City Commission Workshop Meeting
Regular MeetingLake Wales, FL · May 26, 2021
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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