City Commission Regular Meeting

City Commission Meeting Minutes January 16, 2024 (APPROVED) 1/16/2024 - Minutes 1. INVOCATION Rev. 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, Mayor Jack Hilligoss, Daniel Williams, Robin Gibson, Danny Krueger Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. COMMENTS AND PETITIONS 6. CONSENT AGENDA Catherine Price, resident asked to pull Item 6.10, Developer Credit Agreements for Steeplechase and Iron Mountain. Mayor Hilligoss pulled the item. Commissioner Krueger made a motion to approve the Consent Agenda except Item 6.10. 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 passed 5-0.  Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 6.I. Minutes - January 2 & 10, 2024 6.II. Dewberry – Lead & Copper Service Line Inventory [Begin Agenda Memo] SYNOPSIS: Staff is requesting approval to enter into an engineering contract with Dewberry Engineers, Inc. for $77,500.00 to inventory lead and copper service lines connected to the City of Lake Wales’ potable water system. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve entering into an engineering contract with Dewberry Engineers, Inc. to inventory the City’s lead and copper services lines connected to the City of Lake Wales’ potable water system for $77,500.00 as required by the Environmental Protection Agency (EPA). 2. Authorize the City Manager to execute the appropriate documents associated with this task order. BACKGROUND In 1974, Congress passed the Safe Drinking Water Act. This law requires EPA to determine an acceptable level of contaminants that can exist in drinking water without causing adverse health effects. These non enforceable health goals, based solely on possible health risks are called maximum contaminant level goals (MCLGs). The MCLG for lead is zero. EPA has set this level based on the best available science, which shows there is no safe level of exposure to lead. On August 4, 2022, EPA released Guidance for Developing and Maintaining a Service Line Inventory to support water systems with their efforts to develop inventories and to provide states with needed information for oversight and reporting to EPA. The guidance provides essential information to help water systems comply with the Lead and Copper Rule Revisions requirement to prepare and maintain an inventory of service line materials by October 16, 2024. Dewberry Engineering, Inc. is tasked with preparing a Lead and Cooper Service Line Inventory for Lake Wales. Staff recommends the commission take the following action; approve entering into a contract with Dewberry Inc. to provide the Lead & Cooper Service Line Inventory for $77,500.00 and authorize the City Manager to sign the task order document for this project. OTHER OPTION None. EPA has mandated that all community public water systems complete a lead and cooper service line (LSL) inventory by October 16, 2024 FISCAL IMPACT Staff has submitted a Request for Inclusion to the Florida Department of Environmental Protection (FDEP) to fund the Lead and Copper Inventory. The engineering portion of this project is just the first step in identifying all the potential problematic service lines. [End Agenda Memo] 6.III. Purchase Authorization –Asphalt Paving System Inc. (APS) [Begin Agenda Memo] SYNOPSIS: The City Commission will consider authorizing entering into a piggyback agreement for street resurfacing and authorizing the expenditures of $499,639.06 for the resurfacing of various city streets to Asphalt Paving System, Inc. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action:  SYNOPSIS: The City Commission will consider authorizing entering into a piggyback agreement for street resurfacing and authorizing the expenditures of $499,639.06 for the resurfacing of various city streets to Asphalt Paving System, Inc. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve the expenditure of funds of $499,639.06 to Asphalt Paving Services, Inc. for street resurfacing. 2. Authorize entering into a piggyback agreement with Asphalt Paving Systems to perform street resurfacing. 3. Authorize the City Manager to execute the appropriate documents, on the city’s behalf associated with this project. BACKGROUND The proposal submitted by Asphalt Paving Systems, Inc. is based on a competitively bid contract with the City of Kissimmee, Florida for similar services. Staff is requesting approval to piggyback the contract. Section 2-404 of the City Code and F.S. §287.057 exempts the City from competitive sealed bid requirements when piggybacking another public entity’s competitively bid contract. Asphalt Paving Systems, Inc. provides pavement preservation and resurfacing services for the City of Kissimmee, Florida and in 2019, the City Commission approved an agreement with Asphalt Paving Systems, Inc. to begin the pavement management program for streets in the City’s road network. Streets that are being considered for resurfacing include Hillcrest Drive from Sunset to Triangle, Frontage Road from SR 60 to 4th Street /Hesperides Rd, Yarnell Avenue from the west end of Cephia to Sunset, Cohassett Avenue from 7th Street to Minnesota Avenue, and lastly Marietta Street form SR 60 to Campbell Avenue. Every effort will be made to perform these resurfacing activities at a time to not impair the flow of school traffic. Staff recommends the commission take the following action; approve the expenditure of funds of $499,639.06 for street resurfacing and approve entering into a piggyback agreement with Asphalt Paving Systems utilizing the City of Kissimmee contract prices. OTHER OPTIONS The City Commission may direct staff to solicit sealed proposals for pavement preservation in lieu of utilizing the agreement with Asphalt Paving Systems, Inc. FISCAL IMPACT The Streets Department has placed $500,000.00 in the FY 2023-2024 Capital Improvements Budget. [End Agenda Memo] 6.IV. Cleaning / Closed Circuit Television (CCTV) And Cured In Place Piping (CIPP) Lining On 10” Clay Sewer Line And 4” To 6” Laterals [Begin Agenda Memo] SYNOPSIS: Staff requests City Commission approval to expend funds for $67,691.00 for Cleaning, CCTV, dewatering and CIPP lining a section 327’ of sewer line and 112’ of laterals that are leaking in several areas causing the road to collapse, utilizing Vortex Services, LLC STAFF RECOMMENDATION Staff Recommends the City Commission consider taking the following action: 1. Approve the expenditure of funds for $67,691.00 to Vortex Services, for Cleaning, CCTV, and dewatering and CIPP installation. 2. Authorize the City Manager to execute the appropriate documents associated with this repair. BACKGROUND The City, as part of its collection system, owns, operates, and maintains 121 Miles of 8 to 16 inch Gravity Sewer Line and 75 Miles of 2 to 16 inch Force Mains. Due to the age of some of the gravity sewer lines and force mains, they will break over time. It has been determined that it is more feasible to CIPP line them then take the system off line and replace them. Once the sewer line/laterals is slip lined, it will prevent any raw sewer leakage into the soil, causing a compliance issue.  BACKGROUND The City, as part of its collection system, owns, operates, and maintains 121 Miles of 8 to 16 inch Gravity Sewer Line and 75 Miles of 2 to 16 inch Force Mains. Due to the age of some of the gravity sewer lines and force mains, they will break over time. It has been determined that it is more feasible to CIPP line them then take the system off line and replace them. Once the sewer line/laterals is slip lined, it will prevent any raw sewer leakage into the soil, causing a compliance issue. The 327’ of clay sewer line and 112’ of laterals on Dr. MLK Jr Blvd between Weaver Avenue and Bullard Avenue was inspected for breaks and was determined by city staff that it was leaking large amounts of sand in several areas allowing sinkholes to form in the road and a large amount of sand to accumulate in the pipe. Staff contacted Vortex Services and scheduled their technician to come out and assess the condition. Once the condition was assessed, Vortex was able to provide pricing for the cleaning, CCTV, dewatering and CIPP lining of 327’ of sewer line and 112’ of laterals on Dr. MLK Jr. Blvd. between Weaver Avenue and Bullard Avenue. Staff recommends the commission take the following action; approve the expenditure of funds of $67,691.00 for Cleaning, CCTV, dewatering and CIPP lining utilizing pricing from Vortex Services, LLC Piggyback with Miami Beach. OTHER OPTIONS None. Maintenance of these wastewater system components becomes necessary from time to time to maintain the integrity of the system FISCAL IMPACT The Wastewater Department has placed $200,000.00 in the FY 2023-2024 M & R Lines & Mains for these necessary repairs. [End Agenda Memo] 6.V. Kimley Horn Engineering Task Authorization #20-471 City Of Lake Wales Wastewater And Reclaimed Master Utility Plan [Begin Agenda Memo] SYNOPSIS: Staff requests commission to give approval to enter into an engineering contract with Kimley Horn & Associates to perform engineering services related to the study and formation of an updated wastewater and reclaimed water master utility plan for $225,000. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve entering into a contract with Kimley Horn & Associates for $225,000 to perform engineering services associated with the formation of an updated wastewater and reclaimed water master utility plan. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The scope of work under this contract will be to develop a comprehensive wastewater and reclaimed water utility master plan for the purpose of identifying and prioritizing capital projects. The scope of services describes the specific tasks of gathering information, develop future needs, perform necessary hydraulic analysis, develop costs, report recommendations, and produce a prioritized list of funded needs. The wastewater and reclaimed utility master plan will focus on capital improvements required to serve existing 5, 10, and 20-year future needs of the utility service area. Development has made it is necessary to evaluate further expansion of the utility sewer and reclaim system and determine necessary upgrades to the waste water treatment facility. Once the wastewater and reclaimed water master utility plan study is complete, it will be brought back before the commission for review and approval. Staff is recommending that the Commission take the following action, approve entering into an agreement with Kimley Horn & Associates for $225,000 to perform the engineering services with updating the master plan and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION None. It becomes necessary for a periodic study to be performed to ensure the integrity and the function of the utility system is maintained and expanded, if necessary, at an acceptable level. The last master plan study performed of the wastewater and reclaimed water utility  following action, approve entering into an agreement with Kimley Horn & Associates for $225,000 to perform the engineering services with updating the master plan and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION None. It becomes necessary for a periodic study to be performed to ensure the integrity and the function of the utility system is maintained and expanded, if necessary, at an acceptable level. The last master plan study performed of the wastewater and reclaimed water utility system was performed back in 2020. These plans will typically have a useful life of 10 years or until all the suggested upgrades have been completed. Staff is at such point that proposed and on-going development has facilitated the need to update the plan in order to accommodate connection to the sewer and reclaim water system. FISCAL IMPACT The Wastewater Department has placed funds in the 2023-2024 Capital Improvement Budget to cover the expenditures to create an updated plan. [End Agenda Memo] 6.VI. Special Event Permit Application - 2024 Lake Wales Art Show At Lake Wailes Park [Begin Agenda Memo] SYNOPSIS: Approval of this Special Event Application will allow the 53rd Annual Lake Wales Art Show to be held in Lake Wailes Park Friday, February 23, 2024 to Sunday, February 25, 2024. RECOMMENDATION Staff recommends that the City Commission consider taking the following action: 1. Approve the Special Event Permit Application for the 53rd Annual Lake Wales Art Show to be held February 23 – February 25, 2024 in Lake Wailes Park. 2. Approve the request to allow for a designated area for alcohol consumption. 3. Approve the hours as follows: February 22 - set up at 7:00 a.m. and evening festivities beginning on February 23 at 5:00 p.m. and ending at 10:00 p.m., February 24 and February 25 – 10:00 a.m. to 5:00 p.m. 4. Approve the request for set up by the artists on Friday February 23, 2024 at approximately 10:00 a.m. BACKGROUND The Lake Wales Art Council, Inc. submitted a Special Event Permit Application for the 52nd Annual Lake Wales Art Show to be held February 23 to February 25, 2024 in Lake Wailes Park. This event would begin on Friday evening, February 23, 2023 at 6:00 p.m. with a barbecue and musical entertainment and it will conclude at 8:00 p.m. This event includes a designated area to sell and consume alcohol. On Saturday and Sunday activities will begin at 10:00 a.m. and end at 5:00 p.m. The Special Event Permit Application includes a request for the artists to set up on Friday, February 23 at approximately 10:00 a.m. The Art Council will be using the services of off-duty officers from the Lake Wales Police Department each evening during the entire event. This will be paid at 100% by the Art Council. The Field Operations Division will be providing clean up services on Saturday and Sunday with the Arts Council paying 25% of those costs. The Arts Council will also be responsible for site set up, obtaining tent permits, providing licensing for food vendors, acquiring sanitary facilities and dumpsters and providing liability insurance for the event. OTHER OPTIONS Do not approve the event FISCAL IMPACT In-kind services provided by the City were budgeted for FY23-24 in the amount of $1236. The Arts Council will be responsible for 25% or $309. Private security will be provided by the Lake Wales Police Department and will be paid at 100% by the Arts Council. [End Agenda Memo]  FISCAL IMPACT In-kind services provided by the City were budgeted for FY23-24 in the amount of $1236. The Arts Council will be responsible for 25% or $309. Private security will be provided by the Lake Wales Police Department and will be paid at 100% by the Arts Council. [End Agenda Memo] 6.VII. Special Event Application - Pre Mardi-Gras Jeep Event, February 8, 2024 [Begin Agenda Memo] SYNOPSIS: Wales Pointe Restaurant and Jessy G Photography are applying to have a Jeep Decorating contest on Thursday, February 8, 2024 on Orange Avenue. This will require the closure of Orange Avenue between 3:00 p.m. and 9:30 p.m. RECOMMENDATION Staff Recommends: 1. Approval of the Special Event Application to host a Mardi Gras Jeep event on February 8, 2024 from 5:00 p.m. – 8:00 p.m. on Orange Avenue. 2. Approve the request to close Orange Avenue on Thursday February 8, 2024 between 3:00 p.m. – 9:30 p.m. between Scenic HWY and Market Street. BACKGROUND Wales Pointe Restaurant and Jessy G Photograph have applied to host a Pre Mardi Gras Jeep event on Thursday February 8, 2024 from 5:00 p.m. – 9:30 p.m. This is a Jeep Wrangler Decorating Event. They have requested to close Orange Avenue between Scenic HWY and Market Street at 3:00 p.m. OTHER OPTIONS Do not approve the event. FISCAL IMPACT Sponsor will cover 100% of the costs. [End Agenda Memo] 6.VIII. Transfer Of Property Ownership From The City Of Lake Wales To The Lake Wales Community Redevelopment Agency - Lake Alta Park [Begin Agenda Memo] SYNOPSIS: Staff requests that City Commission transfer ownership of Lake Alta Park, located north of Kissimmee Avenue, south of Osceola Avenue East, and west of 4th Street North (identified by parcel number 273002-909610-005010) from the City to the CRA to facilitate redevelopment on 3rd Street North. RECOMMENDATION Staff recommends approval of the transfer of Lake Alta Park (identified by parcel number 273002-909610-005010) from the City of Lake Wales to the Lake Wales Community Redevelopment Agency. BACKGROUND LAKE WALES CONNECTED PLAN ACTION STEPS Action # Description 27 Identify properties owned by CRA or the City and explore joint ventures for new housing Action Item #27 of the Lake Wales Connected Plan states “Identify properties owned by CRA or the City and explore joint ventures for new housing”. In order to accomplish this goal, the first step to transfer City owned Property to the Community Redevelopment Agency would enable infill development. The intent upon approval of the transfer would be to vacate Lake Alta Street in order to create a pedestrian friendly thoroughfare through the park. The existing conditions of Lake Alta Park are poorly maintained, with illegal dumping present on site.  Action Item #27 of the Lake Wales Connected Plan states “Identify properties owned by CRA or the City and explore joint ventures for new housing”. In order to accomplish this goal, the first step to transfer City owned Property to the Community Redevelopment Agency would enable infill development. The intent upon approval of the transfer would be to vacate Lake Alta Street in order to create a pedestrian friendly thoroughfare through the park. The existing conditions of Lake Alta Park are poorly maintained, with illegal dumping present on site. Transferring the property would put the maintenance of the park into the future developer’s responsibility, but would encourage the improvement and maintenance of open green space available to the public. By preserving and maintaining the park, the redevelopment along 3rd Street South is proposed to be clustered, with traditional cottage styled homes including front porches and an alley at the rear of homes. This transfer will facilitate the construction of attainable, workforce housing for our teachers, public servants, and young professionals in the area. FISCAL IMPACT The property transfer would relieve the City from incurring maintenance costs of Lake Alta Park, and would enable the redevelopment of properties along 3rd Street North, providing for additional ad valorem tax revenues. OTHER OPTIONS Decline the property ownership transfer requested by Staff. [End Agenda Memo] 6.IX. Lake Wales Care Center License And Indemnification Agreement [Begin Agenda Memo] Synopsis: The Lake Wales Care Center, Inc. (“Care Center”), is required to provide an Americans with Disabilities (“ADA”) compliant access ramp to the apartment complex located at 282 East Park Avenue. The proposed Agreement serves to protect the City related to the use of public property by the Care Center and the tenants which will occupy the apartments within the complex. Recommendation: That the City Commission approve the License and Indemnification Agreement and authorize the Mayor to sign it on behalf of the City. Background: After the Care Center acquired the apartment complex it was determined that an ADA compliant access would be required. It was initially thought that the easement right-of-way lying West of the building could be vacated in order to make the needed property available for construction of the access ramp. The City’s Utilities Department advised against the contemplated vacation due to concerns about existing utilities lying under the easement. The License and Indemnification Agreement is a viable alterative which will allow for the required ADA access ramp. The Utilities Department has approved of this approach. The Agreement is revocable at will by the City. Fiscal impact: The cost of recording the instrument in the Public Records of Polk County in the amount of $27.00. Alternatives: There are no alternatives which will serve to protect the public and the City in the manner contemplated by the License and Indemnification Agreement. [End Agenda Memo] 6.X. Developer Credit Agreements For Steeplechase And Iron Mountain [Begin Agenda Memo] SYNOPSIS: The City Commission has approved a request for Special Exception Use Permit for approval of two Planned Development Projects, Steeplechase and Iron Mountain. Section 23-770 of City Code authorizes a developer contribution credit against impact fees. The responsible party for both developments is the same person, and therefore, they are being combined into one agenda item. RECOMMENDATION Staff Recommends: approval of two Planned Development Projects, Steeplechase and Iron Mountain. Section 23-770 of City Code authorizes a developer contribution credit against impact fees. The responsible party for both developments is the same person, and therefore, they are being combined into one agenda item. RECOMMENDATION Staff Recommends: 1. Approval the Steeplechase and Iron Mountain Developer Contribution Credit Agreements with Steeplechase Investors, LLC and Iron Mountain Investors, LLC, respectively. 2. Authorize the Mayor to execute both agreements BACKGROUND The City Commission authorized Developer Contribution Credit for those development plans which align with Resolution 2023-02. City staff has reviewed the preliminary proposals for Steeplechase and Iron Mountain and are recommending approval of the Special Exception Use Permit for both developments. The city manager has reviewed the proposals and documents submitted by the developer and had determined that a fifty percent (50%) reduction of all residential and non-residential impact fees is an appropriate contribution credit amount. The developer agrees. Extra Expense to accommodate Resolution 2023-02 and recommended dollar amount of credit: Steeplechase: Exp: $4,115,000 Iron Mountain: Exp: $2,227,650 Total Impact Fee: $3,524,195 Total Residential Impact Fee: $5,124,767 Credit: $1,762,097 Credit: $2,227,650 OTHER OPTIONS Authorize a different amount for Developer Contribution Credit Authorize no amount for Developer Contribution Credit FISCAL IMPACT None, if the credit is not approved the development might not move forward. None, in exchange for a Developer Contribution Credit the city is benefiting from a development with enhanced site development components. [End Agenda Memo] Catherine Price, resident, spoke against this item. This is a large amount money. It is not clear why we are giving up this much money. She said that the process should be transparent. Deputy Mayor Gibson asked for more explanation of this item. James Slaton, City Manager, reviewed this item. Commissioner Williams said these developments were ones we were excited about. Commissioner Thompson asked to confirm that these PDPs have been approved. Mr. Slaton confirmed that the Commission has approved these. Commissioner Krueger said the Commission reviewed this and determined this to be a worthwhile tradeoff. He recommended the public attend the work sessions to learn more about the discussions. Mayor Hilligoss commended staff for the work they did on this. This is the kind of negotiation we want. We are trying to develop a win-win relationship and we don't need language that isn't helpful. This gentleman did what we asked and the Commission was happy with the revisions. Deputy Mayor Gibson said we need transparency and would like for Ms. Cochella to review the developments. Autumn Cochella, Growth Management Director, reviewed the changes to the Steeplechase and Iron Mountain PDPS. Commissioner Krueger made a motion to approve this item. Commissioner Williams seconded the motion.  Autumn Cochella, Growth Management Director, reviewed the changes to the Steeplechase and Iron Mountain PDPS. Commissioner Krueger made a motion to approve this item. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 7. OLD BUSINESS 8. NEW BUSINESS 9. CITY ATTORNEY Albert Galloway Jr., City Attorney, reported that the transfer of the title for Lake Alta Park from the City to the CRA is now accomplished. The vacation of Lake Alta Street will be coming to the Commission at the next meeting. That will make that one parcel for the developer. 10. CITY MANAGER James Slaton, City Manager, reported that the pool is back open at the Recreation Center. Mr. Slaton said there is a legacy wrap-up ceremony is tomorrow at 9am. The next Work Session is January 31. There will be an open house at the Recreation Center hosted by the Central Florida Regional Planning Council. This will give the public a chance to share their thoughts on economic development in Lake Wales. 11. CITY COMMISSION COMMENTS Commissioner Krueger reported that he attended some of the MLK festivities and said they were great. He commended the speech by former mayor Gene Fultz. Commissioner Williams said we need to work with our developers. He said we need to be careful about language. We are not attempting to hide anything. He encouraged citizens with questions to speak with the City Manager. Commissioner Thompson said we need to work together. We don't have to agree. We need to put away binary thinking and hidden agendas. We have undertaken a big vision for our City. Its a lot. We need to work with each other. We will figure it out. There are exciting times for our City ahead. Deputy Mayor Gibson said nothing nefarious or unethical is going on. The transition projects were difficult for the commission. He is concerned for the local property owners. They don't get paid until governmental approvals are done first. 12. MAYOR COMMENTS  Deputy Mayor Gibson said nothing nefarious or unethical is going on. The transition projects were difficult for the commission. He is concerned for the local property owners. They don't get paid until governmental approvals are done first. 12. MAYOR COMMENTS Mayor Hilligoss said he is looking forward to working with the representatives from the Central Florida Regional Planning Council on the Economic Development Plan. 13. ADJOURNMENT The meeting was adjourned at 6:30 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk