City Commission Regular Meeting

City Commission Meeting Minutes September 6, 2023 (APPROVED) 9/6/2023 - Minutes 1. INVOCATION Rev. Steve Bolden gave the invocation. 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER Mayor Hilligoss called the meeting to order at approximately 6:00 p.m. after the invocation and the pledge of allegiance. 4. ROLL CALL Commission Members Present: Keith Thompson, Danny Krueger, Mayor Jack Hilligoss, Daniel Williams Commission Member Absent: Robin Gibson Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. COMMENTS AND PETITIONS Curtis Gibson, resident and Manager of the Eagle Ridge Mall, spoke on a problem they have been having with the grease trap at the Mall. He spoke about the relevant Ordinance 2020-04 and said it should be reviewed. They want to be in compliance. They are working on a new grease trap. The City is threatening to turn off the water. He asked the Commission to review this issue. 6. BUDGET HEARINGS Mayor Hilligoss read this statement as required for TRIM compliance: 1. The city of Lake Wales is the taxing authority. 2. Rolled- back rate is 6.1214 3. Proposed rate as an increase over rolled-back rate is 16.34%. 4. The Proposed Millage rate to be levied for fiscal year 2023-2024 is 7.1214 6.I. ORDINANCE 2023-26, Adoption Of FY2023-24 Millage Rate – 1st Reading & Public Hearing [Begin Agenda Memo] SYNOPSIS: The Commissioners will consider adopting a millage rate of 7.1214 mills for Fiscal Year 2023-24. The Commissioners will also consider adopting the proposed operating budget. 6.I. ORDINANCE 2023-26, Adoption Of FY2023-24 Millage Rate – 1st Reading & Public Hearing [Begin Agenda Memo] SYNOPSIS: The Commissioners will consider adopting a millage rate of 7.1214 mills for Fiscal Year 2023-24. The Commissioners will also consider adopting the proposed operating budget. RECOMMENDATION After first reading and separate public hearings, it is recommended that the City Commission take the following actions: 1. Approve Ordinance 2023-26, adopting a millage rate of 7.1214 mills for FY2023-2024; 2. Approve Ordinance 2023-27, adopting an operating budget for FY2023-2024. BACKGROUND In accordance with Florida Statutes and the City Charter, Ordinances 2023-26 and 2023-27 are presented for first reading and public hearing. Ordinance 2023-26 establishes the millage rate for FY23’24, and Ordinance 2023-27 adopts the proposed FY23’24 budget. These ordinances must have separate public hearings and must be voted upon individually. The proposed FY23’24 budget document includes the revenue and expenditure details for the General Fund, CRA Fund, Special Revenue Funds, Debt Service Fund, Capital Projects Fund, Utility System Fund, Airport Fund and Stormwater. This budget has been prepared in accordance with Article VI, Section 6.04 of the City Charter, which requires that the budget provide a complete financial plan of municipal funds and activities. Estimated current year ending fund balances have been considered and are included in the budget. PROPERTY TAX On July 18, 2023, the City Commission adopted an Interim Millage Rate of 7.1214. The current year rolled-back rate is 6.1214. The current year proposed millage rate of 7.1214 as a percentage change of rolled-back rate is 16.34%. BUDGETARY CHANGES IN GENERAL FUND “REVENUE SOURCES & TRANSFERS IN” FOR FY23’24 COMPARED TO FY22’23: General Fund revenues in FY23’24 ($18,538,486 + 3,323,000 transfers – 1,500,000 ARPA transfer – 1,914,000 financing/leases = 18,447,486) are projected to be $1,813,360 more than budgeted in FY22'23 ($16,575,126 + 1,660,522 transfers – 53,522 library transfer – 1,568,000 financing/leases = 16,634,126). An expected increase of $1,813,360 is mainly due to the following items: • Increase in ad valorem tax of $856,225 • Increase in sales and use taxes of $80,000 mainly due to increase in utilities taxes. • Increases in licenses and permits of $90,000 mainly due to electric franchise fees. • Increase in intergovernmental revenues of $227,264 mainly due to $ 47,000 state sharing revenue, $123,000 &1/2; sales tax, $60,000 LW Charter Schools SRO (added an SRO officer) $85,000 in grants increases. • Increase in charges for services of $344,371 mainly due to $400,000 YMCA fees. • Increase in miscellaneous revenue of $13,200 mainly due to Ridge League of Dinner being hosted in proposed budget by the City. • Increase in transfers from the Utility Fund of $142,478. • Increase in miscellaneous revenue of $13,200 mainly due to Ridge League of Dinner being hosted in proposed budget by the City. • Increase in transfers from the Utility Fund of $142,478. BUDGETARY CHANGES IN GENERAL FUND “OPERATING EXPENDITURES” FOR FY23’24 COMPARED TO FY22’23: General Fund “operating” expenditures (excluding capital items) in FY22’23 are projected to be $21,370,089, which is $3,915,033 more than budgeted in FY22'23 $17,455,056. An expected increase of $3,915,033 is mainly due to the following functions: • Increase in general government services of $513,352 ( $127,215 personnel costs due to 4% COLA and $354,222 Communications & Engagement Department) • Increase in public safety of $1,447,452 mainly due to $577,266 Police ($447,240 personnel and $63,029 maintenance/repair, and $34,077 contract services) and $784,374 Fire ($662,277 personnel, $ 78,143 contract services, $ 21,575 operating supplies), $67,796 Building Permits & Inspections ($49,466 personnel and $10,900 contract services). • Increase in physical environment of $85,473 • Increase in culture and recreation of $1,468,756, mainly due to $612,114 in Parks ($495,008 personnel and $108,206 operating supplies) and $849,292 Recreation Facilities ($728,000 YMCA operations, $54,787 operating supplies and $$75,686 maintenance/repairs). • Increase in transfers out of $400,000 mainly due to $250,000 to transportation fund, $100,000 to LWMG and $50,000 to Airport. GOVERNMENTAL FUND BALANCE As of September 30, 2022, the City’s governmental funds reported combined ending fund balances of $10,407,370; a decrease of $251,572 for the year. Approximately 42% ($4,341,284) of total funds balance is available for spending at the government’s discretion (unassigned) At the end of September 30, 2022, unassigned fund balance of the General Fund was $4,341,284, while total fund balance reached $5,944,623. In 2011, the City established a reserve policy for the General Fund equal to 15% - 20% of total operating costs. As of September 30, 2022, the general fund’s unassigned fund balance represented 25% of total general fund expenditures, while total fund balance represents 35% of the same amount. SUMMARY OF ALL FUNDS General Fund 26,281,486 CRA Fund 15,380,016 Special Revenue Funds 3,573,265 Debt Service Fund 2,671,112 Capital Projects Fund 9,348,000 Special Revenue Funds 3,573,265 Debt Service Fund 2,671,112 Capital Projects Fund 9,348,000 Cemetery (LWMG) 974,100 Utility System Fund 38,203,995 Airport Fund 2,195,550 Stormwater Fund 950,000 TOTAL 99,577,524 The expenditure total of $82,395,582 is comprised of operating costs in the amount of $39,021,167 and capital outlay in the amount of $43,374,415. Transfers for $5,197,412 bring total expenditures plus transfers to $87,592,994. Note: Capital expenditures proposed for FY23’24 are itemized in “Schedule C” within the budget document. CONCLUSION The City Manager, in the August 9, 2023 budget workshop, highlighted the following items, which are included within FY 2023’24 Budget: Growth Management: • Included in the FY’24 is funding for the completion of the Lake Wales Envisioned long-range masterplan and associated action items. General Capital and Significant Projects: • $500,000 is allocated in the FY’24 budget request to resurface city streets. This is the adequate funding level needed to implement the City’s pavement preservation plan on schedule and will provide for the resurfacing of approximately 4 to 6 miles of City streets, depending on the existing conditions and specific treatment required. • Funds are included to upgrade and replace both the Jet A and 100L fuel systems at the airport. This enhancement will replace antiquated equipment and allow for larger aircraft to fuel at the Lake Wales Municipal Airport. This is an FDOT grant-funded project. • The engineering design of Phase 2 of the Lake Wales Memorial Gardens cemetery expansion is included in the proposed budget. • Various repairs to City facilities are included in the proposed FY’24 budget request. Improvements include such items as: (1) the replacement of the roof of the City Administration Building. The roof is past its useful life and is years past due for replacement. (2) Restroom reconfiguration at the Tourist Club to meet ADA compliance requirements. (3) Repair and replacement of an interior door, exterior stucco, specialty window, roof and soffit at the History Museum caused by water damage. (4) The purchase and installation of an emergency backup generator for the City Administration building, and (5) Library renovations, which include creation of two additional multi-purpose rooms and enhancements to the teen room space. Redevelopment: • The City and CRA will continue implementation of the award-winning Lake Wales Connected plan in FY’24. Activities include affordable housing construction, housing rehabilitation, development incentives, and capital construction. Redevelopment: • The City and CRA will continue implementation of the award-winning Lake Wales Connected plan in FY’24. Activities include affordable housing construction, housing rehabilitation, development incentives, and capital construction. • Funding is included to continue support of the BizLinc incubator on Lincoln Avenue. • Park Avenue & Market Plaza Streetscape Construction – Funds are allocated for the construction of the first transformative streetscape to take place in the historic core. Park Avenue will be converted into a two-way curbless street designed for people. Hanging- flower baskets, enlarged sidewalks, enhanced lighting, gathering spaces and street trees will be featured in the redesigned Park Avenue & Market Plaza. • Northwest Neighborhood Sidewalk & Street Tree Improvement Plan – Allocation of funding is proposed for continued design work and the start of construction on new sidewalks in the Northwest Neighborhood as outlined in the Lake Wales Connected plan. All improved streets/sidewalks will feature unique street trees. • Finalization of the 1st Street Streetscape Design – 1st Street will be narrowed to improve vehicle safety, while additional space will be available for cyclists and pedestrians, as well as residents and visitors shopping in the downtown district. • Lincoln Avenue Streetscape – Allocation of funds to begin design work on an enhanced Lincoln Avenue Streetscape. Focus being driven by “City in a Garden” landscaping, enhanced pedestrian friendly sidewalks, and open spaces. The new enhancements to the district are intended to revitalize the core of the Northwest Neighborhood by attracting new businesses, retail and restaurants. • Orange Avenue & Crystal Avenue Streetscapes – Allocation of funds is proposed for implementation of the Orange Avenue & Crystal Avenue Streetscapes with Federal grant appropriations. Both streetscapes will narrow the space allocated for travel lanes to allow for on street parking and street trees. • Crystal Lake Park Connector Trail Construction – Funding for construction of the Crystal Lake Park North Trail segment is included in the FY’24 proposed budget. This segment will tie into the Park Avenue Connector Trail and create a full recreational trail loop around Crystal Lake. • Designs funds are include in FY’24 proposed budget for a portion of the Ridge Scenic Highway Connector trail. • Funding is proposed for the recently adopted downtown Façade Improvement Program. • Public Art – Continuation of the CRA’s public art initiative is included in the FY’24 proposed budget. Employees: • A 4% Cost of Living Adjustment to mitigate the effects of current inflation levels has been provided for in the FY’24 proposed budget. Public Safety: • A 4% Cost of Living Adjustment to mitigate the effects of current inflation levels has been provided for in the FY’24 proposed budget. Public Safety: • The FY’24 proposed budget includes the addition of three full-time firefighters in response to new and upcoming development within the City. • Funding for engineering and architectural design required to expand the north fire station is included in the proposed budget. Utilities: Significant utility projects proposed for the FY’24 budget include: • Water Main Replacement Phase 2 – The scope of this project is to identify and remove old galvanized pipe in the water distribution system. Areas to be affected are Scenic Highway (North of Lincoln Ave.), Hillside Ave, Wildabon Ave, Osceola Ave, and Lakeshore Blvd N and surrounding streets. • Reuse Main Extension – Included in the FY’24 proposed budget is designing extensions of the reuse transmission mains to newly developed areas of the city. • Alternative Water Supply Project – Proposed in the FY’24 budget request is the continued development of an independent Lower Floridian Aquifer water supply source. Specifically, funds for the construction of a test well are included in the budget request. • Stormwater Restoration – Proposed in the FY’24 budget is the repair of several outfalls and piping along Sunset Dr, Lakeshore South of Polk Avenue, Lakeshore Blvd South at Bullard, North Wales Dr, North of Sessoms Avenue. • Water Plant #1 Building Rehabilitation – This proposed project consists of replacing wall framing and sheeting resulting from damage incurred by Hurricane Ian and outfitting the building interior to re-establish offices for water department personnel. • Engineering design of various Wastewater Plant upgrades are included in the proposed budget for FY’24 – Improvements involve modifications to the activated sludge return and headworks, the installation of pumps and variable frequency drives. • Sliplining Sewer Mains – This project provides for the lining of deteriorating sewer mains where line replacement is not feasible. Funding is requested for engineering and smoke testing in the proposed budget. • Funding is proposed in the FY’24 budget for the removal of invasive plant species in various lakes. Parks, Recreation, & Horticulture: • Included in the FY’24 budget request is funding for completing the design associated with the City’s Parks and Recreation masterplan. • Included in the FY’24 budget request is the addition of three full-time maintenance employees. • Grant funds have been secured for improvements to the Northwest Complex, which will be completed in FY’24. These improvements include; basketball court resurfacing, new tennis  • Included in the FY’24 budget request is the addition of three full-time maintenance employees. • Grant funds have been secured for improvements to the Northwest Complex, which will be completed in FY’24. These improvements include; basketball court resurfacing, new tennis nets, and additional picnic tables. • Funding for the operation of a City Recreation Complex at the former YMCA facility are included in the proposed budget for FY’24. Economic Development: • Funds are proposed in the FY’24 budget request for two economic development initiatives. The primary being the creation of an over-arching economic development strategic plan for the City. The secondary initiative is a multi-jurisdictional economic development plan for the Hwy 60 corridor throughout Polk County. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-26 by title only ORDINANCE 2023-26 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, FOR FISCAL YEAR 2023-24; PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to approve ORDINANCE 2023-26 after 1st reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion approved 4-0 6.II. ORDINANCE 2023-27, Adoption Of FY2023-24 Budget – 1st Reading & Public Hearing [Begin Agenda Memo] SYNOPSIS: The Commissioners will consider adopting a millage rate of 7.1214 mills for Fiscal Year 2023-24. The Commissioners will also consider adopting the proposed operating budget. RECOMMENDATION After first reading and separate public hearings, it is recommended that the City Commission take the following actions: SYNOPSIS: The Commissioners will consider adopting a millage rate of 7.1214 mills for Fiscal Year 2023-24. The Commissioners will also consider adopting the proposed operating budget. RECOMMENDATION After first reading and separate public hearings, it is recommended that the City Commission take the following actions: 1. Approve Ordinance 2023-26, adopting a millage rate of 7.1214 mills for FY2023-2024; 2. Approve Ordinance 2023-27, adopting an operating budget for FY2023-2024. BACKGROUND In accordance with Florida Statutes and the City Charter, Ordinances 2023-26 and 2023-27 are presented for first reading and public hearing. Ordinance 2023-26 establishes the millage rate for FY23’24, and Ordinance 2023-27 adopts the proposed FY23’24 budget. These ordinances must have separate public hearings and must be voted upon individually. The proposed FY23’24 budget document includes the revenue and expenditure details for the General Fund, CRA Fund, Special Revenue Funds, Debt Service Fund, Capital Projects Fund, Utility System Fund, Airport Fund and Stormwater. This budget has been prepared in accordance with Article VI, Section 6.04 of the City Charter, which requires that the budget provide a complete financial plan of municipal funds and activities. Estimated current year ending fund balances have been considered and are included in the budget. PROPERTY TAX On July 18, 2023, the City Commission adopted an Interim Millage Rate of 7.1214. The current year rolled-back rate is 6.1214. The current year proposed millage rate of 7.1214 as a percentage change of rolled-back rate is 16.34%. BUDGETARY CHANGES IN GENERAL FUND “REVENUE SOURCES & TRANSFERS IN” FOR FY23’24 COMPARED TO FY22’23: General Fund revenues in FY23’24 ($18,538,486 + 3,323,000 transfers – 1,500,000 ARPA transfer – 1,914,000 financing/leases = 18,447,486) are projected to be $1,813,360 more than budgeted in FY22'23 ($16,575,126 + 1,660,522 transfers – 53,522 library transfer – 1,568,000 financing/leases = 16,634,126). An expected increase of $1,813,360 is mainly due to the following items: • Increase in ad valorem tax of $856,225 • Increase in sales and use taxes of $80,000 mainly due to increase in utilities taxes. • Increases in licenses and permits of $90,000 mainly due to electric franchise fees. • Increase in intergovernmental revenues of $227,264 mainly due to $ 47,000 state sharing revenue, $123,000 &1/2; sales tax, $60,000 LW Charter Schools SRO (added an SRO officer) $85,000 in grants increases. • Increase in charges for services of $344,371 mainly due to $400,000 YMCA fees. • Increase in miscellaneous revenue of $13,200 mainly due to Ridge League of Dinner being hosted in proposed budget by the City. • Increase in transfers from the Utility Fund of $142,478. BUDGETARY CHANGES IN GENERAL FUND “OPERATING EXPENDITURES” FOR FY23’24 hosted in proposed budget by the City. • Increase in transfers from the Utility Fund of $142,478. BUDGETARY CHANGES IN GENERAL FUND “OPERATING EXPENDITURES” FOR FY23’24 COMPARED TO FY22’23: General Fund “operating” expenditures (excluding capital items) in FY22’23 are projected to be $21,370,089, which is $3,915,033 more than budgeted in FY22'23 $17,455,056. An expected increase of $3,915,033 is mainly due to the following functions: • Increase in general government services of $513,352 ( $127,215 personnel costs due to 4% COLA and $354,222 Communications & Engagement Department) • Increase in public safety of $1,447,452 mainly due to $577,266 Police ($447,240 personnel and $63,029 maintenance/repair, and $34,077 contract services) and $784,374 Fire ($662,277 personnel, $ 78,143 contract services, $ 21,575 operating supplies), $67,796 Building Permits & Inspections ($49,466 personnel and $10,900 contract services). • Increase in physical environment of $85,473 • Increase in culture and recreation of $1,468,756, mainly due to $612,114 in Parks ($495,008 personnel and $108,206 operating supplies) and $849,292 Recreation Facilities ($728,000 YMCA operations, $54,787 operating supplies and $$75,686 maintenance/repairs). • Increase in transfers out of $400,000 mainly due to $250,000 to transportation fund, $100,000 to LWMG and $50,000 to Airport. GOVERNMENTAL FUND BALANCE As of September 30, 2022, the City’s governmental funds reported combined ending fund balances of $10,407,370; a decrease of $251,572 for the year. Approximately 42% ($4,341,284) of total funds balance is available for spending at the government’s discretion (unassigned) At the end of September 30, 2022, unassigned fund balance of the General Fund was $4,341,284, while total fund balance reached $5,944,623. In 2011, the City established a reserve policy for the General Fund equal to 15% - 20% of total operating costs. As of September 30, 2022, the general fund’s unassigned fund balance represented 25% of total general fund expenditures, while total fund balance represents 35% of the same amount. SUMMARY OF ALL FUNDS General Fund 26,281,486 CRA Fund 15,380,016 Special Revenue Funds 3,573,265 Debt Service Fund 2,671,112 Capital Projects Fund 9,348,000 Cemetery (LWMG) 974,100 Debt Service Fund 2,671,112 Capital Projects Fund 9,348,000 Cemetery (LWMG) 974,100 Utility System Fund 38,203,995 Airport Fund 2,195,550 Stormwater Fund 950,000 TOTAL 99,577,524 The expenditure total of $82,395,582 is comprised of operating costs in the amount of $39,021,167 and capital outlay in the amount of $43,374,415. Transfers for $5,197,412 bring total expenditures plus transfers to $87,592,994. Note: Capital expenditures proposed for FY23’24 are itemized in “Schedule C” within the budget document. CONCLUSION The City Manager, in the August 9, 2023 budget workshop, highlighted the following items, which are included within FY 2023’24 Budget: Growth Management: • Included in the FY’24 is funding for the completion of the Lake Wales Envisioned long-range masterplan and associated action items. General Capital and Significant Projects: • $500,000 is allocated in the FY’24 budget request to resurface city streets. This is the adequate funding level needed to implement the City’s pavement preservation plan on schedule and will provide for the resurfacing of approximately 4 to 6 miles of City streets, depending on the existing conditions and specific treatment required. • Funds are included to upgrade and replace both the Jet A and 100L fuel systems at the airport. This enhancement will replace antiquated equipment and allow for larger aircraft to fuel at the Lake Wales Municipal Airport. This is an FDOT grant-funded project. • The engineering design of Phase 2 of the Lake Wales Memorial Gardens cemetery expansion is included in the proposed budget. • Various repairs to City facilities are included in the proposed FY’24 budget request. Improvements include such items as: (1) the replacement of the roof of the City Administration Building. The roof is past its useful life and is years past due for replacement. (2) Restroom reconfiguration at the Tourist Club to meet ADA compliance requirements. (3) Repair and replacement of an interior door, exterior stucco, specialty window, roof and soffit at the History Museum caused by water damage. (4) The purchase and installation of an emergency backup generator for the City Administration building, and (5) Library renovations, which include creation of two additional multi-purpose rooms and enhancements to the teen room space. Redevelopment: • The City and CRA will continue implementation of the award-winning Lake Wales Connected plan in FY’24. Activities include affordable housing construction, housing rehabilitation, development incentives, and capital construction. • Funding is included to continue support of the BizLinc incubator on Lincoln Avenue. • The City and CRA will continue implementation of the award-winning Lake Wales Connected plan in FY’24. Activities include affordable housing construction, housing rehabilitation, development incentives, and capital construction. • Funding is included to continue support of the BizLinc incubator on Lincoln Avenue. • Park Avenue & Market Plaza Streetscape Construction – Funds are allocated for the construction of the first transformative streetscape to take place in the historic core. Park Avenue will be converted into a two-way curbless street designed for people. Hanging- flower baskets, enlarged sidewalks, enhanced lighting, gathering spaces and street trees will be featured in the redesigned Park Avenue & Market Plaza. • Northwest Neighborhood Sidewalk & Street Tree Improvement Plan – Allocation of funding is proposed for continued design work and the start of construction on new sidewalks in the Northwest Neighborhood as outlined in the Lake Wales Connected plan. All improved streets/sidewalks will feature unique street trees. • Finalization of the 1st Street Streetscape Design – 1st Street will be narrowed to improve vehicle safety, while additional space will be available for cyclists and pedestrians, as well as residents and visitors shopping in the downtown district. • Lincoln Avenue Streetscape – Allocation of funds to begin design work on an enhanced Lincoln Avenue Streetscape. Focus being driven by “City in a Garden” landscaping, enhanced pedestrian friendly sidewalks, and open spaces. The new enhancements to the district are intended to revitalize the core of the Northwest Neighborhood by attracting new businesses, retail and restaurants. • Orange Avenue & Crystal Avenue Streetscapes – Allocation of funds is proposed for implementation of the Orange Avenue & Crystal Avenue Streetscapes with Federal grant appropriations. Both streetscapes will narrow the space allocated for travel lanes to allow for on street parking and street trees. • Crystal Lake Park Connector Trail Construction – Funding for construction of the Crystal Lake Park North Trail segment is included in the FY’24 proposed budget. This segment will tie into the Park Avenue Connector Trail and create a full recreational trail loop around Crystal Lake. • Designs funds are include in FY’24 proposed budget for a portion of the Ridge Scenic Highway Connector trail. • Funding is proposed for the recently adopted downtown Façade Improvement Program. • Public Art – Continuation of the CRA’s public art initiative is included in the FY’24 proposed budget. Employees: • A 4% Cost of Living Adjustment to mitigate the effects of current inflation levels has been provided for in the FY’24 proposed budget. Public Safety: • The FY’24 proposed budget includes the addition of three full-time firefighters in response to new and upcoming development within the City. Public Safety: • The FY’24 proposed budget includes the addition of three full-time firefighters in response to new and upcoming development within the City. • Funding for engineering and architectural design required to expand the north fire station is included in the proposed budget. Utilities: Significant utility projects proposed for the FY’24 budget include: • Water Main Replacement Phase 2 – The scope of this project is to identify and remove old galvanized pipe in the water distribution system. Areas to be affected are Scenic Highway (North of Lincoln Ave.), Hillside Ave, Wildabon Ave, Osceola Ave, and Lakeshore Blvd N and surrounding streets. • Reuse Main Extension – Included in the FY’24 proposed budget is designing extensions of the reuse transmission mains to newly developed areas of the city. • Alternative Water Supply Project – Proposed in the FY’24 budget request is the continued development of an independent Lower Floridian Aquifer water supply source. Specifically, funds for the construction of a test well are included in the budget request. • Stormwater Restoration – Proposed in the FY’24 budget is the repair of several outfalls and piping along Sunset Dr, Lakeshore South of Polk Avenue, Lakeshore Blvd South at Bullard, North Wales Dr, North of Sessoms Avenue. • Water Plant #1 Building Rehabilitation – This proposed project consists of replacing wall framing and sheeting resulting from damage incurred by Hurricane Ian and outfitting the building interior to re-establish offices for water department personnel. • Engineering design of various Wastewater Plant upgrades are included in the proposed budget for FY’24 – Improvements involve modifications to the activated sludge return and headworks, the installation of pumps and variable frequency drives. • Sliplining Sewer Mains – This project provides for the lining of deteriorating sewer mains where line replacement is not feasible. Funding is requested for engineering and smoke testing in the proposed budget. • Funding is proposed in the FY’24 budget for the removal of invasive plant species in various lakes. Parks, Recreation, & Horticulture: • Included in the FY’24 budget request is funding for completing the design associated with the City’s Parks and Recreation masterplan. • Included in the FY’24 budget request is the addition of three full-time maintenance employees. • Grant funds have been secured for improvements to the Northwest Complex, which will be completed in FY’24. These improvements include; basketball court resurfacing, new tennis nets, and additional picnic tables.  employees. • Grant funds have been secured for improvements to the Northwest Complex, which will be completed in FY’24. These improvements include; basketball court resurfacing, new tennis nets, and additional picnic tables. • Funding for the operation of a City Recreation Complex at the former YMCA facility are included in the proposed budget for FY’24. Economic Development: • Funds are proposed in the FY’24 budget request for two economic development initiatives. The primary being the creation of an over-arching economic development strategic plan for the City. The secondary initiative is a multi-jurisdictional economic development plan for the Hwy 60 corridor throughout Polk County. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-27 by title only. ORDINANCE 2023-27 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, RATIFYING, APPROVING, ACCEPTING AND ADOPTING THE ESTIMATES OF EXPENDITURES FOR THE OPERATION OF THE SEVERAL DEPARTMENTS OF SAID CITY, AND ALL NECESSARY AND ORDINARY EXPENSES OF SAID CITY FOR THE 2023-24 FISCAL YEAR, APPROPRIATING ALL FUNDS TO BE RAISED AND COLLECTED FROM ALL SOURCES SET FORTH IN THE ESTIMATE OF REVENUES & BALANCES FOR SAID FISCAL YEAR, AND THE REPEALING OF ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to approve ORDINANCE 2023-27 after 1st reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion approved 4-0 6.III. ORDINANCE 2023-28, Five-Year Capital Improvement Plan FY2023/24 - FY2027/28 – 1st Reading [Begin Agenda Memo] SYNOPSIS: The Commissioners will consider adopting the Five-Year Capital Improvement Plan for fiscal years 2023/24 through 2027/28. 6.III. ORDINANCE 2023-28, Five-Year Capital Improvement Plan FY2023/24 - FY2027/28 – 1st Reading [Begin Agenda Memo] SYNOPSIS: The Commissioners will consider adopting the Five-Year Capital Improvement Plan for fiscal years 2023/24 through 2027/28. RECOMMENDATION It is recommended that the City Commission approve after first reading Ordinance 2023-28 adopting the Five-Year Capital Improvement Plan for fiscal years 2023/24 through 2027/28 BACKGROUND In accordance with section 6.05 of the City Charter, Ordinance 2023-28 adopts the proposed 5-year Capital Improvement Plan (CIP) for the period FY2023/24 through FY2027/28. Capital improvements and capital acquisitions proposed for Year 1 of the 5-Year plan are incorporated into the FY23’24 operating budget, as are appropriation of funding sources necessary to implement Year 1 of the plan. The 5-Year CIP document includes all capital facility and infrastructure improvements which staff believes should be undertaken during the next five years and supporting information to explain the necessity for the improvements. In addition, the CIP includes all capital equipment proposed for acquisition during this period. Cost estimates, method of funding and time schedule for the proposed improvements and equipment acquisitions are identified in the document. The proposed 5-Year CIP totals $104,361,064 and includes $585,000 in land acquisition, $5,467,550 in building improvements/acquisitions, $73,971,894 in infrastructure and recreation improvements, $16,571,620 in equipment acquisition, and $7,765,000 in other capital outlay. Schedule “C”, within the 5- year CIP, provides a detail listing of each asset type. Improvements and equipment needs for the next 5 years were submitted by department heads with a justification of necessity and a recommended time schedule for completion or acquisition. These requests were prioritized by the City Manager in view of the available funding resources and urgency of need. FISCAL IMPACT Funding of the CIP will be accomplished through utilization of existing cash surpluses and current year operating revenues, future grants, private contributions, leases/debt service issuances, and impact fees. Growth related improvements will be funded by impact fees. Costs of all capital improvements and equipment acquisitions are distributed over 5 years as follows: Year 1 - FY2023/24 43,374,415 Year 2 - FY2024/25 29,055,804 Year 3 - FY2025/26 23,142,845 Year 4 - FY2026/27 6,183,500 Year 5 – FY2027/28 2,604,500 5 Year Total 104,361,064 All items scheduled for Year 1 are included in the proposed FY23’24 operating budget presented to the City Commission for consideration.  5 Year Total 104,361,064 All items scheduled for Year 1 are included in the proposed FY23’24 operating budget presented to the City Commission for consideration. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-28 by title only. ORDINANCE 2023-28 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, RATIFYING, APPROVING, ACCEPTING AND ADOPTING A 5-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2023/24 THROUGH 2027/28; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE Commissioner Krueger made a motion to approve ORDINANCE 2023-28 after 1st reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion approved 4-0 6.IV. RESOLUTION 2023-12 - Final Assessment Resolution For Fire Protection Assessments [Begin Agenda Memo] SYNOPSIS: The adoption of Resolution 2023-12 established the methodology used to calculate the fire assessment rates. Adoption of Resolution 2023-12 will set the final fire assessment rates. RECOMMENDATION It is recommended that the City Commission set the final Fire Protection Assessment rates and adopt Final Assessment Resolution 2023-12 providing for Fire Protection Assessments for fiscal year beginning October 1, 2023. BACKGROUND On June 6, 2023, the City Commission adopted Resolution 2023-08 which set the initial Fire Protection Assessment rates. Initial Fire Protection Assessment Rates Residential Property Use Categories Rate Per Dwelling Unit Single-Family $146.00 Multi-Family $72.00 Mobile Home $129.00  Single-Family $146.00 Multi-Family $72.00 Mobile Home $129.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.06 Industrial/Warehouse $0.01 Institutional $0.08 OTHER OPTIONS Rely solely on ad valorem taxes to fund fire protection services, equipment and programs. Failure in adopting Resolution 2023-12 will result in a loss of $1,215,095 in estimated net revenue dedicated to the fire department budget. This money would then have to come from the general fund. FISCAL IMPACT The Fire Protection Assessment will create a dedicated funding source for fire protection services. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2023-12 by title only. RESOLUTION 2023-12 Annual Assessment Resolution A RESOLUTION OF THE CITY OF LAKE WALES, FLORIDA, RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF LAKE WALES, FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; CONFIRMING THE PRELIMINARY ASSESSMENT RESOLUTION; REIMPOSING FIRE PROTECTION ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF LAKE WALES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to adopt RESOLUTION 2023-12 after a public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion approved 4-0 6.V. RESOLUTION 2023-13 Final Rate Resolution – Brookshire Street Lighting District  Mayor Hilligoss "YES" Motion approved 4-0 6.V. RESOLUTION 2023-13 Final Rate Resolution – Brookshire Street Lighting District [Begin Agenda Memo] SYNOPSIS: Final Rate Resolution for the Brookshire Street Lighting District RECOMMENDATION It is recommended that City Commission adopt Resolution 2023-13 providing the Final Rate Resolution for the Brookshire Street Lighting District. BACKGROUND In 2010, the City of Lake Wales received a petition requesting the creation of a Street Lighting District for the Brookshire subdivision. The District includes the thirty-one (31) decorative street lighting poles. Eighty-seven (87) platted lots are within the street lighting district and the estimated annual street lighting costs are $13,175. The estimated annual charge per plated lot is $155 based on the 85 billable parcels. OTHER OPTIONS Do not approve Brookshire Street Lighting District special assessment. FISCAL IMPACT Annual estimated assessment revenue of $13,175 is expected to pay all street lighting costs relating to the services, facilities and programs within the Brookshire Street Lighting District. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2023-13 by title only. RESOLUTION 2023-13 A RESOLUTION OF THE CITY OF LAKE WALES, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES AND FACILITIES WITHIN THE BROOKSHIRE STREET LIGHTING DISTRICT IN THE CITY OF LAKE WALES, FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; CONFIRMING THE PRELIMINARY ASSESSMENT RESOLUTION; REIMPOSING BROOKSHIRE STREET LIGHTING ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE BROOKSHIRE STREET LIGHTING DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson asked if this is something we need to continue to do? Dorothy Abbott, Finance Director, reviewed this and said all of the lots are built out. The Homeowners Association could take over paying their light bill. She will investigate this for next year. Commissioner Krueger made a motion to adopt RESOLUTION 2023-13 after a public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES"  Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion approved 4-0 7. PRESENTATION/REPORT Mike Bryngulfson, auditor, said his role is help the City through the Audit process. He gave an overview of the audit. The audit was late because locating old records of leases with railroad and cell companies took a lot of extra time. The City got a clean report with no deficiencies with internal controls. The City got a single audit report concerning federal expenditures which were mostly at the Airport. This is really one report with 7 audits of the City's different funds. Mayor Hilligoss congratulated the Finance Department on a good job. 7.I. Transmittal Of Annual Comprehensive Financial Reports, For Fiscal Year Ended September 30, 2022 [Begin Agenda Memo] SYNOPSIS: Transmittal of Annual Comprehensive Financial Reports for fiscal year ended September 30, 2022. STAFF RECOMMENDATION: Staff recommends the City Commission accept the Annual Comprehensive Financial Report for fiscal year ended September 30, 2022 and independent auditors’ report as presented. BACKGROUND: In the independent auditors’ report for the fiscal year ending September 30, 2022, the auditors (Carr, Riggs & Ingram) stated that, in their opinion, the financial statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City as of September 30, 2022, and the respective changes in financial position, and cash flows where applicable, thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. The City utilized the professional services of Mike Brynjulfson, CPA for compilation of the annual audit. Mr. Brynjulfson will be attending the presentation of the annual report and be available to answer any questions relating to technical reporting requirements. Financial Highlights - The assets and deferred outflows of resources of the City exceeded its liabilities and deferred inflows of resources at the close of the most recent fiscal year by $66,678,190 (net position). As of September 30, 2022, the City reports an unrestricted net position of $3,953,301, as compared to $4,398,781 in the prior year. - The City’s total net position increased by $2,913,165 during the current year compared to an increase of $3,270,161 in the prior year. The governmental activities and business-type activities increased their net position by 7% (9% in prior year) and 3% (4% in prior year), respectively.  compared to $4,398,781 in the prior year. - The City’s total net position increased by $2,913,165 during the current year compared to an increase of $3,270,161 in the prior year. The governmental activities and business-type activities increased their net position by 7% (9% in prior year) and 3% (4% in prior year), respectively. - As of the close of the current fiscal year, the City’s governmental funds reported combined ending fund balances of $10,407,370; a decrease of $251,572 for the year. Approximately 42% of total fund balance is available for spending at the government’s discretion (unassigned) compared to 37% in the prior year. [End Agenda Memo] Commissioner Krueger made a motion to accept the audit report. Commissioner Williams seconded the motion. by voice vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion passed 4-0. 8. CONSENT AGENDA Commissioner Krueger made a motion to approve the Consent Agenda. Commissioner Williams seconded the motion. by voice vote Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 8.I. Minutes - August 15 & 31, 2023 8.II. Approval Of Contract For Law Enforcement Services: Lake Wales Housing Authority [Begin Agenda Memo] Synopsis: The City and the CRA will consider approving a contract with the Lake Wales Housing Authority to continue providing supplemental law enforcement services at the Grove Manor and Sunrise Park public housing complexes.  [Begin Agenda Memo] Synopsis: The City and the CRA will consider approving a contract with the Lake Wales Housing Authority to continue providing supplemental law enforcement services at the Grove Manor and Sunrise Park public housing complexes. RECOMMENDATION It is recommended that the City Commission authorize the Mayor to execute a Contract for Services with the Lake Wales Housing Authority for Fiscal Year 2023- 2024. It is recommended that the CRA Board Authorize the Chair to execute a Contract for Services with the Lake Wales Housing Authority for Fiscal Year 2023-2024. BACKGROUND Since 2011/2012 the CRA Board of Commissioners has approved funding a law enforcement officer position to provide supplemental law enforcement services toward designated CRA areas and the Lake Wales Housing Authority, Grove Manor Complex. The City must be a party to the Contract as well since the City’s Police Department is the agency which will provide the supplemental law enforcement services. In an effort to continue providing these supplemental law enforcement services to the Lake Wales Housing Authority, Grove Manor and Sunrise Park Complex residents, the Lake Wales Police Department seeks approval to enter into a new contract for FY2023/2024. This contract for supplemental law enforcement services provides for a monthly payment due the City in the amount of $3,280.00 from the Housing Authority. The Lake Wales Housing Authority Board approved the contract for services during their last meeting, held on June, 21 2023. [End Agenda Memo] 8.III. Facility Improvements – Recreation Center [Begin Agenda Memo] SYNOPSIS: The City Commission will consider authorizing the approval of the facility enhancements in the Lake Wales Recreation Center. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Authorize staff to expend funds in the amount of $78,976.37 for facility enhancements in the Lake Wales Family Recreation Center. BACKGROUND The City will be taking over the operations of the Lake Wales Family Recreation Center, currently known as the Lake Wales Family YMCA. There are some improvements that need to be made in the facility. These include: - Remove Vinyl tile flooring in Entry, lobby, Rear hallway, childcare area, and the turner center - Replace same rooms with Vinyl Plank flooring and new vinyl 4” base - Paint walls in entry, rear hall, gym, weight room, childcare area, library, and turner center - Paint partial walls in both men and women’s restrooms and showers areas - Remove and replace rotten plywood ceiling in gym area (3) 4’ x 8’ sheets of &1/2;” plywood ready for paint clean grout in men and women’s restrooms and shower areas The proposal submitted by SEMCO Construction, Inc. is $78,976.37. The City of Lake Wales entered into  - Paint partial walls in both men and women’s restrooms and showers areas - Remove and replace rotten plywood ceiling in gym area (3) 4’ x 8’ sheets of &1/2;” plywood ready for paint clean grout in men and women’s restrooms and shower areas The proposal submitted by SEMCO Construction, Inc. is $78,976.37. The City of Lake Wales entered into agreements for General/Licensed Building Contractor Services with SEMCO Construction, Inc. OTHER OPTIONS The City Commission may reject the proposal submitted by SEMCO Construction, Inc. and direct staff to initiate a sealed bid solicitation. FISCAL IMPACT $78,976.37 [End Agenda Memo] 9. OLD BUSINESS 10. NEW BUSINESS 10.I. Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval For A Residential Planned Development Project (PDP) - Public Hearing [Begin Agenda Memo] SYNOPSIS: Shelton T. Rice, P.A., authorized agent for owner, is requesting approval from City Commission, of a 64-unit Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP on approximately 19.01 acres of land north of C F Kinney Road and west of Scenic Highway North. RECOMMENDATION Staff recommends denial, as recommended by the Planning and Zoning Board at the July 25, 2023 Planning & Zoning Board Meeting, to City Commission for the Special Exception Use Permit, finding that the proposed subdivision is not superior to that of a subdivision standard to the R-1A zoning district, and that the project could be improved under the same design by designing lots to R-1A dimensional standards in keeping with the surrounding area, and ultimately does not meet the PDP Design Regulations. BACKGROUND Oak Development PDP – General: The subject property, comprising of approximately 19.01 acres of vacant land and pasture, is located at the northwest corner of C F Kinney Road and Scenic Highway North. The property is adjacent to Brookshire Subdivision, east of the subject property, and Dinner Lake Subdivision, south of the property. Along the property’s northern and western property boundaries, a solar farm has been approved and is currently under construction. These properties were annexed into the corporate City Limits on December 6, 2022. The land use and zoning amendments were adopted with the annexation on December 6, 2022. A land use designation of Low Density Residential and zoning designation of R-1A was assigned due to compatibility with the surrounding area. Surrounding subdivisions such as Dinner Lake and Brookshire have provided 85’ wide lots meeting the standards of the R-1A district. Maximum density allowed on the lands designated as LDR Low Density Residential is calculated at 5 units per gross acre, or 95 dwelling units, under the Comprehensive Plan for LDR Low-Density Residential. A density of 3.36 dwelling units per acre, or 64 dwelling units, is proposed. The proposed residential subdivision is designed as a Planned Development Project (PDP), Brookshire have provided 85’ wide lots meeting the standards of the R-1A district. Maximum density allowed on the lands designated as LDR Low Density Residential is calculated at 5 units per gross acre, or 95 dwelling units, under the Comprehensive Plan for LDR Low-Density Residential. A density of 3.36 dwelling units per acre, or 64 dwelling units, is proposed. The proposed residential subdivision is designed as a Planned Development Project (PDP), including requested Waivers of Strict Compliance. Lots adjacent to exterior roadways are proposed as 70’ wide lots to transition from the adjacent subdivisions’ 85’ wide lots. The central lots propose 60’ wide lots, and lots adjacent to the solar farm property are 50’ wide. Waivers are being requested for all R-1A dimensional standards. On June 27, 2023, the Planning and Zoning Board recommended to continue the PDP to the July 25, 2023 Planning & Zoning Board Meeting to allow the applicant to bring an alternative, revised design for approval. Revisions Made: - An additional unit was gained through redesign. - Dead ends within the development have been removed. - Visitor parking spaces, in excess of required parking regulations, have been provided. - The neighborhood park and mini park have been combined to provide a large centralized recreation area for the development. - Additional crosswalks have been added for pedestrian safety. - A community garden is proposed as an additional amenity. - Walking paths have been added in the neighborhood park adjacent to private lots to distinguish lots from common areas. The Planning and Zoning Board, after seeing an example of what the project could look like with standard-sized lots, felt the development appeared too dense. After the Board deliberated ideas with the applicant, the applicant agreed to change the central lots from 50’ wide lots, to the 60’ wide lots currently proposed as a compromise. A motion to deny the Special Exception Use Permit and Preliminary Subdivision Plat was approved 4:2. Land Development Code Division 4 Planned Development Project Regulations - The PDP process is intended to promote high quality site design - The process allows flexibility in project layout and relief from standard subdivision grids in order to preserve natural features of the land, maximize common open space and landscaping, and create vital neighborhoods - Creativity in housing types and site layout are encouraged - A PDP shall be approved only if the proposed plan demonstrates that the product will be superior to that of a standard subdivision - The PDP process is not intended to circumvent the regulations for residential development, but to allow creativity and variety - A PDP shall be approved only if the proposed plan demonstrates that the product will be superior to that of a standard subdivision - The PDP process is not intended to circumvent the regulations for residential development, but to allow creativity and variety - Deviation from the provisions of this chapter concerning lot size, setbacks, roadway design, and other requirements will be granted only if the proposed alternative allows for a superior project layout, provides enhanced open space and preservation of natural features, does not subvert the intent of this chapter, and does not compromise public safety Lot Types: 70’ x 100’ 19 lots 60’ x 100’ 18 lots 50’ x 100’ 27 lots TOTAL 64 LOTS R-1A Standards per Table 23-422 Minimum Lot Size: 12,000 sq. ft. Minimum Street Frontage: 50 feet Minimum Lot Width at Building Line: 85 feet Minimum Living Area: 1,500 sq. ft. Minimum Front Setback: 30 feet Minimum Side Setback: 10 feet Minimum Rear Setback: 20 feet Maximum Lot Coverage: 40% Maximum Building Height: 35 feet / 2.5 stories Proposed 70’ Wide Lots Minimum Lot Size – 7,000 sq. ft. Minimum Street Frontage – 70 feet Minimum Lot Width at Building Line – 70 feet Minimum Living Area – 1,500 sq. ft. Front Building Setback – 20 feet Side Building Setback – 5 feet Rear Building Setback – 10 feet Side Building Setback – 5 feet Rear Building Setback – 10 feet Functional Corner-Side Setback – 20 feet Maximum Lot Coverage – 60% Proposed 60’ Wide Lots Minimum Lot Size – 6,000 sq. ft. Minimum Street Frontage – 60 feet Minimum Lot Width at Building Line – 60 feet Minimum Living Area – 1,425 sq. ft. Front Building Setback – 20 feet Side Building Setback – 5 feet Rear Building Setback – 10 feet Functional Corner-Side Setback – 20 feet Maximum Lot Coverage – 60% Proposed 50’ Wide Lots Minimum Lot Size – 5,000 sq. ft. Minimum Street Frontage – 50 feet Minimum Lot Width at Building Line – 50 feet Minimum Floor Area – 1,350 sq. ft. Front Building Setback – 20 feet Side Building Setback – 5 feet Rear Building Setback – 10 feet Functional Corner-Side Setback – 20 feet Maximum Lot Coverage – 60% Roadways & Access: Access to the subdivision will be located off of C F Kinney Road. The development provides internal sidewalks on both sides of the street, and external sidewalks along C F Kinney and Scenic Highway North, where a sidewalk is already provided on one side of the street for C F Kinney Road. A waiver for roadway lane widths is needed to reduce the width to 10-feet-wide, where 12-feet-wide is a regulation standard. Staff supports the reduction of lane widths, as this can act as an additional traffic calming mechanism. The required visitor parking at 1 space per 10 dwelling units has been provided, and additional parking spaces included in excess of what is required. Landscaping and Buffering: General A detailed landscape plan and plant schedule will be width to 10-feet-wide, where 12-feet-wide is a regulation standard. Staff supports the reduction of lane widths, as this can act as an additional traffic calming mechanism. The required visitor parking at 1 space per 10 dwelling units has been provided, and additional parking spaces included in excess of what is required. Landscaping and Buffering: General A detailed landscape plan and plant schedule will be required at Site Development Plan submittal, and will be reviewed and approved by Staff. The proposed buffer may be a wall or berm, and will be planted with shrubs, canopy trees, and understory trees. The following landscape requirements shall be applied: - Residential tree density requirements will be enforced at building permit issuance, pursuant to section 23-307.2.a.3: a minimum of three, two-inch caliper shade trees, minimum of eight feet at planting for lots less than 10,000 sq. ft. and four, two-inch caliper shade trees, minimum of eight feet at planting for lots greater than 10,000 sq. ft. At least one of the shade trees shall be a street tree. Corner lots shall have a minimum of one additional tree to ensure that each frontage has at least one street tree. NOTE: Street Trees are required to have root barriers. Root barriers shall be approved by the Administrative Official prior to planting. - Minimum buffer landscaping shall be met, per section 23-307.3: Buffer between non- residential use and residential district. A five-foot wide separation strip shall be provided on property in non-residential use and a residential district. Within this strip, a permanent visual buffer, such as a wall or evergreen hedge, with a minimum height of six (6) feet shall be provided. Buffer along streets exterior to a development. 1. Along a local street, the buffer shall be a minimum of ten (10) feet in width, and along collector and arterial roadways, twenty (20) feet in width. 2. The buffer shall be in a separate parcel or tract maintained by a homeowners' association or similar entity, in accordance with an approved landscaping plan. 3. The buffer shall be landscaped to provide a solid screen, such as a wall or hedge, a minimum of six (6) feet in height. One (1) tree shall be provided for every fifty (50) feet of buffer length. - Recreation areas shall be landscaped per Section 23-310(d)2: A minimum of two (2) shade trees per recreation area or a minimum of five (5) shade trees per acre, whichever is greater, shall be provided in recreation areas. Proposed along Scenic Highway is a 30’ wide buffer with a 3’ high berm clustered with shrubs and overstory trees. C F Kinney Road provides a 15’ wide buffer with trees every 60 linear feet and a 6’ high hedge along the boundary. Buffering between the subdivision and the solar farm is proposed to be planted with overstory trees and shrubs within a 10’ strip of sod. A tree survey shall be provided during site development submittal to determine what trees will be retained and/or that mitigation is in place for trees to be removed. Recreation & Open Space: The overall development proposes a centrally located neighborhood park and mini-park with a dog park and community garden as amenities. Paths are provided adjacent to the park area and private lots to distinguish private areas from common areas. The development provides the minimum 20% open space as required by code. OPEN SPACE CALCULATION Buffer Area 1.46 acres 50% of Upland Retention Area 0.34 acres Neighborhood Park Area 0.96 acres Buffer Area 1.46 acres 50% of Upland Retention Area 0.34 acres Neighborhood Park Area 0.96 acres Dog Park Area 0.26 acres Other Open Space 0.86 acres TOTAL 3.88 ACRES (20.4%) Waivers of Strict Compliance: The applicant requests the following Waivers of Strict Compliance from certain dimensional and area standards in the R-1A zoning district: 1. Waive the required 150’ primary entrance road length. 2. Waive the minimum roadway lane widths to 10 feet where 12 feet is required by code. 3. Minimum curve radius reduced from 100 feet to 60 feet. 4. Minimum lot size reduced from the required 12,000 sq. ft. to 5,000 sq. ft. for 50’ wide lots. 5. Minimum lot size reduced from the required 12,000 sq. ft. to 6,000 sq. ft. for 60’ wide lots. 6. Minimum lot size reduced from the required 12,000 sq. ft. to 7,000 sq. ft. for 70’ wide lots. 7. Minimum lot width at building line reduced from the required 85 feet to 50 feet for 50’ wide lots. 8. Minimum lot width at building line reduced from the required 85 feet to 60 feet for 60’ wide lots. 9. Minimum lot width at building line reduced from the required 85 feet to 70 feet for 70’ wide lots. 10.Minimum front setback reduced from the required 30 feet to 20 feet for all lots. 11.Minimum side setback reduced from the required 10 feet to 5 feet for all lots. 12.Minimum rear setback reduced from the required 20 feet to 10 feet for all lots. 13.Minimum functional corner-side setback reduced from the required 30 feet to 20 feet for all corner lots. 14.Maximum lot coverage increased from the maximum 40% to 60% for all lots. 15.Minimum living area reduced from the required 1,500 sq. ft. to 1,350 sq. ft. for 50’ wide lots. 16.Minimum living area reduced from the required 1,500 sq. ft. to 1,450 sq. ft. for 60’ wide lots. Proposed Superior Design Standards Per the Applicant: In exchange for the consideration of the above-mentioned Waivers of Strict Compliance requested, the applicant provided justification within the project narrative delineating the ways in which the plan is superior to a standard subdivision: Proposed Superior Design Standards Per the Applicant: In exchange for the consideration of the above-mentioned Waivers of Strict Compliance requested, the applicant provided justification within the project narrative delineating the ways in which the plan is superior to a standard subdivision: “We feel that the proposed plan and the associated deviations from the base code standards have allowed us to balance the constraints of the existing site (small total land area, challenging existing topography, rectangular geometry of the parcel) with the requested deviations in order to achieve a viable development plan that prioritizes walkability and generous recreational areas. The design of the proposed CF Kinney Road project exceeds county standards in the following ways: • Additional buffering has been provided in excess of the required buffering width, in addition to providing a berm buffer along Scenic Highway that is not required by code. • The large, central park area has been designed to respect one of the few natural features existing onsite in the form of the existing topographic depression. Natural stormwater infiltration will be allowed to continue in this area, allowing for the complete elimination of surface water runoff discharges from the site by infiltration of all project runoff. This will also respect the existing floodplain associated with this area. The location of both the neighborhood park and the dog park directly across the street create a strong, central focal point for the neighborhood. The neighborhood park provides 4x the required acreage, and the mini-park is over 10x the required acreage. In addition the dog park reduces stormwater, air, and traffic pollution, enhancing resident safety due to internal capture of stormwater and accessibility. • A landscaped median feature has been incorporated into the design of the northern east- west roadway in order to break up the block visually, provide for traffic calming, and provide a focal point entrance to the neighborhood park with the associated raised crosswalk for pedestrians. Reduced lane widths reduce vehicle travel speeds, enhance pedestrian safety for shorter crossing times, and reduces stormwater runoff volumes and pollution. • Raised crosswalks emphasize the focal point of the neighborhood and mini-parks, create traffic calming by reducing vehicle speeds, and increases pedestrian safety by increasing the visual prominence of the crosswalk.” - Recreation required: 0.29 acres; Recreation provided: 1.45 acres - Open space required: 20% of site; Open space provided: 20.4% of overall site Planning in Progress Aspirations: The applicant submitted a conceptual plan to the city in March of 2022, prior to the Planning in Progress resolution passed by City Commission in January of 2023. This project went through multiple revisions, and have attempted to meet the intentions of the design provided by Plusurbia, attached. 1. We will seek to assemble an enduring green network of open spaces and conservation lands; The development does not contribute to the City’s effort to create a green network of connected open spaces, as it is isolated from the surrounding area with backs of homes adjacent to exterior roadways, and open space terminates within the development. The development does provide open space area which meets the minimum code requirement. 2. We will partner with landowners, investors, and the community to encourage input, collaboration, and respect property rights; The property was annexed into the city in backs of homes adjacent to exterior roadways, and open space terminates within the development. The development does provide open space area which meets the minimum code requirement. 2. We will partner with landowners, investors, and the community to encourage input, collaboration, and respect property rights; The property was annexed into the city in 2022, prior to a change in Planning Staff leadership, and the adoption of the Planning in Progress Resolution. The applicant has willingly and patiently worked with Staff, making revisions to the plan in an attempt to better align with the PDP Guidelines and Planning in Progress Aspirations. At no cost to the applicant, the City hired an Urban Design firm to re- design the site and provide recommendations on how to improve the site layout. 3. We will make infill development and revitalization a priority; The site may be considered infill, as it is surrounded by existing and proposed development. 4. We will emphasize economic prosperity by increasing property values through quality development; Per Urban Design firm Plusurbia, the quality of the development could be improved by: a. Orienting the fronts of homes towards North Scenic Highway, CF Kinney Road, the natural depression located in the center of the property, and towards other homes where possible. b. Providing two-story homes along Scenic Highway, so to take advantage of the views of Lake Mabel. c. Most homes should be rear-accessed from an alley. 5. We will facilitate employment opportunities by supporting a mix of land uses and industries; The development does not directly facilitate employment or include a mix of land uses and industries. 6. We will seek to make traditional neighborhoods with walkable, connected streets that create a high-quality public realm the norm; The development is not considered a Traditional Neighborhood. Driveway connections onto the internal roadways from the 50’ wide lots deplete the walkability of the neighborhood when driveways impede the sidewalk network. Sidewalks on both sides of the road, street trees, reduced travel lane widths, and deflected long roads increase the comfortable walkability of the neighborhood. 7. We will discourage conventional urban sprawl as defined in Florida Statutes Chapter 163; and Although the development will connect to existing water and sewer, the lack of support non-residential uses in the surrounding area contributes to car dependency and is not considered walkable or connected. 8. We will grow a livable transportation network by implementing the Lake Wales Mobility Plan and including context-sensitive Complete Streets. The project is designed with complete street elements such as street trees and sidewalks on both sides of the road, and narrow lanes to slow internal traffic within the development. Staff Findings 1. This site is located within the City’s utility service area and will connect to municipal water and sewer. 2. The development will maximize existing infrastructure investments by connecting to municipal water and sewer. 1. This site is located within the City’s utility service area and will connect to municipal water and sewer. 2. The development will maximize existing infrastructure investments by connecting to municipal water and sewer. 3. The development is infill in nature with surrounding properties being developed or existing and already developed. 4. A berm is being provided along Scenic Highway that is consistent with the berm utilized at Dinner Lake Subdivision to provide buffering and sound barrier from the roadway. 5. The proposed lot sizes are not consistent with the lots provided in surrounding developments; Dinner Lake and Brookshire have 85’ wide lots adjacent to roadways and meet R-1A standards. 6. The development does not demonstrate a neighborhood design superior to a standard subdivision, and therefore does not justify the requested Waivers of Strict Compliance from the dimensional and area standards of the R-1A zoning district. Recommended Conditions of Approval 7. Staff recommends the following conditions of approval: a. Housing shall adhere to the City’s anti-monotony standards. b. A Detailed Landscape Plan is required at Site Development Plan Submittal and will be reviewed and approved by Staff. c. Decorative, dark sky friendly street lighting to minimize glare and reduce light pollution. Street lighting design to be approved by the City, and maintained by the HOA. d. Garages shall be recessed a minimum of five feet from the front expression line. e. Mechanical equipment shall be located at the rear of the home and not permitted within side yards for all lots in the development. f. The traffic study must be approved by the Administrative Official prior to issuance of Site Development Permit. g. The developer must enter into a developer’s agreement, capacity queue agreement and/or utilities agreement with the City, at the administrative official’s discretion. h. Revise the typical lot layout details to show rear setback as 10 feet, as requested under waivers of strict compliance. OTHER OPTIONS 1. Recommend approval to City Commission of the proposed PDP with Waivers of Strict Compliance and Conditions of Approval. 2. Recommend approval to City Commission as a standard subdivision designed to R-1A dimensional and area standards. 1. Recommend approval to City Commission of the proposed PDP with Waivers of Strict Compliance and Conditions of Approval. 2. Recommend approval to City Commission as a standard subdivision designed to R-1A dimensional and area standards. FISCAL IMPACT Approval of the preliminary plat and PDP would enable the development of this property and the potential increase in property value. Specifically, estimating an average of $200,000 in taxable value per unit, it could potentially result in over $12.8 million in taxable value, and generate a little over $91,000 in ad valorem taxes. *Adjusted values for potential homesteaded properties have not been factored into this estimate. [End Agenda Memo] Autumn Cochella, Deputy Growth Management Director, reviewed this item. Shelton Rice, Peterson & Myers Law Firm representing the developer, gave a presentation on this project. This project has been in the works for 19 months. The Commission needs a full picture of this project. He shared some pictures of the project area and the surrounding areas. He showed the beginning concept plan with 62 foot lots and shared the changes since then. He shared the timeline of the project including annexing the property into the City. The client doesn't do alley TND projects. They accommodated many of the requests from staff and the planning board. This project was caught in the middle since the aspirations were adopted. The Planning board changed between the two meeting. The board voted 4-2 to recommend denial. He showed slides of the June concept plan and explained what they changed for the July meeting. The standards are above and beyond what is required. He shared a slide showing the different sizes of lots. This project is superior to most subdivisions. Mr. Rice said this project is infill with development all around it. The lot sizes are consistent with other nearby developments. This project is superior than a standard subdivision. There is 20% more open space than is required. There will be more landscaping and buffering. Mechanical equipment won't be in front yards. There will be sidewalks on both sides of the streets. He showed a map of surrounding developments and said many have 55 ft wide lots. They request approval of this project as it is compatible with the surrounding area. Casey Krauser, Principal of Oak Development group in St. Petersburg, shared some of his background and some pictures of other developments he has done. This is a small project and will be a superior design. They made their best effort to accommodate the requests made by staff except doing alley loaded homes. He requested Commission's supports. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger said he is not convinced of the TND (traditional neighborhood design) he lives in a standard subdivision and it is nice. He is inclined to think favorably on this project. Commissioner Thompson said he is sympathetic to the problems faced by the application. We are all in between a lot of issues. This is not different from what is out there. This is an imaginative way to call this infill development. He doesn't think its fair to hold it against these guys on this small project with the other building going on. He is inclined to vote yes. Commissioner Williams said it is hard to go against staff and Planning board denials. What message are we sending staff? James Slaton, City Manager, said the Commission can vote their conscience. It can be considered superior.  imaginative way to call this infill development. He doesn't think its fair to hold it against these guys on this small project with the other building going on. He is inclined to vote yes. Commissioner Williams said it is hard to go against staff and Planning board denials. What message are we sending staff? James Slaton, City Manager, said the Commission can vote their conscience. It can be considered superior. Commissioner Krueger made a motion to approve the PDP. Commissioner Thompson seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Thompson "YES" Commissioner Williams "NO" Mayor Hilligoss "NO" Motion failed 2-2. 11. CITY CLERK 11.I. Board Appointment To Code Enforcement Board [Begin Agenda Memo] SYNOPSIS: Appointment to fill a vacancy on the Code Enforcement Board RECOMMENDATION Staff recommends that the Mayor and Commission make the following appointments and reappointments as deemed appropriate. 1. Appoint Cathy Hammel to the Code Enforcement Board to a term to expire July 1, 2025. BACKGROUND Code Enforcement Board (City Code Sec. 2-56) – The board consists of seven (7) members. Whenever possible, membership shall include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Members must be residents. (3-year term) 2 alternates can also be appointed. • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 2 alternate seats There is a vacancy on the Code Enforcement Board due to resignation. Current Members: Dwight Wilson, resident 07/01/21 – 07/01/24 2 Courtney Schmitt, resident 07/01/21 – 07/01/24, 1 Curtis Gibson, resident 07/01/2022 – 07/01/2025, 1 Ralph E. Marino, resident 07/01/22 – 07/01/2025  Curtis Gibson, resident 07/01/2022 – 07/01/2025, 1 Ralph E. Marino, resident 07/01/22 – 07/01/2025 Bruce Austell, resident 02/04/2022 – 07/01/2025 P+1 Julia Paul, resident, (alternate) 02/18/20 – 07/01/23 P Sara Jones, resident 07/01/21 – 07/01/2024 1 Bueford “Bud” Colburn (alternate) 07/01/22 – 07/01/25 1 Mark Bennett 03/08/23-7/1/2025 P Applying for Appointment: Cathy Hammel has applied to serve and staff recommends that she be appointed to serve as an alternate for a term to expire July 1, 2025. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Jennifer Nanek, City Clerk, reviewed this item. Mayor Hilligoss appointed Cathy Hammel to a term in an alternate position on the Code Enforcement Board that will expire July 1, 2025. Mayor Hilligoss made a motion to approve the appointment. Commissioner Williams seconded the motion. by voice vote: Commissioner Williams "YES" Commissioner Thompson "YES" Commissioner Krueger "YES" Mayor Hilligoss "YES" Motion approved 4-0. 12. CITY ATTORNEY Albert Galloway, Jr., City Attorney, reported that there is a reverter clause for the Womans Club in the warranty deed. If it ceases to be a Woman's Club the property reverts to the City of Lake Wales. 13. CITY MANAGER James Slaton, City Manager, said that for the 2nd Budget Hearing on September 19 all Commissioners need to be present to vote. 14. CITY COMMISSION COMMENTS  James Slaton, City Manager, said that for the 2nd Budget Hearing on September 19 all Commissioners need to be present to vote. 14. CITY COMMISSION COMMENTS Commissioner Krueger discussed environmental issues and shared a video on the negative effects of wind turbines and solar panels on bird populations. Commissioner Williams said he is excited about the new sign at the Family Recreation Center and former YMCA. Commissioner Thompson agreed Commissioner Thompson said that these projects in between need to be treated fairly if they have made good faith efforts in doing what we ask. He respects the work that staff does. He wants to stay consistent on this. He asked about a presentation from Dover Kohl. James Slaton, City Manager, said it will be in October. 15. MAYOR COMMENTS Mayor Hilligoss said we are all trying to be fair. He is relying a lot on staff and our Planning and Zoning Board. Mayor Hilligoss asked if James will meet with Curtis Gibson from the mall. Mr. Slaton indicated he would. Mayor Hilligoss said he will leave that in his hands. 16. ADJOURNMENT The meeting was adjourned at 7:20 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk