City Commission Regular Meeting

City Commission Meeting Minutes December 17, 2024 (APPROVED) 12/17/2024 - Minutes 1. INVOCATION Rev Schlenker 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 Members Present: Mayor Jack Hilligoss, Robin Gibson, Keith Thompson, Carol Gillespie, Daniel Williams Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., 5. COMMENTS AND PETITIONS Becky Wynkoop, resident, expressed objections to closing the road during Orange Blossom Revue. Cassandra Richards, resident, expressed objections to speeding city trucks in her neighborhood. Juanita Zwaryczuk, resident, asked for her road Tillman to be resurfaced. 6. CONSENT AGENDA Commissioner Gillespie asked to pull items 6.II Police Annex Building formerly The Family Elder Law Building design, 6.IV Force Main Cleaning, and 6.VII Grant Agreement for the Lake Wales Housing Authority. Mayor Hilligoss pulled those items. Commissioner Thompson made a motion to approve the Consent Agenda except for items 6.II, 6.IV, and 6.VII. Deputy Mayor Gibson seconded the motion. by voice vote: Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Commissioner Williams "YES"  Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion approved 5-0. 6.I. Minutes - December 3 & 11 2024 6.II. Police Annex Building Formerly The Family Elder Law Building - Design [Begin Agenda Memo] SYNOPSIS: Parlier + Crews Architects, P.A. submitted a proposal for full architectural and engineering services for design at the Police Annex Building formerly the Family Elder Law Building at 122 E. Tillman Ave. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the Design Professional Fee Proposal with Parlier + Crews Architect, P.A. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND On August 29, 2024 the City of Lake Wales purchased the building at 122 E. Tillman Ave formerly known as the Family Elder Law Building. It is proposed that the Lake Wales Police Department will move several units there. In addition, several other areas have been identified to design for the Police Department including training room, several interview rooms, conference room and a storage room. Staff recommends the Commission take the following action, authorize the proposal by Parlier + Crews Architect, P.A. for $89,000.00 and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION Not approving the proposal with Parlier + Crews Architects, P.A. the building layout would remain as it is and would not be in the best form for use by the Police Department. FISCAL IMPACT A budget amendment $89,000.00 will be needed to pay for this building design. [End Agenda Memo] Commissioner Gillespie said this contract is a piggy-back agreement. She said there are inconsistencies in how the two parties are referenced throughout the document. She expressed concern about the portion that says either party can terminate at anytime. What happens to the work or payments? She detailed other concerns in the agreement. She asked for these issues to be addressed first. James Slaton, City Manager explained that this is a task order under a continuing services agreement approved a few years ago. Commissioner Gillespie asked to review the underlying agreement. Commissioner Thompson confirmed that this is a document drafted by Parlier Crews not the  for these issues to be addressed first. James Slaton, City Manager explained that this is a task order under a continuing services agreement approved a few years ago. Commissioner Gillespie asked to review the underlying agreement. Commissioner Thompson confirmed that this is a document drafted by Parlier Crews not the City. Mr. Slaton confirmed this. Mr. Slaton said we can table this until the Commission reviews the underlying agreement. Commissioner Thompson said he doesn't need to review the agreement. He has confidence in the Parlier Crews firm and their quality of work. The issues or inconsistencies are minor. Deputy Mayor Gibson said he has no concerns about it. He knows the people and we have used these agreements with out incident. He doesn't want Commissioner Gillespie or citizens to be uncomfortable with what we are doing. He is fine with satisfying Commissioner Gillespie. Mayor Hilligoss agreed with this. Mr. Slaton said we are not on a hard timeline with this project. Mayor Hilligoss made a motion to table this item. Commissioner Gillespie seconded the motion. by voice vote: Mayor Hilligoss "YES" Commissioner Gillespie "YES" Commissioner Thompson "NO" Commissioner Williams "YES" Deputy Mayor Gibson "YES" Motion passed 4-1 6.III. Eagle Ridge Mall Area Force Main Cleaning [Begin Agenda Memo] SYNOPSIS: Staff is recommending the approval to expend funds for $78,729.72 for the force main cleaning services provided by Professional Piping Services. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve the expenditure of funds for $78,729.72 for force main cleaning performed by Professional Piping Inc. BACKGROUND The Eagle Ridge Mall Force Main, which includes Chalet Suzanne, Dinner Lake, Lake Ashton and Harding Avenue, requires cleaning due to the distance this line has to travel to reach the wastewater treatment plant and the low flow conditions that exist during non- peak hours. Sediment such as sand, plastics, grease and paper tend to settle to the bottom of the pipe due to the low velocities of the liquid pushing the sediment. As a result, the force main could potentially clog, crippling the collections system for the service area. The method proposed for the cleaning of these sections of force main is called the progressive poly pig  Lake, Lake Ashton and Harding Avenue, requires cleaning due to the distance this line has to travel to reach the wastewater treatment plant and the low flow conditions that exist during non- peak hours. Sediment such as sand, plastics, grease and paper tend to settle to the bottom of the pipe due to the low velocities of the liquid pushing the sediment. As a result, the force main could potentially clog, crippling the collections system for the service area. The method proposed for the cleaning of these sections of force main is called the progressive poly pig procedure. Each time staff has gone out to bid for theses services, the amount of responsive bidders has been less each year. A piggyback agreement that had already been bided out by Manatee County is in force. In addition, Professional Piping Services (PPS) has performed this cleaning for the past several years. Staff has been satisfied with both the performance and the reports submitted, which are a required component of this contract. Staff is recommending the City Commission approve the expenditure of funds for $78,729.72 to Professional Pipping Inc. for the cleaning of the Eagle Ridge Mall area Force Main which include Chalet Suzanne, Dinner Lake, Lake Ashton and Harding Avenue. OTHER OPTION None. Without this required annual cleaning, the force main would become plugged and become inoperable. This in turn would cut off the sewer service for the businesses and subdivisions that are in the Eagle Ridge Mall Area. FISCAL IMPACT $225,000.00 is budgeted in the Wastewater Division’s FY ’24-‘25 M & R Lines and Mains Operating Budget for this purpose. [End Agenda Memo] 6.IV. Force Main Cleaning [Begin Agenda Memo] SYNOPSIS: Staff is recommending the approval to expend funds for $51,399.60 for the force main cleaning services provided by Professional Piping Services. RECOMMENDATION Staff recommends the City Commission consider taking the following action: Approve the expenditure of funds for $51,399.60 for force main cleaning performed by Professional Piping Inc. BACKGROUND The Southside force main requires cleaning on a periodic basis due to the distance this line must travel to reach the wastewater treatment plant, the low flow conditions, and the drastic topographical changes that exist in the south side force main service area. Sediment such as sand, plastics and paper tend to settle to the bottom of the pipe due to the low velocities of the liquid pushing the sediment. The method proposed for the cleaning of the force main is called the progressive poly pig procedure. Staff recommends the commission take the following action, approve staff to piggyback on the Manatee County Annual contract with Professional Piping Services and accept the price quote submitted by Professional Piping Services in the amount of $51,399.60 for the necessary cleaning of the force main. FISCAL IMPACT $225,000 was budgeted in the Wastewater Division’s FY ’24-‘25 M & R Lines and Mains operating budget for this purpose. OTHER OPTIONS None. Without this required annual cleaning, the force main would become plugged and become inoperable. This in turn would cut off the sewer service for the subdivisions being serviced by this forcemain. [End Agenda Memo] OTHER OPTIONS None. Without this required annual cleaning, the force main would become plugged and become inoperable. This in turn would cut off the sewer service for the subdivisions being serviced by this forcemain. [End Agenda Memo] Commissioner Gillespie expressed concern about the use of a piggyback agreement for the force main cleaning project. She questioned the relevance of the Manatee County contract in determining the cost for the Lake Wales project, given the potential differences in project scope and the length of the pipelines to be cleaned. She emphasized the need for clarity on how the Manatee County contract is being used to determine the pricing for the Lake Wales project, suggesting that it should primarily serve as a reference for pricing rates rather than the overall project cost. City Manager Slaton explained that the $51,399.60 is part of an ongoing maintenance and repair budget for force main cleaning. He clarified that piggyback agreements can be utilized when the scope of services is similar to that provided in another municipality, such as Manatee County. This allows the city to expedite the procurement process and potentially reduce costs. Mr. Slaton emphasized that this approach is permitted by both local ordinances and state statutes. Mayor Hilligoss confirmed the cost is a per foot charge not the length of the line. Mr. Slaton confirmed that it is a per unit cost. Deputy Mayor Gibson expressed confidence in the City Utilities Director and her explanation of the piggyback agreement during the previous work session. He emphasized the importance of Commissioner Gillespie understanding the issue before casting her vote, even if she ultimately decides to vote against it. Commissioner Thompson expressed frustration with the repeated questioning of piggyback agreements. He said that piggyback agreements are a common and efficient practice in government, saving both staff time and taxpayer money. He questioned the need to constantly re-examine the validity of this practice for every project. Commissioner Thompson emphasized the importance of trusting the staff and utilizing available resources to gain a thorough understanding of these issues. He also questioned the need to postpone the vote due to one commissioner's lack of understanding, suggesting that commissioners should utilize available resources and ask questions to gain a better understanding of the issues before voting. Commissioner Gillespie questioned the accuracy of the initial budget of $225,000 for force main cleaning, given that the actual quote came in at $51,399.60. Mr. Slaton clarified that the $225,000 figure represents the total annual budget allocated for force main cleaning and maintenance. This budget is not for a single project but covers multiple cleaning operations throughout the year. The actual cost of each project will vary depending on the scope of work required. Commissioner Thompson made a motion to approve this expenditure. Commissioner Williams seconded the motion. by voice vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES"  Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 6.V. Event Permit: Paint And Sip With The Lake Wales Arts Council [Begin Agenda Memo] SYNOPSIS This is a request from the City of Lake Wales, Lake Wales Family Recreation Center to host three Paint n Sip events with the Lake Wales Arts Council event on Saturdays January 25, March 8, and May 10, 2025. The event will include alcohol. RECOMMENDATION Staff recommends 1. That the City Commission approve the permit request to hold the Paint n Sip events with the Lake Wales Arts Council on Saturdays January 25, March 8, and May 10, 2025 from 4pm - 6pm. 2. That the City Commission approve the consumption of alcohol during the event. BACKGROUND The Lake Wales Family Recreation Center has applied to host a Paint n Sip with the Lake Wales Arts Council event at the Lake Wales Family Recreation Center, the former YMCA, on Saturdays January 25, March 8, and May 10, 2024 from 4:00 p.m. – 6:00 p.m. The event will include alcohol. The City Manager has waived the requirement for two off-duty officers. OTHER OPTIONS Do not approve the Special Event Permit. FISCAL IMPACT None. [End Agenda Memo] 6.VI. Special Event Permit Application Dr. Martin Luther King Jr. Celebration 2025 And Temporary Road Closings [Begin Agenda Memo] SYNOPSIS: Approval of the special event permit application will allow the Annual Dr. Martin Luther King Jr. Celebration to take place between Friday, January 17, 2025 and Monday, January 20, 2025 and allow the temporary street closings for the parade on January 20, 2025. RECOMMENDATION: It is recommended that the City Commission consider taking the following action: • Approve the special event permit application for the Dr. Martin Luther King Jr. Celebration to be held between Friday January 17, 2025 and Monday, January 20, 2025. • Approve the temporary street closings for the Dr. Martin Luther King Jr. Celebration and Parade to be held Monday, January 20, 2025. The parade will begin at 3:30 p.m. The time frame requested for the street closings for the parade is from 2:30 p.m. to 5:00 p.m. and for • Approve the special event permit application for the Dr. Martin Luther King Jr. Celebration to be held between Friday January 17, 2025 and Monday, January 20, 2025. • Approve the temporary street closings for the Dr. Martin Luther King Jr. Celebration and Parade to be held Monday, January 20, 2025. The parade will begin at 3:30 p.m. The time frame requested for the street closings for the parade is from 2:30 p.m. to 5:00 p.m. and for after parade activities on Lincoln Avenue from approximately 4:30 p.m. to 8:00 p.m. The streets involved will be Dr. Martin Luther King Jr. Boulevard, Dr. J.A. Wiltshire Avenue, E Street, Lincoln Avenue, A Street, First Street and Orange Avenue. • Approve the temporary closing of the city parking lots on Lincoln Avenue for vendors and/or parking. • Approve the request for the use of the James P. Austin Community Center at no cost on the following dates: Friday, January 17, 2025 for the Oratorical Contest and Talent Show, Monday, January 20, 2025 for the Legacy Breakfast and MLK Program prior to the parade. BACKGROUND: Mr. Narvell Peterson, President of the Dr. Martin Luther King Jr. Scholarship Fund of Lake Wales Inc. submitted a Special Event Permit application for the Annual Dr. Martin Luther King Jr. Celebration and Parade to take place beginning on Friday January 17, 2025 and ending on January 20, 2025. The celebration will include the following activities: Friday, January 17, 2025 6:30pm – Oratorical Contest at the Austin Center Saturday, January 18, 2025 9am – Unity Walk from Kiwanis Park to Stuart Park Monday, January 20, 2025 - Legacy Breakfast, MLK Program – Austin Center Monday, January 20, 2025 – MLK Parade, Pre-parade & after parade activities on Lincoln Avenue The special event permit application includes a request for the temporary closing of the following streets on Monday, January 20, 2025 for the Parade: Parade will line up at the Austin Center by 2:30 p.m. and will begin at 3:30 p.m. on Dr. Martin Luther King Jr. Boulevard, travel north to Dr. J.A. Wiltshire Avenue, turning left and continuing to E Street, turning right on E Street and continuing to Lincoln Avenue, traveling on Lincoln Avenue to A Street, turning right on A Street and continuing to Dr. J.A. Wiltshire Avenue. The parade will then turn left and continue to First Street and continuing on First Street until Park Avenue, turning west on Orange Avenue continuing until Dr. Martin Luther King Jr. Boulevard. At this point the parade will turn right on Dr. Martin Luther King Jr. Boulevard and continue to the Austin Center where the parade ends. After the parade the celebration will continue with food and craft vendors, music and entertainment along Lincoln Avenue and in the city parking lots along Lincoln Avenue. The activities are to conclude at approximately 8:00 p.m. The Dr. Martin Luther King Jr. Committee will be responsible for requiring the vendors to close promptly at 8:00 p.m. The committee will also be responsible for site set up, sanitary facilities and assisting with clean up after the event concludes.  activities are to conclude at approximately 8:00 p.m. The Dr. Martin Luther King Jr. Committee will be responsible for requiring the vendors to close promptly at 8:00 p.m. The committee will also be responsible for site set up, sanitary facilities and assisting with clean up after the event concludes. The Lake Wales Police Department and staff will be assisting with pedestrian traffic and vehicular traffic control for the parade, prior to the parade and for after parade activities. The Streets Division will be assisting with the street closings, setting out trash containers, trash clean up during the parade and the normal trash clean up on Tuesday. OTHER OPTIONS: Do not approve this event and road closings. FISCAL IMPACT: In-kind services for the City were budgeted for FY24/25 in the amount of $1992. The MLK Scholarship Fund of Lake Wales Inc. is responsible for 25% or $498. The fees for the James P. Austin Community Center would be waived providing that the City Commission approves this request. [End Agenda Memo] 6.VII. Grant Agreement For The Lake Wales Housing Authority [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of a grant for the Lake Wales Housing Authority, not to exceed $1,000,000, for the specific purpose of the development of Grove Manor Phase II for affordable housing purposes for qualifying households RECOMMENDATION It is recommended that the City Commission approve the Grant Agreement for the Lake Wales Housing Authority, not to exceed $1,000,000, for the specific purpose of the development of Grove Manor Phase II for affordable housing for qualifying households. It is also recommended that the City Commission authorize the City Manager to execute the agreement and other related documents. BACKGROUND On December 1, 2022, the City of Lake Wales provided verification that Grove Manor Phase II was part of a local revitalization plan. At that time the City committed to providing up to $1,000,000, if funds were available, to be used for the purposes of development of Grove Manor Phase II. Once completed, Grove Manor Phase II will provide affordable housing for qualifying households. OTHER OPTIONS Do not approve Grant Agreement. FISCAL IMPACT American Rescue Funds are to be the funding source. [End Agenda Memo] Commissioner Gillespie initially expressed concern about the lack of explicit legal representation for the Lake Wales Housing Authority in the Grove Manor redevelopment project, as they are a party to the contract. However, after clarification from James Slaton, City Manager, that the contract had undergone thorough review by both the city's legal counsel and outside special counsel, and that the Housing Authority was represented during previous negotiations, she withdrew her objections. The discussion emphasized the importance of rigorous legal review and the significance of this project for the community. Deputy Mayor Gibson said he does not want anything to slow this down with everything that we've been  contract. However, after clarification from James Slaton, City Manager, that the contract had undergone thorough review by both the city's legal counsel and outside special counsel, and that the Housing Authority was represented during previous negotiations, she withdrew her objections. The discussion emphasized the importance of rigorous legal review and the significance of this project for the community. Deputy Mayor Gibson said he does not want anything to slow this down with everything that we've been through. Deputy Mayor Gibson made a motion to approve this item. Commissioner Thompson seconded the motion. by voice vote: Deputy Mayor Gibson "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion approved 5-0. 6.VIII. Kirkland Gymnasium Floor Replacement [Begin Agenda Memo] SYNOPSIS: The City Commission will consider authorizing Athletic Resources, Inc. to replace the flooring at Kirkland Gymnasium. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Authorize staff to expend funds in the amount of $159,900 for the replacement of the floor at Kirkland Gymnasium. 2. Authorize the City Manager to execute the contract on behalf of the City. BACKGROUND The City Commission approved $150,000 in the FY’25 budget to replace the flooring at Kirkland Gymnasium. City Staff solicited proposals to have the flooring and subflooring replaced. Three (3) proposals were submitted; Athletic Resources, Inc., SSE & Associates, Inc., and Impact Sports Surfaces. Staff scoring the proposals. After ranking the submissions staff recommends moving forward with Athletic Resources, Inc. for the amount of $159,900. This project is funded through the American Rescue Plan Act (ARPA) and they are available funds to cover the additional $9,900. OTHER OPTIONS The City Commission may choose not to approve. FISCAL IMPACT Athletic Resources, Inc.’s proposal of $159,900 is $9,900 than the $150,000 budget appropriation, there is enough ARPA funding to cover the additional costs. [End Agenda Memo] 6.IX. Lease Agreement With The Bancorp Bank  FISCAL IMPACT Athletic Resources, Inc.’s proposal of $159,900 is $9,900 than the $150,000 budget appropriation, there is enough ARPA funding to cover the additional costs. [End Agenda Memo] 6.IX. Lease Agreement With The Bancorp Bank [Begin Agenda Memo] SYNOPSIS: Staff is requesting Commission approval to lease-purchase one (1) vehicle for the Horticulture Division through the City’s master lease agreement with The Bancorp Bank. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the sixty (60) month lease-purchase of the vehicles listed on the attached Schedule A’s from Mears Motor Leasing/The Bancorp. 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND As the City works to create a City in a Garden, there are plans for hundreds of trees to be planted in the coming years. The City Commission approved funds for the vehicle leasepurchases within the FY24/25 adopted budget. The proposed new vehicle is a 2024 Ford F-550 SD XL Regular Cab. The purpose of this vehicle is to serve as a water truck for the trees to help ensure their survival. This vehicle allows for one employee to both drive the vehicle and to operate the watering system. The Tree Advisory board endorses this purchase. Staff recommends the lease-purchase of these vehicles for the following reasons: • If these new vehicles were purchased outright under the Sourcewell Florida State contract, the total purchase price would be $99,240. Under the Bancorp Bank agreement, these vehicles can be financed at an annual cost of $23,041.56. An outright purchase would result in a current-year decrease in cash flow of $99,240 compared to $23,041.56. • As with all purchases, if the City were able to purchase items without the use of financing this would result in the lowest overall cost, but the greatest single annual cash flow decrease. All of the vehicles and equipment will be purchased under the Sourcewell Florida State contract. Purchases made from Sourcewell Florida State contract are exempted from the competitive sealed bid requirement outlined in our Purchasing Ordinance, Sec. 2-418, which allows the City to capitalize on economy of scale and reduces the timeline of acquisition. OTHER OPTIONS 1) An outright purchase would result in a current year decrease of cash flow of $99,240. FISCAL IMPACT If the City Commission approves the vehicle lease agreements, the City is committed to yearly lease payments totaling $99,240. [End Agenda Memo] 6.X. Ridgecrest Developer’s Credit Agreement – Utility Line Upsizing [Begin Agenda Memo] SYNOPSIS: Ridgecrest is an approved 1,020 single-family and townhome PDP located on approximately 312.7 acres of land south of Russel Avenue West, west of 1st. Street South, north of Hunt Brothers Road, and east of US Highway 27. Utility staff have requested that Ridgecrest upsize certain utility lines.  [Begin Agenda Memo] SYNOPSIS: Ridgecrest is an approved 1,020 single-family and townhome PDP located on approximately 312.7 acres of land south of Russel Avenue West, west of 1st. Street South, north of Hunt Brothers Road, and east of US Highway 27. Utility staff have requested that Ridgecrest upsize certain utility lines. RECOMMENDATION Staff Recommends that the Commission Approve the Ridgecrest Developers Credit Agreement and authorize the Mayor to execute the agreement. BACKGROUND Ridgecrest and the City entered into a Utilities Service Agreement on April 18, 2023. Section 5.2 of said agreement, authorizes the city to request Ridgecrest to upsize utility lines to accommodate planned uses of the city’s utility system. The city is authorized by City Code to offer a credit toward related impact fees for such construction. § 23-770. Developer contribution credit. a. The city may grant a credit against the impact fees imposed herein for: 1. The donation of land or equipment, or the construction of public facilities made pursuant to a development agreement approved in accordance with division 2 of this article. Such donation or construction shall not be site-related improvements and shall be subject to the approval of the city commission. Developer has provided an estimate for the cost difference. At time of construction, the cost will be reviewed and a final credit will be determined, not to exceed $300,000, per the attached Developer Credit agreement. OTHER OPTIONS Not require upsizing Have city contract the work FISCAL IMPACT Developer Credit reduces Water Impact fees at time home building permits are issued, not to exceed a total of $300,000. The city will still collect over $2 million dollars in Water Impact Fees if all homes are built. [End Agenda Memo] 7. OLD BUSINESS 7.I. ORDINANCE 2024-42 Amendment To Chapter 23, Zoning, Land Use, And Development Regulations - 2nd Reading & PUBLIC HEARING [Begin Agenda Memo] SYNOPSIS: Staff proposes an amendment to the Land Development Regulations. RECOMMENDATION Staff requests adoption by City Commission following a public hearing, as recommended by the Planning and Zoning Board on October 22, 2024, and as approved by City Commission at 1st Reading on November 19, 2024, to amend the following code section of the Land Development Regulations (Chapter 23, Lake Wales Code of Ordinances): ? - Section 23-372 pertaining to nonconforming uses, lots, and structures, so to allow residential uses, lots, and structures to keep their nonconforming conditions within the Core Improvement Area and Community Redevelopment Areas, exempting them from losing their legal nonconformity after the use has been discontinued or in case the structure is damaged more than 50 percent of its just market value. uses, lots, and structures to keep their nonconforming conditions within the Core Improvement Area and Community Redevelopment Areas, exempting them from losing their legal nonconformity after the use has been discontinued or in case the structure is damaged more than 50 percent of its just market value. BACKGROUND In order to encourage the redevelopment of vacant and blighted residential properties, and to encourage a mix of housing type opportunities within the core areas of Lake Wales, Staff proposed amendments to the City’s non-conforming regulations which may be inhibiting these efforts. Within the core areas of Lake Wales are a range of housing types, including single-family residential, duplexes, quadplexes, and multi-family. Since the time that many of those uses were established, City code has changed and land has been re-zoned so to limit housing within certain residential areas to single-family residential only. All additional housing types are now considered pre-existing legally non-conforming. Current code prohibits the re-establishment of any nonconforming non-residential use once that use has been discontinued for a year or more. Example: An existing quadplex within the R-1C zoning district, which was built to and conformed with the regulations at the time it was established, has been vacant for longer than one year. The setbacks are closer to two property lines than is allowed today, and quadplexes are no longer permitted in the R-1C. Since the time the property has been vacant, wear and tear of the building has caused it to become a blighted property within the neighborhood. A new owner or investor decides to buy the building, rehabilitate and re-occupy it with tenants. After contacting the City, the new owner learns that the quadplex cannot be re-established due to being vacant for longer than one year, even though the building is completely built out to occupy four tenants. They also learn that, because the structure itself is non-conforming (setbacks), a structural engineer must determine if the building is damaged beyond 50% of its just market value. If it is, the building must be demolished and re-built to today’s standards, and as a single-family home. In most cases, this leads to disinvestment into these properties, leaving them vacant as they continue to negatively impact the surrounding neighborhood. Proposed Code Improvements Staff recommends exempting properties within the Core Improvement Area and Community Redevelopment Areas from certain non-conforming regulations, as shown below. 23-372. - Nonconforming regulations. Discontinuation of a nonconforming use. If any nonconforming use of land ceases for any reason for a period of one year, no nonconforming use may be re-established on those premises, unless a time extension is granted by the planning board prior to the end of the one-year period. Improvements to the site to increase compliance with this chapter may be required as a condition of approval of an extension of time. Exempt from this requirement are single-family and two-family uses; multi-family uses within the Core Improvement Area and Community Redevelopment Areas are also exempt, provided the planning board Administrative Official finds that there is sufficient parking for the use. 23-372.3 Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: for the use. 23-372.3 Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. A nonconforming one-family or two-family structure may be expanded or changed provided the nonconformity is not increased. A special permit may be granted pursuant to section 23- 216 to allow an increase in the nonconformity of a one- or two-family structure only upon a finding that the proposed change is not detrimental to the neighborhood. b. No nonconforming structure other than a one-family or two-family structure may be enlarged or altered in a way which increases its nonconformity. c. Except for one- and two-family dwellings, and except for multi-family dwellings within the Core Improvement Area and Community Redevelopment Areas, a non-conforming structure that is destroyed or damaged by any means to any extent of more than 50 percent of its fair market value, shall not be reconstructed except in conformity with the provisions of this chapter. A non-conforming one- or two-family dwelling damaged by any means to any extent of more than 50 percent of its fair market value may be reconstructed, provided the building setback requirements are met or the administrative official finds that the proposed building setbacks are in keeping with those in the immediate neighborhood and are not less than five feet on the side and ten feet on the rear. d. Should such a structure be declared unsafe, it may be restored to a safe condition providing that such restoration does not constitute more than 50 percent of the structure's appraised fair market value. The fair market value of a sign shall be deemed as its replacement value. A nonconforming fence shall be removed if more than 50 percent of its length is declared unsafe or unsound. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-42 by title only. ORDINANCE 2024-42 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 23, ZONING, LAND USE AND DEVELOPMENT REGULATIONS AMENDING SECTION 23-372 NONCONFORMING REGULATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Gillespie made a motion to adopt ORDINANCE 2024-42 after 2nd reading and public hearing. Commissioner Thompson seconded the motion. by roll call vote: Commissioner Gillespie "YES"  by roll call vote: Commissioner Gillespie "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 8. NEW BUSINESS 8.I. ORDINANCE 2024-45 UHAUL Annexation - 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Contineo Group, LLC, on behalf of owners, Greg & Ayeshia Hendrix, is requesting approval of City Commission, for the Annexation of 4.14+/- acres of land, a Small-Scale Comprehensive Plan Map Amendment to assign 4.14+/- acres of land a Future Land Use designation of LCI Limited Commercial Industrial, and a Zoning Map Amendment to assign 4.14+/- acres of land a Zoning designation of LCI Limited Commercial Industrial. RECOMMENDATION: Staff supports approval City Commission for the Annexation, Future Land Use, and Zoning Map Amendments, as recommended by the Planning and Zoning Board at a regular meeting on November 26, finding that the property is within our Utility Service Area, and finding that the zoning and land use designations support the proposed development and are compatible with the surrounding area. At the same November 26 meeting, the Planning and Zoning Board approved a Major Site Plan for a U-HAUL Moving and Self-Storage Facility, contingent upon adoption of these ordinances by City Commission. BACKGROUND: History: The subject vacant property is located in unincorporated Polk County, east of US Highway 27 and adjacent to the Parc at Lake Wales multi-family development underway. Proposed Development: The Planning and Zoning Board approved the construction of one one-story 13,239SF building and loading dock, and one three-story 27,348SF (footprint – total GSF is 82,044) building. The site will operate as a self-storage facility, including U-Haul truck and trailer sharing. Comprehensive Plan Future Land Use Element: LCI Limited Commercial Industrial The primary function of the Limited Commercial-Industrial classification is to allow low traffic generating commercial and industrial uses fronting on major roadways that will not result in commercial strip development. Location criteria: This classification will be used along major roadways outside of Commercial Activity Centers (CACs) and Regional Activity Centers (RACs). Typical uses/intensity: auto dealerships, storage facilities, light manufacturing and assembly plants. Types of uses not appropriate to LCI areas are high traffic generating uses such as retail stores, gasoline stations, banks, and restaurants. Up to 200,000 GLA. Maximum FAR .60. Development criteria: Cross access easements shall be required. commercial strip development. Location criteria: This classification will be used along major roadways outside of Commercial Activity Centers (CACs) and Regional Activity Centers (RACs). Typical uses/intensity: auto dealerships, storage facilities, light manufacturing and assembly plants. Types of uses not appropriate to LCI areas are high traffic generating uses such as retail stores, gasoline stations, banks, and restaurants. Up to 200,000 GLA. Maximum FAR .60. Development criteria: Cross access easements shall be required. Zoning District Classifications LCI Limited Commercial-Industrial district. This district is designed to permit a mix of commercial and industrial uses. Staff Findings: 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The proposed map amendments are compatible with the Comprehensive Plan and Land Development Regulations. 3. The area is infill in nature and may potentially serve the new residential units underway to the east. 4. Approval of the Major Site Plan by Planning and Zoning Board shall be contingent upon adoption of the annexation and map amendments by City Commission. FISCAL IMPACT Approval of the site plan would allow for the development of the site and may increase property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-45 by title only. ORDINANCE 2024-45 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 4+/- ACRES OF LAND EAST OF HIGHWAY 27 AND CONTIGUOUS TO THE INCORPORATED TERRITORY OF THE CITY OF LAKE WALES, AS SHOWN ON ATTACHMENT “A” AND SPECIFICALLY DESCRIBED HEREIN; GIVING THE CITY OF LAKE WALES JURISDICTION OVER THE LAND ANNEXED; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Deputy Mayor Gibson made a motion to approve ORDINANCE 2024-45 after 1st reading and public hearing. Commissioner Thompson seconded the motion. by roll call vote: Deputy Mayor Gibson "YES"  by roll call vote: Deputy Mayor Gibson "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion approved 5-0. 8.II. ORDINANCE 2024-46 UHAUL Land Use - 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Contineo Group, LLC, on behalf of owners, Greg & Ayeshia Hendrix, is requesting approval of City Commission, for the Annexation of 4.14+/- acres of land, a Small-Scale Comprehensive Plan Map Amendment to assign 4.14+/- acres of land a Future Land Use designation of LCI Limited Commercial Industrial, and a Zoning Map Amendment to assign 4.14+/- acres of land a Zoning designation of LCI Limited Commercial Industrial. RECOMMENDATION: Staff supports approval City Commission for the Annexation, Future Land Use, and Zoning Map Amendments, as recommended by the Planning and Zoning Board at a regular meeting on November 26, finding that the property is within our Utility Service Area, and finding that the zoning and land use designations support the proposed development and are compatible with the surrounding area. At the same November 26 meeting, the Planning and Zoning Board approved a Major Site Plan for a U-HAUL Moving and Self-Storage Facility, contingent upon adoption of these ordinances by City Commission. BACKGROUND: History: The subject vacant property is located in unincorporated Polk County, east of US Highway 27 and adjacent to the Parc at Lake Wales multi-family development underway. Proposed Development: The Planning and Zoning Board approved the construction of one one-story 13,239SF building and loading dock, and one three-story 27,348SF (footprint – total GSF is 82,044) building. The site will operate as a self-storage facility, including U-Haul truck and trailer sharing. Comprehensive Plan Future Land Use Element: LCI Limited Commercial Industrial The primary function of the Limited Commercial-Industrial classification is to allow low traffic generating commercial and industrial uses fronting on major roadways that will not result in commercial strip development. Location criteria: This classification will be used along major roadways outside of Commercial Activity Centers (CACs) and Regional Activity Centers (RACs). Typical uses/intensity: auto dealerships, storage facilities, light manufacturing and assembly plants. Types of uses not appropriate to LCI areas are high traffic generating uses such as retail stores, gasoline stations, banks, and restaurants. Up to 200,000 GLA. Maximum FAR .60. Development criteria: Cross access easements shall be required. roadways outside of Commercial Activity Centers (CACs) and Regional Activity Centers (RACs). Typical uses/intensity: auto dealerships, storage facilities, light manufacturing and assembly plants. Types of uses not appropriate to LCI areas are high traffic generating uses such as retail stores, gasoline stations, banks, and restaurants. Up to 200,000 GLA. Maximum FAR .60. Development criteria: Cross access easements shall be required. Zoning District Classifications LCI Limited Commercial-Industrial district. This district is designed to permit a mix of commercial and industrial uses. Staff Findings: 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The proposed map amendments are compatible with the Comprehensive Plan and Land Development Regulations. 3. The area is infill in nature and may potentially serve the new residential units underway to the east. 4. Approval of the Major Site Plan by Planning and Zoning Board shall be contingent upon adoption of the annexation and map amendments by City Commission. FISCAL IMPACT Approval of the site plan would allow for the development of the site and may increase property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-46 by title only. ORDINANCE 2024-46 AN ORDINANCE OF THE CITY OF LAKE WALES, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATIONS ON APPROXIMATELY 4+/- ACRES OF LAND EAST OF HIGHWAY 27 FROM COUNTY DESIGNATIONS LCC LINEAR COMMERCIAL CORRIDOR, TO CITY OF LAKE WALES DESIGNATION LCI LIMITED COMMERCIAL INDUSTRIAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Deputy Mayor Gibson made a motion to approve ORDINANCE 2024-46 after 1st reading and public hearing. Commissioner Thompson seconded the motion. by roll call vote: Deputy Mayor Gibson "YES" Commissioner Thompson "YES"  by roll call vote: Deputy Mayor Gibson "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion approved 5-0. 8.III. ORDINANCE 2024-47 UHAUL Zoning - 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Contineo Group, LLC, on behalf of owners, Greg & Ayeshia Hendrix, is requesting approval of City Commission, for the Annexation of 4.14+/- acres of land, a Small-Scale Comprehensive Plan Map Amendment to assign 4.14+/- acres of land a Future Land Use designation of LCI Limited Commercial Industrial, and a Zoning Map Amendment to assign 4.14+/- acres of land a Zoning designation of LCI Limited Commercial Industrial. RECOMMENDATION: Staff supports approval City Commission for the Annexation, Future Land Use, and Zoning Map Amendments, as recommended by the Planning and Zoning Board at a regular meeting on November 26, finding that the property is within our Utility Service Area, and finding that the zoning and land use designations support the proposed development and are compatible with the surrounding area. At the same November 26 meeting, the Planning and Zoning Board approved a Major Site Plan for a U-HAUL Moving and Self-Storage Facility, contingent upon adoption of these ordinances by City Commission. BACKGROUND: History: The subject vacant property is located in unincorporated Polk County, east of US Highway 27 and adjacent to the Parc at Lake Wales multi-family development underway. Proposed Development: The Planning and Zoning Board approved the construction of one one-story 13,239SF building and loading dock, and one three-story 27,348SF (footprint – total GSF is 82,044) building. The site will operate as a self-storage facility, including U-Haul truck and trailer sharing. Comprehensive Plan Future Land Use Element: LCI Limited Commercial Industrial The primary function of the Limited Commercial-Industrial classification is to allow low traffic generating commercial and industrial uses fronting on major roadways that will not result in commercial strip development. Location criteria: This classification will be used along major roadways outside of Commercial Activity Centers (CACs) and Regional Activity Centers (RACs). Typical uses/intensity: auto dealerships, storage facilities, light manufacturing and assembly plants. Types of uses not appropriate to LCI areas are high traffic generating uses such as retail stores, gasoline stations, banks, and restaurants. Up to 200,000 GLA. Maximum FAR .60. Development criteria: Cross access easements shall be required. Zoning District Classifications Typical uses/intensity: auto dealerships, storage facilities, light manufacturing and assembly plants. Types of uses not appropriate to LCI areas are high traffic generating uses such as retail stores, gasoline stations, banks, and restaurants. Up to 200,000 GLA. Maximum FAR .60. Development criteria: Cross access easements shall be required. Zoning District Classifications LCI Limited Commercial-Industrial district. This district is designed to permit a mix of commercial and industrial uses. Staff Findings: 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The proposed map amendments are compatible with the Comprehensive Plan and Land Development Regulations. 3. The area is infill in nature and may potentially serve the new residential units underway to the east. 4. Approval of the Major Site Plan by Planning and Zoning Board shall be contingent upon adoption of the annexation and map amendments by City Commission. FISCAL IMPACT Approval of the site plan would allow for the development of the site and may increase property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-47 by title only. ORDINANCE 2024-47 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO ASSIGN ZONING DESIGNATIONS ON APPROXIMATELY 4+/- ACRES OF LAND EAST OF HIGHWAY 27, FROM COUNTY DESIGNATIONS LCC LIMITED COMMERCIAL CORRIDOR, TO CITY OF LAKE WALES DESIGNATION LCI LIMITED COMMERCIAL INDUSTRIAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Deputy Mayor Gibson made a motion to approve ORDINANCE 2024-47 after 1st reading and public hearing. Commissioner Thompson seconded the motion. by roll call vote: Deputy Mayor Gibson "YES" Commissioner Thompson "YES" Commissioner Williams "YES"  Deputy Mayor Gibson "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion approved 5-0. 9. CITY ATTORNEY Albert Galloway., Jr., City Attorney, said that tomorrow, the closing on the property that will serve as the future site of the new fire station is scheduled to be finalized, officially transferring ownership of the land to the City of Lake Wales. Mr. Galloway provided an overview of the Live Local Act, highlighting its preemptive nature and potential impact on local land use regulations. The Act preempts local zoning ordinances, allowing developers to bypass certain local regulations if specific conditions are met, including the inclusion of a certain percentage of affordable housing units. This legislation requires administrative approval of projects that meet these criteria, bypassing traditional planning and zoning board review. Mr. Galloway expressed concerns about the Act's potential impact on local planning and development decisions, citing the example of Pasco County, where the Act could significantly impact existing development plans. He noted the potential for legal challenges to the Act's constitutionality and suggested that the city may consider supporting legal challenges initiated by other municipalities. Commissioner Thompson expressed concern about the increasing overreach of state legislation, particularly the Live Local Act, which he believes undermines local control and autonomy. He argued that one-size-fits- all legislation from Tallahassee cannot effectively address the unique needs and challenges of individual municipalities. He emphasized the importance of local governments having the authority to make decisions that best suit their specific needs and circumstances. Commissioner Thompson encouraged citizens to actively engage with their state representatives to express their concerns about this trend and advocate for greater local control. 10. CITY MANAGER James Slaton, City Manager, reported on several positive developments: l Trail Grant: The city received a $282,000 grant from the state of Florida's Recreational Trails Program to fund the construction of the Tower Boulevard trail connecting to the Lake Wailes Trail and the Pine Ridge Trail. l Friedlander Property Acquisition: The county has agreed to fund the acquisition of 749 acres of land for the Big Green Network. l Tree City USA Designation: The city has been designated as a Tree City USA by the Arbor Day Foundation, recognizing the city's commitment to urban forestry. l Optimism for 2025: The City Manager expressed optimism for a productive and prosperous 2025, indicating that the city is well-positioned for continued growth and development. Commissioner Gillespie asked if all the ARPA funds have been obligated. Mr. Slaton said that as of tonight, yes. 10.I. Commission Meeting Calendar James Slaton, City Manager, said this is the last meeting for 2024. Next meeting is January 7, 2025. 11. CITY COMMISSION COMMENTS  10.I. Commission Meeting Calendar James Slaton, City Manager, said this is the last meeting for 2024. Next meeting is January 7, 2025. 11. CITY COMMISSION COMMENTS Commissioner Gillespie brought up a Ms. Zwaryczuk’s question about paving Tillman Avenue. James Slaton, City Manager, acknowledged the concern and explained that the city has a six-year plan for road resurfacing, developed with the assistance of a consultant. This plan prioritizes road repairs based on their condition, with the goal of addressing the most critical needs first. While he couldn't immediately confirm the exact timeline for Tillman Avenue's resurfacing, he promised to investigate its position on the current schedule and provide an update to the commission. Deputy Mayor Gibson said the west side Tillman, which goes on both sides of the railroad tracks, on the west side its paved. He hopes the whole street will be paved. Commissioner Gillespie referenced the concern from Ms. Richards about the traffic going too fast and endangering children who are waiting for the school buses. James Slaton, City Manager, said that he made a note, that area is not City but we're going to reach out and relay that to our friends at the sheriff's office. Commissioner Gillespie referenced Ms. Wynkoop’s concern about the missing traffic light at the intersection of Martin Luther King Boulevard and Central Avenue. She believes that a traffic light is necessary at this location due to the high volume of traffic. She also acknowledged Ms. Wynkoop's concern about the need for a traffic circle at the intersection of Burns Avenue and Scenic Highway, suggesting that this issue should also be considered. Commissioner Williams commended the hard work of City staff in 2024 and looks forward to doing great works in 2025. Commissioner Thompson expressed his appreciation for the city staff's accomplishments in 2024. He acknowledged the challenges faced during the downtown redevelopment project and the impact on traffic flow. He suggested that the city should further investigate solutions to improve traffic flow after parades, OBR and other large events. Finally, he extended his holiday greetings to the community. Deputy Mayor Gibson expressed his enthusiasm for the success of the "Make it Magical" event, highlighting the successful utilization of the downtown plaza for community gatherings. He acknowledged the significant role played by Main Street in organizing the event, but also emphasized the city's contribution through the $12 million investment in downtown revitalization. He praised the city staff for their hard work and dedication, noting that 2024 has been a year of significant achievement for the city. He expressed optimism for an even more successful 2025, stating that it has the potential to surpass the achievements of the previous year. 12. MAYOR COMMENTS Mayor Hilligoss expressed his enthusiasm for the success of the "Make it Magical" event, highlighting the positive feedback he received from attendees. He emphasized that this event demonstrated the potential of the revitalized downtown area and the fulfillment of the city's vision for the area. He acknowledged the challenges faced in bringing this vision to fruition and commended those involved for their persistence and dedication. Mayor Hilligoss also acknowledged the city's recent achievements, including the receipt of a grant for the Tower Boulevard trail and the prestigious Planning Award from the Heartland Chapter of the American Planning Association for the city's economic development plan. He encouraged the city staff to continue their excellent work and strive for further accomplishments. 13. ADJOURNMENT The meeting was adjourned at 7:13 p.m. _______________________ Mayor  The meeting was adjourned at 7:13 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk