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City Commission Workshop Meeting

Regular Meeting

Lake Wales, FL · May 26, 2021

AgendaMinutes

Minutes

City Commission Work Shop Meeting minutes May 26, 2021 (Approved) 5/26/2021 - Minutes 1. CALL TO ORDER & ROLL CALL Commissioners Present: Terrye Howell, Daniel Williams, Kris Fitzgerald, Robin Gibson, Mayor Fultz Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert Galloway, Jr., City Attorney Mayor Fultz called the meeting to order at 3:00 p.m. 2. City Manager Comments James Slaton, City Manager, said we are working on setting up the joint meeting between the CRA and the Housing Authority. Mr. Slaton said the current State of Emergency will expire on June 7th and staff is not recommending renewal. Deputy Mayor Gibson recommended that we rescind our mask ordinance. Albert Galloway, Jr., City Attorney, said it wasn't necessary as the Governor's Executive Order supersedes it but the commission can rescind it just to be cleaner. Mayor Fultz said that we should rescind it. Deputy Mayor Gibson agreed because it was a statement of policy. We never enforced it and average cases are now under 5%. This shows we are control of our policy. Mr. Galloway said he will prepare an ordinance. Commissioner Howell asked if we can have to abide by the Governor's executive order. Mr. Galloway said yes. Deputy Mayor Gibson said we have to take it off our books. Albert Galloway, Jr., City Attorney, said he has heard from Mr. Kebabjin's attorney. He has submitted an outline for a settlement discussion. This is one occasion where a shade meeting is allowed. He reviewed shade meeting procedures. It will take 30 minutes. He requested we do this next Tuesday during the Commission Meeting. 3. Presentation - FCCMA Senior Advisors James Slaton, City Manager, introduced Pam Brangaccio and George Forbes who are senior advisors with the Florida City and County Managers Association (FCCMA) who survived successful City Manager careers. They are here to explain the Council-Manager form of government as orientation for the new commissioners. Pam Brangaccio gave some of her background and career history. She explained what her and George's role is as Senior Advisors with FCCMA are. She gave some history of how the council-manager form of government got started. Commission members absorb the public political blows while someone professional handles the day to day administration. Hiring is merit based. The City of Lake Wales became a council - manager form of government in 1953. She reviewed the responsibilities identified in our charter and code of ordinances. The Mayor and Commission share the responsibility of setting policy, approving budgets and millage rates, and other identified responsibilities. The Commissioners get a lot of the public complaints. The City Manager brings forth the ideas to the Commission with pros and cons and options. The City Manager has certain purchasing powers but the Commission sets those limits. The City Manager provides updates on Commission priorities from time to time. The Commission should set goals and priorities for the City Manager and evaluate accordingly. These must be things the Manager can actually accomplish. The City Manager should be non-political according to the City Manager Code of Ethics. Communication is important. Commission and Manager should discuss priorities at least once a year. Brangaccio recommended the new Commissioners attend the Institute of Municipal Elected Officials at the earliest possible opportunity. A lot is covered over 2-3 days. She reviewed the various topics covered. George Forbes shared some of his background. He encouraged all the commissioners to read through the City Manager and evaluate accordingly. These must be things the Manager can actually accomplish. The City Manager should be non-political according to the City Manager Code of Ethics. Communication is important. Commission and Manager should discuss priorities at least once a year. Brangaccio recommended the new Commissioners attend the Institute of Municipal Elected Officials at the earliest possible opportunity. A lot is covered over 2-3 days. She reviewed the various topics covered. George Forbes shared some of his background. He encouraged all the commissioners to read through the City's Charter. He explained that the Commission hires the Manager. If the Manager does not perform to expectations then they fire that person and hire another. Mr. Forbes said the Constitution is the Federal Charter. He explained federalism and that some powers are delegated to the states. He then explained about home rule and that some responsibilities are delegated to local government. If local government is working well then no one thinks about it. A Community's leaders are important. They earn the trust of the public. Trustworthiness is important. The mission of the City is important more that one person. The City needs a vision. The citizens are always watching their leaders. Mr. Forbes reviewed ethics and guiding principles for leadership. Citizens need to be involved from the beginning on major issues. He shared some examples of difficult issues during his career. He encouraged the Commission to admit to mistakes. People respect this. The City should just keep putting the truth out there. Mr. Forbes then explained what the expectations should be between the City Manager and the Commission. Communication is important. Respect both ways is important. He encouraged the Commissioners to read the agenda packets for the meetings. The Commissioners should stay out of the day-to-day operations of the City. Pam Brangaccio said when hurtful things are said apologies can go a long way. Things can get tense at times. George Forbes said the City Manager should not manipulate the commission by hiding information or paint them into a corner. Pros and Cons of different decisions should be discussed. This should be a partnership. Each should stay in their lane. Ms. Brangaccio encouraged respect of the members of the respective deciding boards such as Planning and Zoning. Deputy Mayor Gibson said that this is the best advice he's heard. He said that in our country the people are sovereign or ultimate authority. This was discussed. Mayor Fultz thanked them for the presentation. 4. Comprehensive Annual Financial Report, For Fiscal Year Ended September 30, 2020 [Begin Agenda memo] SYNOPSIS: Comprehensive Annual Financial Report for fiscal year ended September 30, 2020. STAFF RECOMMENDATION: Staff recommends the City Commission accept the Comprehensive Annual Financial Report for fiscal year ended September 30, 2020 and independent auditors’ report as presented. BACKGROUND: In the independent auditors’ report for the fiscal year ending September 30, 2020, 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, 2020, 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. 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 $60,465,864 (net position). As of September 30, 2020, the City reports an unrestricted net position ended in conformity with accounting principles generally accepted in the United States of America. 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 $60,465,864 (net position). As of September 30, 2020, the City reports an unrestricted net position of $2,812,070 as compared to $2,920,779 in the prior year. • The City’s total net position increased by $3,635,409. The governmental activities and business- type activities increased their net positions by 5% and 7%, respectively. • As of the close of the current fiscal year, the City’s governmental funds reported combined ending fund balances of $9,269,067; an increase of $1,100,794 for the year. Approximately 39% of total fund balance is available for spending at the government’s discretion (unassigned) compared to 40% in the prior year. [End Agenda Memo] 5. Annual Contract For Force Main Cleaning Services [Begin Agenda Memo] SYNOPSIS: Staff is recommending the commission consider approving the piggyback agreement and 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 entering into a piggyback agreement with Professional Pipping Services for force main cleaning. 2. Approve the expenditure of funds for $78,729.72 for force main cleaning to be performed by Professional Piping Inc. BACKGROUND The Eagle Ridge Mall Force main and the Southside Force main requires annual cleaning due to the distance this line has to travel to reach the wastewater treatment plant and the low flow conditions that exist due to the lack of development in this 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 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. This year staff chose to piggyback on an agreement that had already been bided out by Manatee County. Professional Pipping Services was awarded the contract. In addition, Professional Piping Services (PPS) has performed this cleaning for the past several years. Staff had previously piggybacked the Pinellas County contract. This contract has expired and Staff is seeking to piggyback on the Manatee County Contract for the same services. 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 signing of the piggyback agreement with Professional Pipping Services, and approve the expenditure of funds in the amount of $78,728.72. OTHER OPTION None. Without this required annual cleaning, the force main would become plugged and the signing of the piggyback agreement with Professional Pipping Services, and approve the expenditure of funds in the amount of $78,728.72. 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 subdivisions being serviced north of the city center. [End Agenda Memo] 6. Force Main Extension With Septic To Sewer Conversion Amendment 1 [Begin Agenda Memo] SYNOPSIS: Kimley Horne and Associates Engineering services will design the force main extension with a septic to sewer conversion for a neighborhood that is within the city limit along with the extension of a new force main on South Scenic Highway for an additional fee of $52,000.00. RECOMMENDATION It is recommended that Commission take the following action: 1. Approve Engineering services with Kimley Horn and Associates Engineering through the utilization of Amendment 1 in the amount of $52,000.00 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The City of Lake Wales requested Kimley-Horn and Associates, Inc. to prepare construction plans and specifications to extend a force main, design a new pump station, and bring sanitary sewer to an unsewered area within the City limits of Lake Wales. The new force main will continue northerly along Buck Moore Road past the Sunset Drive and Buck Moore Road intersection and connect to a new pump station per the attached conceptual site plan. The exact size of the line has not yet been determined, but it is anticipated to extend approximately 5440 LF of 6” force main and approximately 870 LF of new 8” force main with the point of connection being the existing 12” force main at Sunset Point Drive and Buck Moore Road. It is the intention of the City to extend gravity sewer up these two roads and connect to the new pump station. The gravity system is anticipated to be approximately 2000 LF of new 8” gravity sewer line with manholes as required. The new sewer mains would be extended down the middle of the roadway or to one side of the roadway within the grassed area if right-of-way exists. The Commission at its April 7, 2021 city commission meeting, the Commission approved entering into an agreement with Kimley Horn and Associates to begin design on the project referenced above. Staff saw an additional opportunity to include additional area for design consideration that had not been previously included in the original task order. To include this additional area for design it will be an additional amount of $52,000.00. The additional design area will include the extension of a new force main to be installed in the right-of-way of South Scenic Highway, for extension to Winston or Grove Avenue with a septic conversion component for residents that currently reside inside the city limits in that particular service area. Staff recommends the Commission take the following action, approve amendment for the additional design area, to be performed Kimley Horn and Associates for $52,000.00, and to authorize the City Manager to execute the appropriate documents, on the City’s behalf. OTHER OPTIONS The Commission could chooses not to approve the contract listed above, in turn putting the septic area, to be performed Kimley Horn and Associates for $52,000.00, and to authorize the City Manager to execute the appropriate documents, on the City’s behalf. OTHER OPTIONS The Commission could chooses not to approve the contract listed above, in turn putting the septic to sewer conversion off to a later time and delay further expansion of the City’s sewer system. FISCAL IMPACT 2020-2021 Capital Improvements Plan has budgeted $1,400,000 for engineering and construction costs. [End Agenda Memo] 7. Lake Wales Wastewater Treatment Plant Operating Permit Renewal [Begin Agenda Memo] SYNOPSIS: Staff recommends entering to into an agreement with Kimley Horne & Associates for engineering services related to the renewal of the wastewater treatment plant permit for $33,550.00. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Accept the consulting services authorization from Kimley Horne & Associates for $33,550.00 to provide all engineering services related to the renewal and re-rating of the operating permit for the wastewater treatment plant. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND Domestic wastewater, commonly referred to as sanitary wastewater or sewage, is wastewater derived principally from dwellings, business buildings, institutions, and the like. In an effort to protect both surface and ground waters, the Florida Department of Environmental Protection (“FDEP”) requires that discharges of both domestic and industrial wastewater be permitted and monitored. Any wastewater facility proposing to discharge wastewater to surface or ground waters or into the distribution system for irrigation, must demonstrate to the DEP that all required minimum levels of treatment will be provided and that all water quality standards will be met. If this demonstration is made, the FDEP will issue a permit to the wastewater facility, which will include conditions for monitoring the discharge, as well as conditions for reporting the monitoring results (Discharge Monitoring Reports). The permit the City currently holds is set to expire April 19, 2022. The current permit period was from April 20, 2017 to April 19, 2022. FDEP suggests that the renewal process can begin as early as a year from permit expiration, but in no instance shall start the renewal process no less than six months prior to permit expiration. Staff recommends the commission authorize the approval to enter into a contract with Kimley Horne & Associates in the amount of 33,550.00 to provide and perform analysis that staff is not equipped to perform for the renewal and rerating of this permit, and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION None. A permit is required by FDEP for the operation of the wastewater treatment plant. Staff is not equipped to perform all the necessary components for the renewal and re-rating of this permit. FISCAL IMPACT None. A permit is required by FDEP for the operation of the wastewater treatment plant. Staff is not equipped to perform all the necessary components for the renewal and re-rating of this permit. FISCAL IMPACT $33,550.00 will be placed in the Wastewater Division’s FY ’20-‘21 budget for this purpose. [End Agenda Memo] 8. Wastewater Manhole Rehabilitation [Begin Agenda Memo] SYNOPSIS: Staff recommends the City Commission approve Engineered Sprayed Solutions, LLC to epoxy coat ten manholes using polyurethane coating method. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve Engineered Sprayed Solutions, LLC to complete manhole rehabilitation on ten manholes using polyurethane coating method for $64,876.00. 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. The collection system is connected by a series of manholes which aid in the transportation of the collected waste to the wastewater treatment plant for processing. Due to the corrosive nature of raw sewage gases, it becomes necessary to perform periodic maintenance on these manholes to ensure they continue to function as intended. On July 7, 2020, the Commission approved piggybacking Sarasota’s contract with Engineered Sprayed Solutions, LLC for manhole and structure rehabilitation. Engineered Sprayed Solutions, LLC will spray coat ten manholes with epoxy. Staff recommends the commission authorize the expenditure of funds for $64,876.00 to complete the ten manholes with epoxy coating by the polyurethane coating method. 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 $65,000.00 for manhole rehabilitation in the FY 21’-22’. [End Agenda Memo] 9. Park Water Company Purchase Amendment 1 To Loan Agreement DW530390 [Begin Agenda Memo] SYNOPSIS: The Purchase of Park Water Company is now completed and the State Revolving Loan Fund 9. Park Water Company Purchase Amendment 1 To Loan Agreement DW530390 [Begin Agenda Memo] SYNOPSIS: The Purchase of Park Water Company is now completed and the State Revolving Loan Fund (SRF) agreement DW530390 has to be closed out. Amendment 1 to loan agreement DW530390 finalizes the loan proceeds taken for the purchase. RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve Amendment 1 to Loan Agreement DW530390 for the purchase of Park Water Company for a total amount of $5,077,503.68. 2. Authorize the Mayor to execute the appropriate documents, on the City’s behalf. BACKGROUND The Commission, at its October 20, 2020 city commission meeting approved submitting an application to acquire the necessary funding from the State Revolving Loan Fund for the purchase of Park Water Company. The purchase of Park Water Company was completed on February 18, 2021. The State Revolving Loan Fund Agency has submitted the appropriate documents for the final close out of the purchase. The final amount received from SRF was $5,077,503.68. This amount consisted of $4,977,503.68 for purchase and $100,000 for capitalized interest and fees. Staff recommends the commission authorize Amendment 1 to SRF contract DW530390, and authorize the Mayor to execute the appropriate documents associated with the close out of agreement DW530390. FISCAL IMPACT Agreement DW530390 Amendment 1 finalizes the funds the City received from SRF for the purchase of Park Water Company. The semiannual payment amounts to $139,816.47 for a term of 20 years (40 payments). OTHER OPTIONS None. [End Agenda memo] 10. Ordinance 2021-11, 1st Reading [Begin Agenda Memo] SYNOPSIS: The City Commission will consider Ordinance 2021-11 amending the Lake Wales Code of Ordinances, Chapter 21, Section 21-27. – Connection to Sewer System and Section 21- 71 Connection to Water System. RECOMMENDATION Staff recommends that the City Commission approve the following action: 1. Approval of Ordinance 2021-11 after first reading. BACKROUND Construction is on the rise and the City limits continue to expand as the Commission approves requests for annexations. This amendment is necessary to ensure that developers connect to the City’s utilities system. Current provisions call for connection to be made if public utilities are within a ¼ mile, however, this has caused the potential for inside City limit BACKROUND Construction is on the rise and the City limits continue to expand as the Commission approves requests for annexations. This amendment is necessary to ensure that developers connect to the City’s utilities system. Current provisions call for connection to be made if public utilities are within a ¼ mile, however, this has caused the potential for inside City limit residential developments to develop without public access. Due to the minimal distance requirement, development continues to prosper and the possibility for septic tank installations increase placing the cost of sewer maintenance on the homeowner. Requiring land developers to connect to the sewer system enables the City to expand its sewer system and make public access sewer available to new development and existing water only customers. In an effort to be consistent with the distance requirement for connecting to the public utility system staff has elected to amend the distance requirement for connection to the water system. Distance for both water and sewer connection availability will now reflect one mile (five thousand two hundred and eighty (5,280) feet) of an existing public utility. Staff recommends the commission approve Ordinance 2021-11 an ordinance of the City of Lake Wales, Polk County, Florida, amending Lake Wales code of ordinances Chapter 21 Utilities, Section 21-27 and 21-71 amending the Connection to Sewer System and Connection to Water System; providing for severability; providing for an effective date. FISCAL IMPACT No fiscal impact. The land developer will incur the cost of extending the sewer system. OTHER OPTIONS Do not approve Ordinance 2021-11. The city would continue to expand and the number of septic systems within our city limits will continue to increase posing a hazard to our precious water source. [End Agenda Memo] 11. Edward Byrne Memorial State And Local Law Enforcement Assistance Grant [Begin Agenda Memo] Synopsis: Approval of this item will allow the police department to apply for and receive grant funding then purchase a mobile electronic variable message board in FY20/21. Recommendation: Staff recommends that the Honorable Mayor and the City Commission authorize the Police Department to accept funding through the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant, then purchase a mobile electronic variable message board from All Traffic Solutions using GSA contract pricing. Background: Since 1999, the Police Department has received funding from the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant Program. Since that time, the department has utilized this funding to create numerous community programs as well as purchase needed equipment to enhance public safety. This year the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant award amount is $12,800.00 and if approved would be included in the 2021/2022 budget. The Lake Wales Police Department proposes to purchase a variable message display board to provide vital information to residents and area visitors. This system will be portable and easily moved using a standard vehicle mounted trailer hitch. Variable message boards are vital pieces of equipment for highway safety projects or when redirecting traffic. They alert motorists regarding changes in traffic patterns, where to park for special events and other important information the police department may need to convey quickly. They also provide crucial safety benefits when used in The Lake Wales Police Department proposes to purchase a variable message display board to provide vital information to residents and area visitors. This system will be portable and easily moved using a standard vehicle mounted trailer hitch. Variable message boards are vital pieces of equipment for highway safety projects or when redirecting traffic. They alert motorists regarding changes in traffic patterns, where to park for special events and other important information the police department may need to convey quickly. They also provide crucial safety benefits when used in construction zones or other areas with potential hazards. The proposed budget of the Lake Wales Community Safety Program includes: $11,882.79 - One (1) variable message display board. This package will include all, hardware, software, accessories, licensing, shipping and training. $917.21 - Spare trailer hitches, police department graphics and traffic cones. Matching funds are not required for this project. Other Options: The Commission may choose not to authorize application for and accept the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant or purchase this equipment. Fiscal Impacts: The Finance Department has reviewed this application and attached a fiscal impact statement. There are no reoccurring costs other than general maintenance and repair when needed. [End Agenda Memo] James Slaton, City Manager, reviewed this item. Mayor Fultz said the Police Department has gotten several of these grants in the past for much needed equipment. Mr. Slaton said we currently have only one message board and could use several more. 12. Ordinance 2021-09 Zoning Amendment – Chapter 23 Zoning, Land Use And Development – 2nd Reading - PUBLIC HEARING [Begin Agenda Memo] SUBJECT: Ordinance 2021-09 Zoning Amendment – Chapter 23 Zoning, Land Use and Development – 2nd Reading - PUBLIC HEARING SYNOPSIS: Ordinance 2021-09 proposes amendments to areas of the Land Development Regulations (LDRs) (Chapter 23, Lake Wales Code of Ordinances). These amendments are necessary to address the growth and needs of the community, better align with current best practices, and facilitate a more business-friendly approach to development in Lake Wales. RECOMMENDATION Staff recommends adoption after second reading of Ordinance 2021-09 following a public hearing. The Planning and Zoning Board made a recommendation of approval at a regular April 27, 2021 meeting. This ordinance was approved at 1st reading on May 18, 2021. BACKGROUND Amendments are proposed to the following sections: a. Sec. 23-223 – Land Subdivision b. Table 23-421 Permitted Uses Sec. 23-223 – Land Subdivision BACKGROUND Amendments are proposed to the following sections: a. Sec. 23-223 – Land Subdivision b. Table 23-421 Permitted Uses Sec. 23-223 – Land Subdivision During a recent review of the City’s LDRs, it was discovered that there are no provisions in place to guarantee facilities and other improvements that are dedicated to the public. Typically, most LDRs have provisions that require a maintenance bond, surety, or some form of guarantee that any recently dedicated public improvements will not immediately fall into disrepair. A similar example of this concept is obtaining a warranty when purchasing a new car. To address this issue, the following language is proposed: Sec. 223-4 Final subdivision plat and supplementary information. d. Review and Certification Process. Each final-subdivision plat shall be subjected to a standard review and certification process as follows. 4. Maintenance Bonds. a. Public Improvements - To ensure that any improvements dedicated to the City (such as, but not limited to, streets, drainage, water, reclaimed water, sanitary sewer, storm sewer facilities, street lights and traffic signs) do not contain construction, design, or material defects or failures, a letter of credit or other surety shall be required. The surety shall be 10% of the cost of the improvements, based on the engineer’s cost estimate approved by the City. Said surety shall be reviewed and approved by the City prior to final plat. The surety shall be held by the City for a minimum of 24 months. The City reserves the right to hold the surety for a maximum of 60 months if special conditions encountered during design or construction make normal inspection and testing insufficient to assure structural integrity. Examples of special conditions include the use of marginal soils in construction, application of geotextile material precludes the removal of unsuitable material, and construction practices resulting from experimental design concepts. b. Project Landscaping – A letter of credit or other surety shall be required in order to ensure that landscape improvements in project common areas remain viable and are not diseased, damaged or dying. The surety shall be for 120% of the total landscaping cost, based on the review and approval of the project costs by the Administrative Official. Said surety shall be reviewed and approved by the City prior to final plat. The surety shall be held by the City for a minimum of 24 months. The City reserves the right to hold the surety for a maximum of 60 months to ensure that the project common area landscaping remains healthy and viable. Table 23-421 Permitted Uses Amend the Permitted Use Chart to allow eat-in and take-out restaurants in the Limited Commercial Industrial (LCI) District. If approved, this request will spur economic development opportunities by allowing for possible restaurant locations. Also proposed is to allow the following Industrial Uses as permitted by Special Exception Use Permit in the C-3 Highway Commercial zoning district: Assembly & Fabrication, Manufacturing-Light, and Warehouse/Distribution. TABLE 23-421 PERMITTED USES AND SPECIAL EXCEPTION USES IN STANDARD ZONING DISTRICTS P - Permitted Use S - Special Exception Use PDP - Planned Development Project R- R- 1A 1B R-1C R-1D R-2 R-3 PF C-1/C-1A C-2 C-2R C-3 C-4 C-51 LCI BP I-1 I- 2 CN R FOOD AND BEVERAGE BUSINESSES (See section 23-342 and chapter 5 for regulations on alcoholic beverages.) Bar, wine and beer7 P - C1-A only Catering facility S P S PS P S P P FOOD AND BEVERAGE BUSINESSES (See section 23-342 and chapter 5 for regulations on alcoholic beverages.) Bar, wine and beer7 P - C1-A only Catering facility S P S PS P S P P Food processing P S P P Restaurants, eat-in 5, 7 S P P S P P P P P P Restaurants, drive-up S P S Restaurant, outdoor cafe7 S P P S P P P Restaurant, take-out5 P P S P P P S S P INDUSTRIAL USES Assembly and fabrication S P P P P Laundry and dry cleaning plants MDP P S P P Manufacturing—Light MDP S Manufacturing—Heavy S S Warehouse Distribution MDP S P P P P OTHER OPTIONS Decline to amend the Land Development Regulations. FISCAL IMPACT None [End Agenda Memo] Mark Bennett, Development Services Director, reviewed this item. 13. Ordinance 2021-10 Annexation – 1st Reading And Public Hearing 61 Acres North Of Mammoth Grove Road [Begin Agenda Memo] SYNOPSIS: Ordinance 2021-10 proposes the voluntary annexation of approximately 61 acres of land located north of Mammoth Grove Road, east of Masterpiece Road, and contiguous to the incorporated City limits. RECOMMENDATION Staff recommends approval at first reading, and adoption after second reading of Ordinance 2021-10 following a public hearing. Public Hearing notice requirements have been met. A recommendation from the Planning and Zoning Board is not required for an annexation ordinance. BACKGROUND Everything and All LLC, owner, petitioned annexation into the corporate city limits of Lake Wales on May 13, 2021. “Attachment A” to the ordinance shows the property’s location. It is contiguous to the City Limits on its western boundary along Masterpiece Road. Everything and All LLC, owner, petitioned annexation into the corporate city limits of Lake Wales on May 13, 2021. “Attachment A” to the ordinance shows the property’s location. It is contiguous to the City Limits on its western boundary along Masterpiece Road. OTHER OPTIONS Decline to annex the property. FISCAL IMPACT The annexation will add to the City’s tax roll. The combined properties are valued at $229,217, which would bring in additional property taxes. [End Agenda memo] Mark Bennett, Development Services Director, reviewed this item. 14. ORDINANCE D2021-01 CPA Future Land Use Designation – Bundy Property 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance D2021-01 proposes the assignment of LDR Low-Density Residential Future Land Use; Ordinance D2021-02 proposes the assignment of R-1A Single-Family Residential Zoning; of 29.42 acres located south of Brookshire Subdivision and east of Scenic Hwy. RECOMMENDATION Staff recommends adoption after 2nd reading of Ordinances D2021-01 and D2021-02, following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City Commission for the zoning and land use designations. At a March 16, 2021 meeting, City Commission approved the transmittal to DEO of Ordinances D2021-01 and D2021-02. On April 20, 2021, DEO sent a letter addressed to the Mayor. In this document, DEO stated, “We have no comment on the proposed amendment”. BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020. The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was unanimously approved. The applicant has proposed the development of a single-family residence subdivision. The next step is to assign Future Land Use and Zoning to the property. Recommended Land Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding land uses and will be consistent with the Comprehensive Plan. Recommended Zoning: R-1A Single-Family Residential, finding that it is in keeping with the surrounding area and that it is compatible with the proposed land use designation. The City Commission assigns Future Land Use and Zoning designations by ordinance upon a recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. The City Commission assigns Future Land Use and Zoning designations by ordinance upon a recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. OTHER OPTIONS None. FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the property and a potential increase in the property value. [End Agenda Memo] Mark Bennett, Development Services Director, reviewed this item. 15. Ordinance D2021-02 Zoning Designation – Bundy Property 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance D2021-01 proposes the assignment of LDR Low-Density Residential Future Land Use; Ordinance D2021-02 proposes the assignment of R-1A Single-Family Residential Zoning; of 29.42 acres located south of Brookshire Subdivision and east of Scenic Hwy. RECOMMENDATION Staff recommends adoption after 2nd reading of Ordinances D2021-01 and D2021-02, following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City Commission for the zoning and land use designations. At a March 16, 2021 meeting, City Commission approved the transmittal to DEO of Ordinances D2021-01 and D2021-02. On April 20, 2021, DEO sent a letter addressed to the Mayor. In this document, DEO stated, “We have no comment on the proposed amendment”. BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020. The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was unanimously approved. The applicant has proposed the development of a single-family residence subdivision. The next step is to assign Future Land Use and Zoning to the property. Recommended Land Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding land uses and will be consistent with the Comprehensive Plan. Recommended Zoning: R-1A Single-Family Residential, finding that it is in keeping with the surrounding area and that it is compatible with the proposed land use designation. The City Commission assigns Future Land Use and Zoning designations by ordinance upon a recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. OTHER OPTIONS recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. OTHER OPTIONS None. FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the property and a potential increase in the property value. [End Agenda Memo] Mark Bennett, Development Services Director, reviewed this item. 16. ORDINANCE D2021-03 CPA Future Land Use Designation – K&M Groves [Begin Agenda Memo] SYNOPSIS: Ordinance D2021-03 proposes the assignment of LDR Low-Density Residential Future Land Use; Ordinance D2021-04 proposes the assignment of R-1D Single-Family Residential Zoning; of 16.96 acres located south of Mountain Lake Cut Off Road and west of Hwy 27 RECOMMENDATION Staff recommends adoption after second reading of Ordinances D2021-03 and D2021- 04, following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City Commission for the zoning and land use designations. At a March 16, 2021 meeting, City Commission approved the transmittal to DEO of Ordinances D2021-03 and D2021-04. On April 20, 2021, DEO sent a letter addressed to the Mayor. In this document, DEO stated, “We have no comment on the proposed amendment”. BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020. The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was unanimously approved. The applicant has proposed the development of a single-family residential subdivision. The next step is to assign Future Land Use and Zoning to the property. Recommended Land Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding land uses and will be consistent with the Comprehensive Plan. Recommended Zoning: R-1D Single-Family Residential, finding that it is in keeping with the surrounding area and that it is compatible with the proposed land use designation. The City Commission assigns Future Land Use and Zoning designations by ordinance upon a recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. OTHER OPTIONS None. to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. OTHER OPTIONS None. FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the property and a potential increase in the property value. [End Agenda Memo] Mark Bennett, Development Services Director, reviewed this item. Deputy Mayor Robin Gibson asked about urban sprawl concerns. James Slaton, City Manager, said we are having conversations about these issues and pulling together information for the Commission. Mr. Bennett reviewed what constitutes urban sprawl according to the State of Florida. Deputy Mayor Robin Gibson said that our residents like the more natural setting we are in and not surrounded by other cities. Mayor Fultz said we need to grow responsibly. Mayor Fultz asked about Septic tanks in the City. How can we address this. Sarah Kirkland, Utilities Director, reviewed plans to extend sewer to certain residential areas that need sewer lines. 17. ORDINANCE D2021-04 Zoning Designation – K&M Groves 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance D2021-03 proposes the assignment of LDR Low-Density Residential Future Land Use; Ordinance D2021-04 proposes the assignment of R-1D Single-Family Residential Zoning; of 16.96 acres located south of Mountain Lake Cut Off Road and west of Hwy 27 RECOMMENDATION Staff recommends adoption after second reading of Ordinances D2021-03 and D2021- 04, following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City Commission for the zoning and land use designations. At a March 16, 2021 meeting, City Commission approved the transmittal to DEO of Ordinances D2021-03 and D2021-04. On April 20, 2021, DEO sent a letter addressed to the Mayor. In this document, DEO stated, “We have no comment on the proposed amendment”. BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020. The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was unanimously approved. The applicant has proposed the development of a single-family residential subdivision. The next step is to assign Future Land Use and Zoning to the property. Recommended Land Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding land uses and will be consistent with the Comprehensive Plan. Recommended Zoning: R-1D Single-Family Residential, finding that it is in keeping with the surrounding area and that it is compatible with the proposed land use designation. Recommended Land Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding land uses and will be consistent with the Comprehensive Plan. Recommended Zoning: R-1D Single-Family Residential, finding that it is in keeping with the surrounding area and that it is compatible with the proposed land use designation. The City Commission assigns Future Land Use and Zoning designations by ordinance upon a recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. OTHER OPTIONS None. FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the property and a potential increase in the property value. [End Agenda Memo] Mark Bennett, Development Services Director, reviewed this item. 18. CITY COMMISSION AND MAYOR COMMENTS Commissioner Fitzgerald asked about a plan for roads. James Slaton, City Manager, said that is part of the transportation plan. They will work on this next year. Commissioner Howell said there is backed up traffic on SR 17 by Janie Howard Wilson Elementary School when school lets out. This is dangerous and needs to be addressed. Mayor Fultz agreed and said he has been in that traffic. Commissioner Howell asked Commissioner Williams if he needed to change the times of the Work Session Meetings to accommodate his work schedule. Commissioner Williams said yes and recommended an hour earlier. Mr. Slaton said staff is fine with this change. Mayor Fultz said so long as its on his calendar. Commissioner Fitzgerald said she can adjust her schedule. Deputy Mayor Gibson said we need training to handle a possible mass shooting. This was discussed. Mayor Fultz said there was a social media rumor that he was planning to resign. He said this is not true that he plans to serve the rest of his term. Mayor Fultz said the two speakers were good today and encouraged the new commissioner to take the Institute for Elected Municipal Officials classes offered by the Florida League of Cities. 19. ADJOURN The meeting was adjourned at 5;05 p.m. _____________________ Mayor ATTEST: Mayor ATTEST: ___________________ City Clerk

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