City Commission Regular Meeting

City Commission Meeting Minutes January 17, 2023 (APPROVED) 1/17/2023 - Minutes 1. INVOCATION Rob Quam gave the invocation. 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER Deputy Mayor Robin Gibson called the meeting to order at approximately 6:00 p.m. after the invocation and the pledge of allegiance. 4. ROLL CALL Commissioners Present: Robin Gibson, Terrye Howell, Danny Krueger Commissioner Absent: Mayor Jack Hilligoss, Daniel Williams Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert Galloway, Jr., City Attorney 5. PROCLAMATIONS AND AWARDS 5.I. PROCLAMATION - General Aviation Month Deputy Mayor Gibson presented a proclamation declaring January general Aviation month to Amanda Kirby, Airport Manager. 6. COMMENTS AND PETITIONS Michael Richards, resident, commended the decision about the Florida Water Star Program. He recommended adding solar and electric buses to make Lake Wales a sustainable City. Catherine Price, resident, spoke on the comment cards and said they are a bit awkward. Becky Wynkoop, resident, spoke against allowing citizen boards to grant variances on economic development projects. This should come before Commission. James Wells, resident, asked about the Austin Center. He would like another home for the Boys and Girls Club. He would like more trees planted in the Northwest area. 7. CONSENT AGENDA Commissioner Krueger made a motion to approve the Consent Agenda. Commissioner Howell seconded the motion. by voice vote: 7. CONSENT AGENDA Commissioner Krueger made a motion to approve the Consent Agenda. Commissioner Howell seconded the motion. by voice vote: Commissioner Krueger "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES" Motion passed 3-0. 7.I. Minutes - January 3 & 11, 2023 7.II. Staff Recommends Commission Authorize The Wastewater Plant Maintenance Building Expansion To Be Performed By SEMCO Construction In The Amount Of $186,168.00. [Begin agenda Memo] SYNOPSIS: Staff recommends commission authorize the Wastewater Plant Maintenance building expansion to be performed by SEMCO Construction in the amount of $186,168.00. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Authorize the wastewater plant building upgrades by SEMCO Construction in the amount of $186,168.00. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The existing maintenance building was built approximately 14 years ago. Over the past decade, we have increased the equipment inventory, pump and motor inventory, and spare parts and the current maintenance building has proven to be too small for its needed purposes. The additional 40’ x 30’ metal building addition will accommodate the storage space needed for the additional equipment, bypass pumps, motors and plant inventory spare parts. The upgrade to the facility is being done in an attempt to improve the functionality of the maintenance building. A more detailed account of work to be performed is outlined on the attached quote. Staff recommends commission authorize the wastewater plant building upgrades by SEMCO Construction in the amount of $186,168.00 and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION The commission could choose not to go forward with these much needed upgrades at this time. FISCAL IMPACT $250,000 was placed in the 2022-2023 Capital Improvement budget for this building expansion. [End Agenda Memo] 7.III. Elevated Water Storage Tank Maintenance [Begin Agenda Memo]  [End Agenda Memo] 7.III. Elevated Water Storage Tank Maintenance [Begin Agenda Memo] SYNOPSIS: Staff is seeking commission approval for the expenditure of funds of $38,500.00 for additional repairs to the Park Water Service Area (PWS) Water Storage Tank by Tank Rehab, LLC. RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the expenditure of funds for $38,500.00 for tank repairs by Tank Rehab, LLC. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND In August 2003, the Florida Department of Environmental Protection instituted more stringent regulations regarding the maintenance of water storage tanks. These regulations require annual inspections of the tanks to insure protection of the water source from contamination and identify any structural problems that may need repair. The City has an annual contract for these services with Tank Rehab, LLC. The contract was bided and awarded prior to the City purchasing the Park Water Service Area. In order to include the water storage tank in the PWS area on the previously awarded contract, Tank Rehab, LLC had to come out and access the condition of the storage tower. The Commission approved the expenditure for the inspection at its June 7, 2022 commission meeting. Tank Rehab discovered the water storage tank was in much needed repair, following the initial repairs the tank was on schedule to put back on-line. Once water was introduced back to the tank it was discovered that the tank had additional leaks. It was also stipulated that until these repairs were made, the tank could not be added to the existing contract. Although some repairs have already been made the tank has to remain off line until these additional repairs can be made. Staff is recommending the City Commission take the following action, approve the expenditure of funds for $38,500.00 to Tank Rehab, LLC to repair the PWS water storage tower, utilizing the current annual contract. OTHER OPTION The Commission could choose to not approve the expenditure; as a result, the storage tank would continue to stay off line until repairs could be made. FISCAL IMPACT $200,000.00 was included in the Water Division’s FY22‘23 M&R Storage Tanks budget line item to cover the repairs/maintenance to the water storage towers. [End Agenda Memo] 8. OLD BUSINESS 8.I. Ordinance 2022-27 Annexation – 67.73 Acres Of Land South Of Lake Bella Road And East Of US Highway 27. 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2022-27 proposes the voluntary annexation of approximately 67.73 acres of land south of Lake Bella Road and east of US Highway 27, and contiguous to the 8.I. Ordinance 2022-27 Annexation – 67.73 Acres Of Land South Of Lake Bella Road And East Of US Highway 27. 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2022-27 proposes the voluntary annexation of approximately 67.73 acres of land south of Lake Bella Road and east of US Highway 27, and contiguous to the incorporated City limits. RECOMMENDATION Staff recommends adoption after second reading of Ordinance 2022-27 following a public hearing. City Commission approved Ordinance 2022-27 at first reading on September 20, 2022. A recommendation from the Planning and Zoning Board is not required for an annexation ordinance. BACKGROUND Owners, Rama Food Mart LLC, Mckenna Brothers Inc, Hunt Bros Inc, E N C Inc, and Ronald McCall, petitioned annexation into the corporate city limits of Lake Wales in November and December of 2021. The applicant requested the second reading of the annexation to be read concurrently with the second reading of the land use and zoning amendments. “Attachment A” to the ordinance shows the property’s location. It is contiguous to the City Limits along its northwestern boundary. OTHER OPTIONS Decline to annex the property. FISCAL IMPACT The annexation will add to the City’s tax roll. The properties are valued at a total of over 1.1 million, which would bring in additional property taxes. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2022-27 by title only. ORDINANCE 2022-27 (Annexation – 67.73 acres of land south of Lake Bella Road and east of US Highway 27) Parcel ID: 272910-000000-044040 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 67.73 ACRES OF LAND, CONTIGUOUS TO THE INCORPORATED TERRITORY OF THE CITY OF LAKE WALES, SHOWN ON ATTACHMENT “A” AND SPECIFICALLY DESCRIBED HEREIN; GIVING THE CITY OF LAKE WALES JURISDICTION OVER THE LAND ANNEXED; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING Corby Myers, Attorney for property owners, requested that this item be continued to the next meeting. James Slaton, City Manager, confirmed the request and asked for the next 2 items which are related to be continued as well. The Commission consented to this. CLOSED PUBLIC HEARING 8.II. Ordinance D2022-28 - Large Scale Future Land Use Amendment For 67.73 Acres Of Land South Of Lake Bella Road And East Of US Highway 27. 2nd Hearing And Public Hearing SYNOPSIS: Property owners request a recommendation to City Commission to amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 67.73 acres. 8.II. Ordinance D2022-28 - Large Scale Future Land Use Amendment For 67.73 Acres Of Land South Of Lake Bella Road And East Of US Highway 27. 2nd Hearing And Public Hearing SYNOPSIS: Property owners request a recommendation to City Commission to amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 67.73 acres. RECOMMENDATION Adoption at second reading, following a public hearing to re-assign the following zoning designation, as recommended by the Planning and Zoning Board at a regular meeting on August 23, 2022: Current Land Use: Polk County Polk County Linear Commercial Corridor (LCC), & Agriculture/Rural Residential (A/RR) Proposed Land Use: Limited Commercial Industrial (LCI) – 8.54 acres, Low Density Residential (LDR) – 59.19 acres City Commission approved Ordinance D2022-28 at first reading on September 20, 2022. BACKGROUND The subject property is located south of Lake Bella Road and east of US Highway 27, just north and west of Blue Lake. This parcel is adjacent to city limits on its western and northern boundaries and is located northwest of Blue Lake. The owners petitioned annexation into the corporate city limits of Lake Wales in November and December of 2021. It has been requested that the annexation be brought together with land use and zoning amendments. There are no immediate development plans for these parcels. However, if development is contemplated for this property, the developer or owner would be required to engage in conversations with the city to discuss development processes. The western portion of the site along US Highway 27, comprising of 8.54 acres owned by Rama Food Mart LLC, will have a land use designation and zoning designation of Limited Commercial Industrial (LCI). This designation is consistent with the northern adjacent properties with land use and zoning designations of Business Park Center/Business Park. The remaining 59.19 acres, more or less, will have a land use of Low Density Residential and zoning of R-1A. Designations for the 59.19 acres are consistent with the surrounding county lands designated as Agriculture/Residential Rural and keep compatibility with the existing homes along Blue Lake. At a regular meeting on July 26, 2022, the Planning and Zoning Board continued this agenda item to the August Planning and Zoning Board meeting due to concerns of compatibility. The original request proposed a land use and zoning designation of Business Park Center and Business Park for 10 acres adjacent to Lake Bella Road and the Heath Corporation. The Board’s recommendations were considered by the applicant and the request now proposes a land use designation of Low Density Residential and zoning designation of R-1A, after taking their original request to the Planning and Zoning Board for a second time. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns future Land Use designations by ordinances upon a recommendation from the Planning & Zoning Board. The proposed ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan.  The City Commission assigns future Land Use designations by ordinances upon a recommendation from the Planning & Zoning Board. The proposed ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. FISCAL IMPACT The properties are valued at a total of over 1.1 million dollars, bringing in additional property taxes. Assignment would enable the development of these properties that would potentially increase property value and generate potential revenue [End Agenda Memo] This item will be continued at another meeting. 8.III. Ordinance D2022-29 - Zoning Map Amendment For 67.73 Acres Of Land South Of Lake Bella Road And East Of US Highway 27. 2nd Hearing And Public Hearing [Begin Agenda Memo] SYNOPSIS: Property owners request a recommendation to City Commission to amend the Zoning Map on parcels of land totaling approximately 67.73 acres. RECOMMENDATION Adoption at second reading, following a public hearing to re-assign the following zoning designation, as recommended by the Planning and Zoning Board at a regular meeting on August 23, 2022: Current Zoning: Polk County Linear Commercial Corridor (LCC), & Agriculture/Rural Residential (A/RR) Proposed Zoning: Limited Commercial Industrial (LCI) – 8.54 acres, Residential R-1A – 59.19 acres City Commission approved Ordinance D2022-29 at first reading on September 20, 2022. BACKGROUND The subject property is located south of Lake Bella Road and east of US Highway 27, just north and west of Blue Lake. This parcel is adjacent to city limits on its western and northern boundaries and is located northwest of Blue Lake. The owners petitioned annexation into the corporate city limits of Lake Wales in November and December of 2021. It has been requested that the annexation be brought together with land use and zoning amendments. There are no immediate development plans for these parcels. However, if development is contemplated for this property, the developer or owner would be required to engage in conversations with the city to discuss development processes. The western portion of the site along US Highway 27, comprising of 8.54 acres owned by Rama Food Mart LLC, will have a land use designation and zoning designation of Limited Commercial Industrial (LCI). This designation is consistent with the northern adjacent properties with land use and zoning designations of Business Park Center/Business Park. The remaining 59.19 acres, more or less, will have a land use of Low Density Residential and zoning of R-1A. Designations for the 59.19 acres are consistent with the surrounding county lands designated as Agriculture/Residential Rural and keep compatibility with the existing homes along Blue Lake. At a regular meeting on July 26, 2022, the Planning and Zoning Board continued this agenda  acres, more or less, will have a land use of Low Density Residential and zoning of R-1A. Designations for the 59.19 acres are consistent with the surrounding county lands designated as Agriculture/Residential Rural and keep compatibility with the existing homes along Blue Lake. At a regular meeting on July 26, 2022, the Planning and Zoning Board continued this agenda item to the August Planning and Zoning Board meeting due to concerns of compatibility. The original request proposed a land use and zoning designation of Business Park Center and Business Park for 10 acres adjacent to Lake Bella Road and the Heath Corporation. The Board’s recommendations were considered by the applicant and the request now proposes a land use designation of Low Density Residential and zoning designation of R-1A, after taking their original request to the Planning and Zoning Board for a second time. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns Zoning designations by ordinances upon a recommendation from the Planning & Zoning Board. FISCAL IMPACT The properties are valued at a total of over 1.1 million dollars, bringing in additional property taxes. Assignment would enable the development of these properties that would potentially increase property value and generate potential revenue [End Agenda Memo] This item will be continued at another meeting. 8.IV. Ordinance 2023-01 - Petition To Establish The Hunt Club Grove Community Development District (CDD). 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2023-01 proposes the establishment of the Hunt Club Grove Community Development District (hereinafter referred to as the “CDD”), as petitioned by Hunt Club Grove North at Lake Wales LLC and Hunt Club Grove South at Lake Wales LLC. RECOMMENDATION Staff recommends adoption at second reading of Ordinance 2023-01 following a public hearing. The ordinance was approved by City Commission on January 3, 2023. Public Hearing notice requirements have been met. A recommendation from the Planning and Zoning Board is not required for the establishment of a CDD. BACKGROUND Hunt Club Grove is a residential Planned Development Project (PDP) separated into Hunt Club North, and Hunt Club South, located west of Hunt Brothers Road and South of State Road 60. Hunt Club North PDP, 130 acres of vacant land, was approved in 2022 for a 600-lot single-family residential subdivision, which includes 147 single-family attached town homes. Hunt Club South, 104 acres of vacant land, was also approved in 2022 for a 542-lot single-family residential subdivision, including 191 townhomes. Staff reviewed the CDD submittal for consistency with the “Uniform Community Development Act of 1980”, Chapter 190, Florida Statutes, which sets forth the exclusive and uniform method for establishing a community development district for the land area for which the CDD would manage and finance the delivery of basic services. The proposed petition meets the requirements of Chapter 190. The Hunt Club Grove CDD would be the third established in the City to date. Lake Ashton first developed as a Community Development District, and Leoma’s Landing was approved for the establishment of a CDD in 2021. The proposed Infrastructure Plan is listed below: HUNT CLUB GROVE - NORTH Preliminary Proposed Facilities and Services The Hunt Club Grove CDD would be the third established in the City to date. Lake Ashton first developed as a Community Development District, and Leoma’s Landing was approved for the establishment of a CDD in 2021. The proposed Infrastructure Plan is listed below: HUNT CLUB GROVE - NORTH Preliminary Proposed Facilities and Services FACILITY FUNDED OWNED MAINTAINED Stormwater Management Systems CDD CDD CDD Utilities (Lift Stations, Water, & Sewer) CDD CITY OF LAKE WALES CITY OF LAKE WALES Site Preparation/ Internal Roadway & Hamlin St Improvements CDD CDD CDD Hardscapes, Landscapes, and Irrigation CDD CDD HOA Open Space, Wetland Buffers, Ponds, Amenities CDD CDD HOA HUNT CLUB GROVE - SOUTH Preliminary Proposed Facilities and Services FACILITY FUNDED OWNED MAINTAINED Stormwater Management Systems CDD CDD CDD Utilities (Lift Stations, Water, & Sewer) CDD CITY OF LAKE WALES CITY OF LAKE WALES Site Preparation/ Internal Roadway Improvements CDD CDD CDD Hardscapes, Landscapes, and Irrigation CDD CDD HOA Open Space, Wetland Buffers, Ponds, Amenities CDD CDD HOA OTHER OPTIONS Decline request to establish Hunt Club Grove CDD. FISCAL IMPACT Once water and wastewater improvements are constructed at the developer’s expense, these facilities will be subsequently dedicated to the City for operation and maintenance and will create a long-term fiscal impact. The utility system is valued at approximately $8,758,052. Based on an average monthly utility bill of $70.00 per single-family home within city limits, the City may collect over $959,000 in utility bill fees annually within the Hunt Club development. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-01 by title only. ORDINANCE NO. 2023-01 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, ADOPTING ORDINANCE NO. 2023-01 TO GRANT THE PETITION FOR THE CREATION OF THE HUNT CLUB GROVE COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES, CONCERNING THAT CERTAIN APPROXIMATELY 234.999 +/- ACRES OF LAND; DESCRIBING THE BOUNDARIES OF THE HUNT CLUB GROVE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, ADOPTING ORDINANCE NO. 2023-01 TO GRANT THE PETITION FOR THE CREATION OF THE HUNT CLUB GROVE COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES, CONCERNING THAT CERTAIN APPROXIMATELY 234.999 +/- ACRES OF LAND; DESCRIBING THE BOUNDARIES OF THE HUNT CLUB GROVE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Nika K Hossenini, attorney from Cobb Cole in DeLand, reviewed this project. She reviewed a memo on the operation of CDDS. Deputy Mayor Gibson said he is in favor of CDDs because they are local government closer to the people to address infrastructure. He asked if this project has a reserve fund so we aren't looking at a failed operation. Ms. Hossenini said improvements have been made with transparency in audits by the state and banks. There is a reserve fund. She reviewed the steps if there is a default. At the end of the day the bond holders are on the hook. Deputy Mayor Gibson said this approval is the last stop for the City. Issues are handled by others. When is the reserve fund established? Ms. Hossenini said after the CDD is established. Commissioner Howell asked if this will harm the City? Ms. Hossenini said there are different ways of funding improvements and reviewed CDDs compared to an HOA. The CDD is independent of the City. City has no responsibility to CDD. The state does have oversight. Commissioner Krueger says CDDs have an elected board that are responsible to the residents. Deputy mayor Gibson said Lake Ashton is a fine CDD. OPENED PUBLIC HEARING David Price, resident, expressed concern that the development may be too small for a CDD. The cost for a CDD may be too high. The City may have to get involved somehow. He is concerned about the homes being too small. Deputy Mayor Gibson said there is no financial responsibility for the City. Becky Wynkoop, resident, shared an example of failed development. CLOSING PUBLIC HEARING Deputy Mayor Gibson asked where this development stands with regard to the preliminary efforts for the land use plan. Mr. Slaton said this project has been long approved. He does not have the site plan in front of him. We cannot assume that the houses are low cost. 80% of homes in Lake Wales are valued at $200,000 - $250,000. Mark Bennett, Development Services Director, said the residents of the CDD will pay for the roads and other infrastructure instead of other City residents. Deputy Mayor Gibson explained that he is in favor of special assessments because those who pay are those who benefit. Commissioner Howell asked if there are homes and buildings in this development. Will there be businesses? Deputy Mayor Gibson said its homes and amenities. There will be no businesses. Commissioner Krueger made a motion to adopt ORDINANCE 2023-01 after 2nd Reading and Public Hearing. Commissioner Howell seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES"  Commissioner Krueger "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES" Motion passed 3-0. 9. NEW BUSINESS 9.I. Staff Report Bok Estates PDP (Tabled) This item was tabled. 9.II. Oakridge PDP (Tabled) This item was tabled. 9.III. ORDINANCE 2023-03 Franchise Agreement – Duke Energy 1st Reading [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of a Franchise Agreement with Duke Energy. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve after 1st reading Ordinance 2023-03 Franchise Agreement with Duke Energy. 2. Authorize the Mayor to execute the necessary documents on behalf of the City. BACKGROUND The 30-year Franchise Agreement with Duke Energy (DE) has expired and DE desires to enter into a new agreement with the City. The Franchise Agreement grants express permission for the electric utility’s infrastructure to remain in the City's rights-of-way for the Utility’s continued operations. DE pays to the City approximately $1.6 Million in Franchise Fees (6% of Duke’s Base Revenues) annually for use of the City’s rights-of-way. The Franchise Area mirrors the city limits of Lake Wales and thus expands or contracts with the city’s boundaries. Section 4 (D) of the agreement provides for the use of the City’s rights-of-way for the purpose of construction or installation of solar-generating facilities by entities other than DE. Understanding that innovations in energy-generating technology may arise in the future, DE has agreed to a 10- year agreement term that will be renegotiated in a much shorter timeline than the previous Franchise Agreement. OTHER OPTIONS 1. Do not approve the Franchise Agreement and direct staff to continue negotiations with Duke Energy. FISCAL IMPACT The current-year fiscal impact of the Franchise Agreement is approximately $1.6 Million revenue into the City’s General Fund. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-03 by title only. ORDINANCE 2023-03 AN ORDINANCE GRANTING TO DUKE ENERGY FLORIDA, LLC d/b/a DUKE ENERGY, AN  Jennifer Nanek, City Clerk, read ORDINANCE 2023-03 by title only. ORDINANCE 2023-03 AN ORDINANCE GRANTING TO DUKE ENERGY FLORIDA, LLC d/b/a DUKE ENERGY, AN ELECTRIC UTILITY RIGHTS OF WAY UTILIZATION FRANCHISE; PRESCRIBING THE TERMS AND CONDITIONS RELATED TO THE OCCUPANCY OF MUNICIPAL STREETS AND RIGHTS OF WAY IN THE CITY OF LAKE WALES, FLORIDA, FOR THE PURPOSE OF PROVIDING ELECTRIC SERVICE; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF LAKE WALES, FLORIDA: Deputy Mayor Gibson asked about charging stations for electric vehicles. Kris Tietig, Duke Energy, shared about programs for charging stations and said Duke Energy will work with the City on this. This possibility was discussed. James Slaton, City Manager, said two are in the plans for Park Avenue. James Slaton, City Manager, reviewed changes in this agreement from the earlier one. Deputy Mayor Gibson asked about education efforts in the schools. Nancy Dodd, Duke Energy, confirmed that they have a program in McLaughlin Middle School. Commissioner Howell made a motion to approve ORDINANCE 2023-03 after 1st Reading. Commissioner Krueger seconded the motion. by roll call vote: Commissioner Howell "YES" Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Motion approved 3-0. 9.IV. Resolution 2023-01 CRA Expansion Finding Of Necessity Study [Begin Agenda Item] SYNOPSIS: At the August 9, 2022 meeting, the CRA Board authorized S&ME to determine the feasibility of expanding the community redevelopment area, called a Finding of Necessity (FON) study. Laura Canary from S&ME provided a presentation to outline the FON process, findings, and next steps to the CRA Board on January 10, 2023. The next step is for the City Commission to adopt a Resolution to accept, approve and adopt the CRA FON. RECOMMENDATION A recommendation to adopt Resolution 2023-01 providing for acceptance, approval and adoption of the CRA FON Report. BACKGROUND Florida Statute requires a process to complete a FON study and S&ME was hired to examine the specified area for qualification and consideration to be included within the Lake Wales Community Redevelopment Area. FISCAL IMPACT None at this time. Depending on action of the City Commission, future impacts could affect ad valorem revenues and certain expenses to incorporate the FON into the Community Redevelopment Plan. [End Agenda Memo]  FISCAL IMPACT None at this time. Depending on action of the City Commission, future impacts could affect ad valorem revenues and certain expenses to incorporate the FON into the Community Redevelopment Plan. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2023-01 by title only. RESOLUTION 2023-01 A RESOLUTION OF THE CITY OF LAKE WALES, FLORIDA, PROVIDING FOR FINDINGS OF NECESSITY RELATING TO THE EXISTENCE OF ONE (1) OR MORE CONDITIONS IN A CERTAIN AREA OF THE CITY OF LAKE WALES THAT MEET THE CRITERIA DESCRIBED IN SECTION 163.340(7) OR (8), FLORIDA STATUTES; PROVIDING FOR OTHER FINDINGS; PROVIDING FOR THE ACCEPTANCE, APPROVAL AND ADOPTION OF THE LAKE WALES COMMUNITY REDEVELOPMENT AREA FINDINGS OF NECESSITY STUDY; FINDING THE NEED FOR A COMMUNITY REDEVELOPMENT AREA UNDER THE PROVISIONS OF CHAPTER 163, PART III, OF THE FLORIDA STATUTES, PROVIDING FOR LIMITATION OF EFFECT; PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. Commissioner Krueger made a motion to adopt RESOLUTION 2023-01. Commissioner Howell seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES" Motion passed 3-0. 9.V. RESOLUTION 2023-02 Declaring “Planning In Progress” For Preparation Of The Lake Wales Envisioned Plan [Begin Agenda Memo] SYNOPSIS: A Resolution providing that while the Lake Wales Envisioned Plan is in progress, the City staff will encourage applicants to become familiar with and follow the initial aspirations of the plan in all development proposals. RECOMMENDATION Staff Recommends the City Commission adopt Resolution 2023-02. BACKGROUND On December 20, 2022, the City Commission authorized a Task Order for a consultant team led by Dover, Kohl & Partners to begin work on the Lake Wales Envisioned plan. The purpose of this plan is to shape and direct the form of future infill development, new neighborhoods and conservation areas within city limits as well as in the surrounding utility service area, including future potential annexations. A list of initial plan aspirations has been developed based on input gathered from community members, stakeholders and public officials during the 2022 Land Use Study, and the general understanding of the purpose of the Lake Wales Envisioned plan. These initial aspirations will be reviewed, refined and detailed with community feedback throughout an interactive planning process, resulting in recommended changes to City Zoning and the Comprehensive Plan to implement the community’s vision. This Resolution directs City staff to share information about  A list of initial plan aspirations has been developed based on input gathered from community members, stakeholders and public officials during the 2022 Land Use Study, and the general understanding of the purpose of the Lake Wales Envisioned plan. These initial aspirations will be reviewed, refined and detailed with community feedback throughout an interactive planning process, resulting in recommended changes to City Zoning and the Comprehensive Plan to implement the community’s vision. This Resolution directs City staff to share information about the initial aspirations of the Lake Wales Envisioned plan with land development applicants, and to work with applicants proactively to encourage and revise plans, as needed, to be consistent with these aspirations while the plan is in progress. OTHER OPTIONS Decline to approve the Resolution. FISCAL IMPACT N/A [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2023-02 by title only. RESOLUTION 2023-02 RESOLUTION OF THE CITY COMMISSION OF LAKE WALES, FLORIDA, DECLARING “PLANNING IN PROGRESS” FOR PREPARATION OF THE LAKE WALES ENVISIONED PLAN; PROVIDING THAT WHILE PLANNING IN PROGRESS IS IN PLACE THE CITY ENCOURAGES APPLICANTS TO BECOME FAMILIAR WITH AND FOLLOW THE ASPIRATIONS OF THE PLAN IN ALL DEVELOPMENT PROPOSALS; AND PROVIDING FOR AN EFFECTIVE AND EXPIRATION DATE. Commissioner Krueger made a motion to adopt RESOLUTION 2023-02. Commissioner Howell seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES" Motion approved 3-0. 10. CITY ATTORNEY Albert Galloway, Jr., City Attorney, said nothing has happened on the Estes or Blue Goose property. 11. CITY MANAGER James Slaton, City Manager, announced that we received a Distinguished Budget award for the 3rd year in a row and commended Vanessa Avellaneda, Assistant Finance Director, for doing a good job on the budget. Mr. Slaton said the next Commission Work Session meeting is February 1st. Mr. Slaton said that Lake Wales Live is Friday January 20 at 6pm and Lake Night Cinema is January 28th at Lake Wailes Lake. 12. CITY COMMISSION COMMENTS Commissioner Krueger reported on the Dr. King gospel sing he participated in last week that was done well. Commissioner Howell reported on the Dr. King day program. It went well.  12. CITY COMMISSION COMMENTS Commissioner Krueger reported on the Dr. King gospel sing he participated in last week that was done well. Commissioner Howell reported on the Dr. King day program. It went well. Commissioner Howell asked about a new location for the Boys and Girls Club. James Slaton, City Manager, said there are no plans for them to move but will address this if the Commission wants. Commissioner Howell said she would like a new location for them and said we need a better sound system in the Austin Center. Commissioner Howell shared concerns about the sign in process for speaking at the Commission meetings. Do the cards need to be filled out before the meeting. She said people in the meeting should be able to sign up if they have a question. And can they sign up for more than one issue. Albert Galloway, Jr., City Attorney, said they could fill out the card for more than one agenda item. James Slaton, City Manager, said the form can be revised to allow for more than one agenda item. Commissioner Krueger recommended that the Commission discuss it again at the next work session. There was consensus on this. Deputy Mayor Gibson said he was pleased about the article in the paper about the Water Conservation program. He reviewed portions of the articles. Deputy Mayor Gibson recommended updating the website. Mr. Slaton said they are looking into a redesign. Deputy mayor Gibson suggested that the link to the charter be front and center. 13. MAYOR COMMENTS 14. ADJOURNMENT The meeting was adjourned at 7:32 p.m. _____________________ Mayor ATTEST: _____________________ City Clerk