John Bostic Ill, Public Information Officer Kevin Weiss, IT Director Michael Panak, Finance Director Ted Beason, Deputy Building Official Kalvin Switzer, Principal Planner Rodney Corriveau, GIS Community Planner Tommy-Lee Hunt and Acting City Clerk Ricardo Quinones. The Invocation led by Pastor Fran of Oasis Church, followed by the Pledge of Allegiance. CITIZEN COMMENTS - FOR ITEMS NOT ALREADY ON THE AGENDA Vicki Wiggins - 38550 5th Avenue, Zephyrhills – spoke from the floor Vicki reminded Council of the Access East Pasco event at Saint Leo University. ** Mayor Monson asked that an emergency item be added to the agenda** Steve Spina moved to add the emergency item. Seconded by Charles Proctor. Motion Passed, 3-0. * *Emergency Item ** First Reading RESOLUTION 829-24 Local State of Emergency Tropical Cyclone 9 City Attorning Matthew Maggard read Resolution 829-24 by title. Steve Spina motioned to approve Resolution No. 829-24 on the First Reading. Seconded by Charles Proctor. Motion Passed, 3-0. 1. MAYOR 1.1 Sarah Vande Berg Tennis Foundation 4th Annual "Raise a Racquet" Fundraising Event Nick Walton gave a presentation on the Sarah Vande Berg Tennis Foundation's youth programs in Zephyrhills. Steve Spina motioned to approve a $15,000 contribution to support youth programs. Seconded by Charles Proctor. Motion Passed, 3-0. 2. CONSENT ITEMS 2.1 Approval of Agreement 41-19-39A First Amendment to Advanced Environmental Laboratory 2.2 Approval of Task Assignment to Killebrew to construct the Palm Grove Dr. Watermain. 2.3 Approval of Kimley-Horn Work Order NO. 24-148 5th Avenue Preliminary Design Plans 2.4 Approval of Kimley-Horn Work Order NO. 24-152 Dairy Road Extension Drainage 2.5 Approval of Kimley-Horn Work Order NO. 24-157 US 301 & Pretty Pond Rd Intersection Improvements

2.6 Approval of Kimley-Horn Work Order NO. 24-158 Daughtery Rd & Green Slope Dr Intersection Improvements 2.7 Approval of Kimley-Horn Work Order NO. 24-159 US 301 at Daughtery Rd & Chancey Rd at Copeland Dr Improvements 2.8 Approval of Kimley-Horn Work Order NO. 24-160 Eiland Boulevard & Fort King Intersection Improvements 2.9 Approval of Kimley-Horn Work Order NO. 24-161 US 301 & Geiger Intersection Improvements 2.10 Approval of Kimley-Horn Work Order NO. 24-162 North Avenue & 8th St Intersection Improvements 2.11 Approval of Utility Agreement 45-24-30 Handy Food Stores 2.12 2024 Audit Engagement Letter No. 37-24-12 with DG Perry - One Year Extension for City Audit Services Charles Proctor motioned to approve the 12 consent items as presented. Seconded by Steve Spina. Motion Passed, 3-0. 3. BUSINESS ITEMS/PUBLIC HEARING 3.1 Adopt Final Millage Second Reading ORDINANCE NO. 1492-24 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, LEVYING THE MILLAGE RATE FOR FISCAL YEAR 2024-2025 FOR THE CITY OF ZEPHYRHILLS." City Attorney Matthew Maggard read ITEM by title. Council President opened a public hearing. Finance Director Ted Beason said Council is being asked to approve a millage rate of 6.25 which is 4.95% above the rollback rate. Council President closed the public hearing. Steve Spina motioned to approve Ordinance No. 1492-24 on the Second Reading. Seconded by Charles Proctor. Motion Passed, 3-0. 3.2 Adopt Final Budget Second Reading ORDINANCE NO. 1493-24 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, ADOPTING A BUDGET FOR THE 2024-2025 FISCAL YEAR." City Attorney Matthew Maggard read Ordinance No. 1493-24 by title. Council President opened a public hearing. Council President Burgess noted that there have been several workshops and discussions on the final budget. Council President closed the public hearing. Charles Proctor motioned to approve Ordinance No. 1493-24 on the Second Reading. Seconded by Steve Spina. Motion Passed, 3-0. 3.3 Reclaimed Water, Sewer and Potable Water Rates Second Reading ORDINANCE NO. 1473-24 - "AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA AMENDING SECTION 51.075 OF THE CITY CODE OF ORDINANCES ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR THE USE OF OR AVAILABILITY FOR THE USE OF POTABLE WATER, WASTEWATER, AND RECLAIMED WATER; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. " City Attorney Matthew Maggard read Ordinance 1473-24 by title. Council President opened a public hearing. Finance Director Ted Beason reminded Council that the rate has not been touched since 2021 and staff is recommending the 3% increase to meet City needs. The rate increase will go into effect October 1, 2024 Council President closed the public hearing. Steve Spina motioned to approve Ordinance 1473-24 on the Second Reading. Seconded by Charles Proctor. Motion Passed, 3-0. 3.4 5L Property Annexation Second Reading. ORDINANCE NO. 1490-24 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA ANNEXING APPROXIMATELY 12.92 ACRES (MOL) INTO THE CORPORATE LIMITS OF THE CITY OF SAID CITY DESCRIBED AS PARCEL 18-26-22-0010-00500-0000 ZEPHYRHILLS, FLORIDA, IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE." City Attorney Matthew Maggard read Ordinance 1490-24by title. Council President opened a public hearing. Councilman Spina noted that this project is not subject to the residential moratorium currently in place. Council President closed the public hearing. Charles Proctor motioned to approve Ordinance 1490-24 on the Second Reading. Seconded by Steve Spina. Motion Passed, 3-0. 3.5 5L Property Future Land Use Map Amendment and Rezoning Second Reading. ORDINANCE NO. 1491-24 - "AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA PROPOSING AN AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN, PROVIDING FOR A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT TO THE FUTURE LAND USE MAP CHANGING FROM COUNTY IL TO CITY IN (INDUSTRIAL) AND THE ZONING DESIGNATION FROM COUNTY AC TO CITY Ll (LIGHT INDUSTRIAL) FOR APPROXIMATELY 12.92 ACRES OF REAL PROPERTY LOCATED SOUTH OF 6TH AVENUE, WEST OF CHANCEY ROAD AND EAST OF THE ZEPHYRHILLS MUNICIPAL AIRPORT AND HAVING PARCEL 18- 26-22-0010-00500-0000•, PROVIDING FOR REPEALER, CONFLICT SEVERABILITY, AND AN EFFECTIVE DATE." City Attorney Matthew Maggard read Ordinance No. 1491-24 by title. Council President opened a public hearing. None spoke from the floor. Council President closed the public hearing.

Steve Spina motioned to approve Ordinance No. 1491-24 on the Second Reading. Seconded by Charles Proctor. Motion Passed, 3-0. 3.6 Zephyr Lakes/Abbott Park Final Plat Phase 3 City Manager Poe updated Council on the discussion on resolving road alignment issues with Duke Energy. City Attorney Maggard said there is a Bond in place with the county to cover construction costs. Principal Planner Rodney Corriveau gave a discussed the technical aspects of the Platt. Discussion followed regarding stormwater issues. Councilman Spina asked to add discussion on the moratorium and water use permit on a future agenda. Charles Proctor motioned to approve the Zephyr Lakes/Abbott Park final plat Phase 3. Seconded by Steve Spina. Motion Passed, 3-0. 4. CITY ATTORNEY'S REPORT 4.1 Smoking Prohibited in City Parks; Vaping Prohibited on City Property First Reading ORDINANCE NO. 1494-24 "AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA CREATING SECTION 130.24 SMOKING PROHIBITED IN CITY PARKS AND VAPING PROHIBITED IN OR ON CITY PROPERTY; ESTABLISHING PROHIBITED CONDUCT, DEFINITIONS AND PENALTIES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE." City Attorney Matthew Maggard read Ordinance No. 1494-24 by title. Discussion followed regarding enforcement and advertising. Steve Spina motioned to approve Ordinance No. 1494-24 on the First Reading. Seconded by Charles Proctor. Motion Passed, 3-0. 5. CITY MANAGER'S REPORT 5.1 Approval of agreement 41-24-23 with Hidden River Homeowners Association for repayment of liftstation upgrades. City Manager Poe said two of the four liftstations were not built to code. The City will update and take ownership of the liftstations. Hidden River HOA will repay half of the upgrade costs to the City over ten years or sooner. Charles Proctor motioned to approve agreement 41-24-23. Seconded by Steve Spina. Motion Passed, 3-0. 5.2 Approval of Task Order with RCM for liftstation improvements at Hidden River Subdivision City Manager Poe said this is the companion item to Agreement 41-24-23. This authorizes the improvements to the liftstations. Steve Spina motioned to approval of Task Order with RCM for liftstation improvements at Hidden River Subdivision. Seconded by Charles Proctor. Motion Passed, 3-0.

5.3 Interlocal Agreement 41-24-24 for Joint Planning Area City Manager Poe summarized the proposed agreement noting that it specifically addresses Transportation capacity impacts caused by development in the Zephyrhills area and identifies a list of qualifying joint projects to be funded by both parties. Councilman Spina asked if that the City would be required to hold 90% of all impact fees. City Manager Poe clarified that it was only 90% of Transportation Impact fees. Discussion followed. Steve Spina motioned to approve Interlocal Agreement 41-24-24. Seconded by Charles Proctor. Motion Passed, 3-0. MAYOR ANNOUNCEMENTS Mayor Monson asked for an update on the City’s water use permit. City Manager Poe said that we are in the final stages of approval, the most recent draft was submitted Friday. Mr. Poe will ask the consultants to come and explain the conditions better. Mayor Monson also reminded Council about the upcoming EPEDC Economic Summit with a focus on Transportation. She asked if the PIO could blast an announcement to residents. CITY MANAGER ANNOUNCEMENTS Mr. Poe reported -Requests to SWFWMD from the City and Pasco County to survey conveyance systems. Zephyr Creek has been cleared allowing water to flow. -Gratitude to Public Works for pumping efforts in the City. Ponds are not perking quickly. -Zephyrhills News closed, the City will obtain hard copies to store at the Library. CITY ATTORNEY ANNOUNCEMENTS City Attorney asked Council to recall the vote on Ordinance No. 1473-24 to correct the reading. Steve Spina motioned to recall the vote on Ordinance No. 1473-24. Seconded by Charles Proctor. Motion Passed, 3-0. City Attorney read Ordinance No. 1473-24 by title. Steve Spina motioned to approve Ordinance No. 1473-24 on the Second Reading. Seconded by Charles Proctor. Motion Passed, 3-0. CITY COUNCIL COMMENTS Spina – Thanked the City Manager for his work pumping water in the City. Proctor – Thanked SVB tennis center for community work and Finance for FY’25 Budget. Burgess – Acknowledged it is a busy time and thanked Staff for their great work. 6. NOTED ITEMS 6.1 SUB 3 1-22 Tyson Townhomes Performance Bond Release

ADJOURN 7:15 p.m. Submitted by Ricardo Quiñones