City Commission Workshop Meeting

City Commission Workshop Meeting minutes January 10, 2024 (APPROVED) 1/10/2024 - Minutes 1. CALL TO ORDER & ROLL CALL Members Present: Robin Gibson, Mayor Jack Hilligoss, Danny Krueger, Keith Thompson, Daniel Williams Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert Galloway, Jr., City Attorney; Mayor Hilligoss called the meeting to order at 2:00 p.m. 2. City Manager Comments 3. PRESENTATION- Central Florida Regional Planning Council James Slaton, City Manager, introduced Beneshea Frazier, Program Manager, with the Central Florida Regional Development Council(CFRDC). Mr. Slaton explained that they are assisting us with our Economic Development Strategic Plan. She will provide an overview. The project has begun. One on one interviews with the Commission members will be scheduled soon. Ms. Frazier distributed some handouts explaining what the CFRDC does and how they serve the counties in its region. One handout shows the goals of the grant, scope of work and deadlines. A kickoff event has been held with 22 community stakeholders informing them of this grant and discussed challenges for the future of Lake Wales. The deadline for submission to state is May 31st. Deputy Mayor Gibson said many in Lake Wales are not in favor of all the growth in this area. He said we need economic prosperity. We don't want to grow like everyone else and we want to be distinctive. Ms. Frazier said they will develop the strategy according to the goals of the community. There will be outreach to community leaders and stakeholders. They are familiar with the recent visioning process in Lake Wales. Mr. Slaton said that they have access to our Envisioned Plan and other related documents as part of their toolkit. Ms. Frazier said they have had a good relationship with City staff and their help will extend beyond this grant. Mayor Hilligoss asked about the timeline to get to the final deliverable. Ms. Frazier said May 31st but if the community wants to add to it they can do it. Mayor Hilligoss asked about the Asset Mapping Exercise. Ms. Frazier said they hope to get as much state participation as possible. Commissioner Thompson expressed support for Economic Development and Economic Prosperity. He said we need both. We need to have conservations. We should not say no to everything. Property owners get a say. We need to be as cooperative as possible. Commissioner Krueger said some recommendations may be challenged. 4. Transfer Of Property Ownership From The City Of Lake Wales To The Lake Wales Community Redevelopment Agency - Lake Alta Park  say. We need to be as cooperative as possible. Commissioner Krueger said some recommendations may be challenged. 4. Transfer Of Property Ownership From The City Of Lake Wales To The Lake Wales Community Redevelopment Agency - Lake Alta Park [Begin Agenda Memo] SUBJECT: Transfer of property ownership from the City of Lake Wales to the Lake Wales Community Redevelopment Agency Lake Alta Park – PID 273002-909610-005010 SYNOPSIS: Staff requests that City Commission transfer ownership of Lake Alta Park, located north of Kissimmee Avenue, south of Osceola Avenue East, and west of 4th Street North (identified by parcel number 273002-909610-005010) from the City to the CRA to facilitate redevelopment on 3rd Street North. RECOMMENDATION Staff recommends approval of the transfer of Lake Alta Park (identified by parcel number 273002-909610-005010) from the City of Lake Wales to the Lake Wales Community Redevelopment Agency. LAKE WALES CONNECTED PLAN ACTION STEPS Action # Description 27 Identify properties owned by CRA or the City and explore joint ventures for new housing Action Item #27 of the Lake Wales Connected Plan states “Identify properties owned by CRA or the City and explore joint ventures for new housing”. In order to accomplish this goal, the first step to transfer City owned Property to the Community Redevelopment Agency would enable infill development. The intent upon approval of the transfer would be to vacate Lake Alta Street in order to create a pedestrian friendly thoroughfare through the park. The existing conditions of Lake Alta Park are poorly maintained, with illegal dumping present on site. Transferring the property would put the maintenance of the park into the future developer’s responsibility, but would encourage the improvement and maintenance of open green space available to the public. By preserving and maintaining the park, the redevelopment along 3rd Street South is proposed to be clustered, with traditional cottage styled homes including front porches and an alley at the rear of homes. This transfer will facilitate the construction of attainable, workforce housing for our teachers, public servants, and young professionals in the area. FISCAL IMPACT The property transfer would relieve the City from incurring maintenance costs of Lake Alta Park, and would enable the redevelopment of properties along 3rd Street North, providing for additional ad valorem tax revenues. OTHER OPTIONS Decline the property ownership transfer requested by Staff. [End Agenda Memo] James Slaton, City Manager, reviewed this item. Autumn Cochella, Growth Management Director, reviewed this item and shared a slideshow describing the property. She explained that there is a plan for an infill development project. Mayor Hilligoss said this should have been done a long time ago. Deputy Mayor Gibson agreed. He said this is a beautiful piece of property but didn't think anything would happen with it. This is a perfect role for the CRA to play. Commissioner Thompson said there are beautiful trees there. He asked how that former pond will be addressed. Ms. Cochella said a developers agreement addressing maintenance will be forthcoming. Mr. Chad Burker, Traditions Engineering, representing the owner. They are looking to put in attainable  happen with it. This is a perfect role for the CRA to play. Commissioner Thompson said there are beautiful trees there. He asked how that former pond will be addressed. Ms. Cochella said a developers agreement addressing maintenance will be forthcoming. Mr. Chad Burker, Traditions Engineering, representing the owner. They are looking to put in attainable housing. They will be small 2-3 bedroom homes. They will maintain the whole area as a park. They will create a walking park around the lake and adding amenities. The homes will be alley loaded. The pond will be used for stormwater. The property will be improved. Deputy Mayor Gibson asked who the owner is. Mr. Burker said Derek McWaters, he has done other projects here. Deputy Mayor Gibson said he liked the density. Albert Galloway, Jr, City Attorney, said this property was platted in 1921. This parcel does not have a deed. There will be a quit claim deed from the City to the CRA and from the CRA to the developer. There is no need for title insurance. 5. Lake Wales Care Center License And Indemnification Agreement [Begin Agenda Memo] Synopsis: The Lake Wales Care Center, Inc. (“Care Center”), is required to provide an Americans with Disabilities (“ADA”) compliant access ramp to the apartment complex located at 282 East Park Avenue. The proposed Agreement serves to protect the City related to the use of public property by the Care Center and the tenants which will occupy the apartments within the complex. Recommendation: That the City Commission approve the License and Indemnification Agreement and authorize the Mayor to sign it on behalf of the City. Background: After the Care Center acquired the apartment complex it was determined that an ADA compliant access would be required. It was initially thought that the easement right-of-way lying West of the building could be vacated in order to make the needed property available for construction of the access ramp. The City’s Utilities Department advised against the contemplated vacation due to concerns about existing utilities lying under the easement. The License and Indemnification Agreement is a viable alterative which will allow for the required ADA access ramp. The Utilities Department has approved of this approach. The Agreement is revocable at will by the City. Fiscal impact: The cost of recording the instrument in the Public Records of Polk County in the amount of $27.00. Alternatives: There are no alternatives which will serve to protect the public and the City in the manner contemplated by the License and Indemnification Agreement. [End Agenda Memo] Albert Galloway, Jr., City Attorney, reviewed this item. 6. Developer Credit Agreements For Steeplechase And Iron Mountain [Begin Agenda Memo] SYNOPSIS: The City Commission has approved a request for Special Exception Use Permit for approval of two Planned Development Projects, Steeplechase and Iron Mountain. Section 23-770 of City Code authorizes a developer contribution credit against impact fees. The responsible party for both developments is the same person, and therefore, they are being combined into one agenda item. RECOMMENDATION Staff Recommends: 1. Approval the Steeplechase and Iron Mountain Developer Contribution Credit Agreements with Steeplechase Investors, LLC and Iron Mountain Investors, LLC, respectively.  is the same person, and therefore, they are being combined into one agenda item. RECOMMENDATION Staff Recommends: 1. Approval the Steeplechase and Iron Mountain Developer Contribution Credit Agreements with Steeplechase Investors, LLC and Iron Mountain Investors, LLC, respectively. 2. Authorize the Mayor to execute both agreements BACKGROUND The City Commission authorized Developer Contribution Credit for those development plans which align with Resolution 2023-02. City staff has reviewed the preliminary proposals for Steeplechase and Iron Mountain and are recommending approval of the Special Exception Use Permit for both developments. The city manager has reviewed the proposals and documents submitted by the developer and had determined that a fifty percent (50%) reduction of all residential and non-residential impact fees is an appropriate contribution credit amount. The developer agrees. Extra Expense to accommodate Resolution 2023-02 and recommended dollar amount of credit: Steeplechase: Exp: $4,115,000 Iron Mountain: Exp: $2,227,650 Total Impact Fee: $3,524,195 Total Residential Impact Fee: $5,124,767 Credit: $1,762,097 Credit: $2,227,650 OTHER OPTIONS Authorize a different amount for Developer Contribution Credit Authorize no amount for Developer Contribution Credit FISCAL IMPACT None, if the credit is not approved the development might not move forward. None, in exchange for a Developer Contribution Credit the city is benefiting from a development with enhanced site development components. [End Agenda Memo] James Slaton, City Manager, reviewed this item. Deputy Mayor Gibson confirmed that these are city impact fees. Mr. Slaton confirmed this. Deputy Mayor Gibson asked which fees. Mr. Slaton said Fire, Police, Library, Water, Wastewater, Recreation and Multi- modal. Mr. Slaton said that as homes are built the City will charge 50% of what they typically would. 7. Kimley Horn Engineering Task Authorization #20-471 City Of Lake Wales Wastewater And Reclaimed Master Utility Plan [Begin Agenda Center] SYNOPSIS: Staff requests commission to give approval to enter into an engineering contract with Kimley Horn to perform engineering services related to the study and formation of a wastewater and reclaimed water master utility plan for $225,000. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the contract with attached contract with Kimley Horn for $225,000 to perform engineering services associated with the formation of the wastewater and reclaimed water master utility plan. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The scope of work under this contract will be to develop a comprehensive wastewater and reclaimed water utility master plan for the purpose of identifying and prioritizing capital projects. The scope of services describes the specific tasks of gathering information, develop future needs, perform necessary hydraulic analysis, develop costs, report recommendations, and produce a prioritized list of funded needs. The wastewater and reclaimed utility master plan will focus on capital improvements required to serve existing 5, 10, and 20-year future needs of the utility service area. Development has made it is necessary to evaluate further expansion of the utility sewer and reclaim system and determine necessary upgrades to the waste water treatment facility. Once the wastewater and reclaimed water master utility plan study is complete, it will be brought back before the commission for review and approval. Staff is recommending that the Commission take the following action; approve entering into an agreement with Kimley Horn for $225,000 to perform the engineering services attached and authorize the City Manager to execute the appropriate documents on the City’s behalf.  waste water treatment facility. Once the wastewater and reclaimed water master utility plan study is complete, it will be brought back before the commission for review and approval. Staff is recommending that the Commission take the following action; approve entering into an agreement with Kimley Horn for $225,000 to perform the engineering services attached and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION None. It becomes necessary for a periodic study to be performed to ensure the integrity and the function of the utility system is maintained and expanded, if necessary, at an acceptable level. The last master plan study performed of the wastewater and reclaimed water utility system was performed back in 2020. These plans will typically have a useful life of 10 years or until all the suggested upgrades have been completed. Staff is at such point that proposed and on-going development has facilitated the need to update the plan in order to accommodate connection to the sewer and reclaim water system. FISCAL IMPACT The Wastewater Department has placed funds in the 2023-2024 Capital Improvement Budget to cover the expenditures to create an updated plan. [End Agenda Memo] Sarah Kirkland, Public Works Director, reviewed this item. 8. Cleaning / Closed Circuit Television (CCTV) And Cured In Place Piping (CIPP) Lining On 10” Clay Sewer Line And 4” To 6” Laterals [Begin Agenda Memo] SYNOPSIS: Staff requests City Commission approval to expend funds for $67,691.00 for Cleaning, CCTV, dewatering and CIPP lining a section 327’ of sewer line and 112’ of laterals that are leaking in several areas causing the road to collapse, utilizing Vortex Services, LLC STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the expenditure of funds of $67,691.00 to Vortex Services, for Cleaning, CCTV, and dewatering and CIPP installation. 2. Authorize the City Manager to execute the appropriate documents associated with this repair. BACKGROUND The City, as part of its collection system, owns, operates, and maintains 121 Miles of 8 to 16 inch Gravity Sewer Line and 75 Miles of 2 to 16 inch Force Mains. Due to the age of some of the gravity sewer lines and force mains, they will break over time. It has been determined that it is more feasible to CIPP line them then take the system off line and replace them. Once the sewer line/laterals is slip lined, it will prevent any raw sewer leakage into the soil, causing a compliance issue. The 327’ of clay sewer line and 112’ of laterals on Dr. MLK Jr Blvd between Weaver Avenue and Bullard Avenue was inspected for breaks and it was determined by city staff that it was leaking in several areas allowing sinkholes to form in the road and a large amount of sand to accumulate in the pipe. Staff contacted Vortex Services and scheduled their technician to come out and assess the condition. Once the condition was assessed, Vortex was able to provide pricing for the cleaning, CCTV, dewatering and CIPP lining of 327’ of sewer line and 112’ of laterals on Dr. MLK Jr. Blvd. between Weaver Avenue and Bullard Avenue. Staff recommends the commission take the following action; approve the expenditure of funds of $67,691.00 for Cleaning, CCTV, dewatering and CIPP lining utilizing pricing from Vortex Services, LLC Piggyback with Miami Beach. OTHER OPTIONS None. Maintenance of these wastewater system components becomes necessary from time to time to maintain the integrity of the system FISCAL IMPACT The Wastewater Department has placed $200,000.00 in the FY 2023-2024 M & R Lines & Mains for these necessary repairs.  OTHER OPTIONS None. Maintenance of these wastewater system components becomes necessary from time to time to maintain the integrity of the system FISCAL IMPACT The Wastewater Department has placed $200,000.00 in the FY 2023-2024 M & R Lines & Mains for these necessary repairs. [End Agenda Memo] Sarah Kirkland, Public Works Director, reviewed this item. 9. Dewberry – Lead & Copper Service Line Inventory [Begin Agenda Memo] SYNOPSIS: Staff is requesting approval to enter into an engineering contract with Dewberry Engineers, Inc. for $77,500.00 to inventory lead and copper service lines connected to the City of Lake Wales potable water system. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve entering into an engineering contract with Dewberry Engineers, Inc. to inventory the City’s lead and copper services lines connected to the City of Lake Wales potable water system for $77,500.00. 2. Authorize the City Manager to execute the appropriate documents associated with this task order. BACKGROUND In 1974, Congress passed the Safe Drinking Water Act. This law requires the Environmental Protection Agency (EPA) to determine the level of contaminants in drinking water at which no adverse health effects are likely to occur with an adequate margin of safety. These non-enforceable health goals, based solely on possible health risks are called maximum contaminant level goals (MCLGs). The MCLG for lead is zero. EPA has set this level based on the best available science, which shows there is no safe level of exposure to lead. On August 4, 2022, EPA released Guidance for Developing and Maintaining a Service Line Inventory to support water systems with their efforts to develop inventories and to provide states with needed information for oversight and reporting to EPA. The guidance provides essential information to help water systems comply with the Lead and Copper Rule Revisions requirement to prepare and maintain an inventory of service line materials by October 16, 2024. Dewberry Engineering, Inc. is tasked with preparing a Lead and Cooper Service Line Inventory for Lake Wales. Staff recommends the commission take the following action; approve entering into a contract with Dewberry Inc. to provide the Lead & Cooper Service Line Inventory for $77,500.00 and authorize the City Manager to sign the task order document for this project. OTHER OPTION None. EPA has mandated that all community public water systems complete a lead and cooper service line (LSL) inventory by October 16, 2024 FISCAL IMPACT Staff has submitted a Request for Inclusion to the Florida Department of Environmental Protection (FDEP) to fund the Lead and Copper Inventory. The engineering portion of this project is just the first step in identifying all the potential problematic service lines. [End Agenda Memo] Sarah Kirkland, Public Works Director, reviewed this item. Deputy Mayor Gibson confirmed that these are on private property. Ms. Kirkland confirmed this. These are on the customer side. Deputy Mayor Gibson asked if there is any copper and lead on the City side. Ms. Kirkland said none. Commissioner Thompson asked what we are going to do with the inventory. Ms. Kirkland said we have to change out the lead and copper. We have been approved for funding for this. 10. Purchase Authorization –Asphalt Paving System Inc. (APS) [Begin Agenda Memo] SYNOPSIS: The City Commission will consider authorizing entering into a piggyback agreement for street 10. Purchase Authorization –Asphalt Paving System Inc. (APS) [Begin Agenda Memo] SYNOPSIS: The City Commission will consider authorizing entering into a piggyback agreement for street resurfacing and authorizing the expenditures of $499,639.06 for the resurfacing of various city streets to Asphalt Paving System, Inc. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the expenditure of funds of $499,639.06 to Asphalt Paving Services, Inc. for street resurfacing. 2. Authorize the City Manager to execute the appropriate documents associated with this project. BACKGROUND The proposal submitted by Asphalt Paving Systems, Inc. is based on a competitively bid contract with the City of Kissimmee, Florida for similar services. Staff is requesting approval to piggyback the contract. Section 2-404 of the City Code and F.S. §287.057 exempts the City from competitive sealed bid requirements when piggybacking another public entity’s competitively bid contract. Asphalt Paving Systems, Inc. provides pavement preservation and resurfacing services for the City of Kissimmee, Florida and in 2019 the City Commission approved an agreement with Asphalt Paving Systems, Inc. to begin the pavement management program for streets in the City’s road network. Staff recommends the commission take the following action; approve the expenditure of funds of $499,639.06 for street resurfacing and approve entering into a piggyback agreement with Asphalt Paving Systems utilizing the City of Kissimmee contract prices. OTHER OPTIONS None. Maintenance of these wastewater system components becomes necessary from time to time to maintain the integrity of the system FISCAL IMPACT The Streets Department has placed $500,000.00 in the FY 2023-2024 Capital Improvements Budget. [End Agenda Memo] 11. Special Event Permit Application - 2024 Lake Wales Art Show At Lake Wailes Park [Begin Agenda Memo] SYNOPSIS: Approval of this Special Event Application will allow the 53rd Annual Lake Wales Art Show to be held in Lake Wailes Park Friday, February 23, 2024 to Sunday, February 25, 2024. RECOMMENDATION Staff recommends that the City Commission consider taking the following action: 1. Approve the Special Event Permit Application for the 53rd Annual Lake Wales Art Show to be held February 23 – February 25, 2024 in Lake Wailes Park. 2. Approve the request to allow for a designated area for alcohol consumption. 3. Approve the hours as follows: February 22 - set up at 7:00 a.m. and evening festivities beginning on February 23 at 5:00 p.m. and ending at 10:00 p.m., February 24 and February 25 – 10:00 a.m. to 5:00 p.m. 4. Approve the request for set up by the artists on Friday February 23, 2024 at approximately 10:00 a.m. BACKGROUND The Lake Wales Art Council, Inc. submitted a Special Event Permit Application for the 53rd Annual Lake Wales Art Show to be held February 23 to February 25, 2024 in Lake Wailes Park. This event would begin on Friday evening, February 23, 2023 at 6:00 p.m. with a barbeque and musical entertainment and it will conclude at 8:00 p.m. This event includes a designated area to sell and consume alcohol. On Saturday and Sunday activities will begin at 10:00 a.m. and end at 5:00 p.m. The Special Event Permit Application includes a request for the artists to set up on Friday, February 23 at approximately 10:00 a.m. The Art Council will be using the services of off-duty officers from the Lake Wales Police Department each  and it will conclude at 8:00 p.m. This event includes a designated area to sell and consume alcohol. On Saturday and Sunday activities will begin at 10:00 a.m. and end at 5:00 p.m. The Special Event Permit Application includes a request for the artists to set up on Friday, February 23 at approximately 10:00 a.m. The Art Council will be using the services of off-duty officers from the Lake Wales Police Department each evening during the entire event. This will be paid at 100% by the Art Council. The Field Operations Division will be providing clean up services on Saturday and Sunday with the Arts Council paying 25% of those costs. The Arts Council will also be responsible for site set up, obtaining tent permits, providing licensing for food vendors, acquiring sanitary facilities and dumpsters and providing liability insurance for the event. OTHER OPTIONS Do not approve the event FISCAL IMPACT In-kind services provided by the City were budgeted for FY23-24 in the amount of $1236. The Arts Council will be responsible for 25% or $309. Private security will be provided by the Lake Wales Police Department and will be paid at 100% by the Arts Council. [End Agenda Memo] James Slaton, City Manager, reviewed this item. 12. Special Event Application - Pre Mardi-Gras Jeep Event, February 8, 2024 [Begin Agenda Memo] SYNOPSIS: Wales Pointe Restaurant and Jessy G Photography are applying to have a Jeep Decorating contest on Thursday, February 8, 2024 on Orange Avenue. This will require the closure of Orange Avenue between 3:00 p.m. and 9:30 p.m. RECOMMENDATION Staff Recommends: 1. Approval of the Special Event Application to host a Mardi Gras Jeep event on February 8, 2024 from 5:00 p.m. – 8:00 p.m. on Orange Avenue. 2. Approve the request to close Orange Avenue on Thursday February 8, 2024 between 3:00 p.m. – 9:30 p.m. between Scenic HWY and Market Street. BACKGROUND Wales Pointe Restaurant and Jessy G Photograph have applied to host a Pre Mardi Gras Jeep event on Friday February 8, 2024 from 5:00 p.m. – 9:30 p.m. This is a Jeep Wrangler Decorating Event. They have requested to close Orange Avenue between Scenic HWY and Market Street at 3:00 p.m. OTHER OPTIONS Do not approve the event. FISCAL IMPACT Sponsor will cover 100% of the costs. [End Agenda Memo] James Slaton, City Manager, reviewed this item. 13. CITY COMMISSION AND MAYOR COMMENTS 14. ADJOURN Meeting was adjourned at 2:51 p.m. _____________________ Mayor _____________________ Mayor ATTEST: ____________________ City Clerk