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City Commission Workshop Meeting

Regular Meeting

Lake Wales, FL · June 12, 2024

AgendaMinutes

Minutes

City Commission Workshop Meeting Minutes June 12, 2024 (APPROVED) 6/12/2024 - Minutes 1. CALL TO ORDER & ROLL CALL Members Present: Mayor Jack Hilligoss, Robin Gibson, Keith Thompson, Carol Gillespie Members Absent: Daniel Williams Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney. Mayor Hilligoss called the meeting to order at approximately 2:00 p.m. 2. City Manager Comments James Slaton, City Manager, announced that the next legacy housing ceremony on Orange Ave is June 24th at 9am. Mr. Slaton said there will be a Parks and Recreation master plan public workshop on Wednesday the 26th at 6pm at the Recreation Center. The architects will share the draft concept plan and get feedback. Mr. Slaton announced that the plans for the Orange and Crystal Streetscape light improvements are in final review. The final notice to proceed is expected in mid October. 3. Board Appointments To Fill Vacancies Due To Expiration Of Terms. [Begin Agenda Memo] SYNOPSIS: Appointment to fill vacancies due to expiration of terms. RECOMMENDATION Staff recommends that the Mayor and Commission to make the following appointments as deemed appropriate. 1. Reappoint Fred Halde to a new term on the Airport Authority to expire 7/1/2027 2. Reappoint Herb Gillis to a new term on the Airport Authority to expire 7/1/2027 3. Reappoint Courtney Schmitt to a new term on the Code Enforcement Board that expires 7/1/2027. 4. Reappoint Dwight Wilson to a new term on the Code Enforcement Board to expire 7/1/2027. 5. Reappoint Brandon Alvarado to a new term on the Historic District Regulatory Board to expire 7/1/2026. 6. Reappoint Narvell Peterson to a new term on the Housing Authority expiring 7/1/2028 7. Reappoint Kyra Love to a term on the Planning and Zoning Board to expire 7/1/2027 5. Reappoint Brandon Alvarado to a new term on the Historic District Regulatory Board to expire 7/1/2026. 6. Reappoint Narvell Peterson to a new term on the Housing Authority expiring 7/1/2028 7. Reappoint Kyra Love to a term on the Planning and Zoning Board to expire 7/1/2027 8. Reappoint Casey McKibben to a term on the Planning and Zoning Board to expire 7/1/2027 9. Reappoint Eric Rio to a term on the Planning and Zoning Board to expire 7/1/2027 10. Reappoint Laura Donaldson to a new term on the Recreation Commission to expire 7/1/2027 11. Appoint Patrick Corwith to a term on the Recreation Commission to expire 7/1/2027 12. Reappoint David Price to a term on the Tree Advisory Board to expire 7/1/2027 13. Reappoint Robert Connors to a term on the Tree Advisory Board to expire 7/1/2027 BACKGROUND The Mayor makes appointments to various citizen advisory and regulatory boards, commissions, committees, and authorities with the advice and consent of the City Commission (City Charter, Sec. 3.06). Airport Authority (City Code Sec. 2-41) – The board consists of seven (7) voting members and one (1) non- voting member who is a City Commissioner. At least two (2) voting members must be qualified electors of the City. The remaining members chosen may be persons owning property located within the City of Lake Wales or persons having a business tax receipt issued by the City of Lake Wales, are airport tenants, or have general aviation experience. (3-year term) The non-voting City Commission member serves for the duration of his or her term as City Commissioner, unless such Commissioner desires to serve a shorter period of time. In such event, the Lake Wales City Commission shall appoint another city commissioner to serve in the same manner. • There is no interview process requirement for applicants applying for appointment to this board. • Members are not required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 3 Vacancies due to resignation and expired terms Current Members: Fred Halde, resident 08/04/21--07/01/24, 1 Herb Gillis, non-resident, 07/01/21--07/01/24, P+1 Clarke Gerard, non-resident chair 06/05/18--07/01/25, P+2 Charles N. Clegg, resident 10/18/16--07/01/25, 3 Mike Bronowski, resident 06/20/23--07/01/24, P Phillip Weikert, non-resident 07/01/23 – 07/01/26, 2 Manuel Grimaldo, non-resident 07/01/23--07/01/26, P+1 Mayor Jack Hilligoss, non-voting member 05/07/24 - 05/06/25, The Airport Authority recommends these reappointments. Applying for reappointment: Mayor Jack Hilligoss, non-voting member 05/07/24 - 05/06/25, The Airport Authority recommends these reappointments. Applying for reappointment: Fred Halde, resident for a term expiring on 7/1/2027. Herb Gillis, non-resident for a term expiring on 7/1/2027. Code Enforcement Board (City Code Sec. 2-56) – The board consists of seven (7) members. Whenever possible, membership shall include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Members must be residents. (3-year term) 2 alternates can also be appointed. • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 2 alternate seats There is a vacancy on the Code Enforcement Board due to resignation. Current Members: Dwight Wilson, resident 07/01/21 – 07/01/24 2 Courtney Schmitt, resident 07/01/21 – 07/01/24, 1 Curtis Gibson, resident 07/01/2022 – 07/01/25, 1 Ralph E. Marino, resident 07/01/22 – 07/01/25, 3 Bruce Austell, resident 02/04/22 – 07/01/25 P+1 Julia Paul, resident, (alternate 2) 02/18/20 – 07/01/23 P Sara Jones, resident 07/01/21 – 07/01/2024 1 Cathy Hammel (alternate) 09/06/23 – 07/01/25 P Mark Bennett 03/08/23-7/1/2025 P Applying for Reappointment: Courtney Schmitt has reapplied to serve for a term to expire 7/1/27. Dwight Wilson has reapplied to serve for a term to expire 7/1/27. The Code Board recommended these reappointments. Historic District Regulatory Board Historic District Regulatory Board (City Code Sec. 23-208.2) – The board consists of five (5) regular members (appointed in accordance with section 2-26). At least 50% of the members shall reside or own property within the City. Members shall be chosen to provide expertise in the following disciplines to the extent such professionals are available in the community: historic preservation, architecture, architectural history, curation, conservation, anthropology, building construction, landscape architecture, planning, urban design, and regulatory procedures. (3-year term) • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 3 vacancies, 50% must be residents or own property in City; • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 3 vacancies, 50% must be residents or own property in City; Current Members: Tiffany Davis, business owner 09/07/22 – 07/01/2025, P Tina Peak, resident 09/07/22 – 7/1/25, 1 Tammy James, resident 07/01/22 – 07/01/24, P Brandon Alvarado, resident 07/01/21 – 07/01/24, 2 Scott Crews, resident 07/01/21 – 07/01/24, P+1 Applying for Appointment: Brandon Alvarado for a term expiring 7/1/2027 Housing Authority (F.S. 421.04) – The board consists of five (5) members. Members must reside in the City, own property in the City, or hold a valid occupational license issued by the City. One (1) member must be a resident of the housing project who is current in rent payment or a person of low income who is receiving a rent subsidy through a program administered by the Authority. No member may be an officer or employee of the City. (4-year term) • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 1 vacancy due to expired term Primary Duties: Manage and control the city’s low-rent housing units. Current Meeting Schedule: 3rd Wednesday @ 6:00 PM; Housing Authority Current Members: Michelle Threatt, resident 07/01/21 – 07/01/25, 1 Narvell Peterson, resident Chair 07/01/20 – 07/01/24, 1 Wanda Lawson, resident 07/01/21 – 07/01/25 3 Durinda Wells 07/01/21 – 07/01/25, 2 Helen Walters, housing resident 07/01/22 – 07/01/26, 3 Albert Kirkland, Jr., Ex-officio n/a Commissioner Daniel Williams, City Liaison 05/07/24 – 05/04/27 Applying for Re-Appointment: Narvell Peterson for a new term to expire 07/01/2028 The Housing Authority and staff recommends this appointment. Planning & Zoning Board (City Code Sec. 23-205.2) – The board consists of seven (7) members. At least four (4) members must reside in the City and three (3) members must either reside in or own real property in the city. (3 year term) • An interview process is required for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests Planning & Zoning Board (City Code Sec. 23-205.2) – The board consists of seven (7) members. At least four (4) members must reside in the City and three (3) members must either reside in or own real property in the city. (3 year term) • An interview process is required for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 3 vacancies, must reside in or own real property in the City Current Members: Kyra Love Harriage, Resident 7/1/21 – 07/1/24 2 Casey McKibben, resident 03/02/21 – 07/01/24, P+1 Courtney McCrystal, property owner 07/01/22 – 07/01/25, 1 Roy Wilkinson, resident 07/01/23 – 07/01/26, 1 Bud Colburn, resident 07/01/23 – 07/01/26, 1 Larry Bossarte, property owner 07/01/22 – 07/01/25, 1 Eric Rio, property owner 08/03/2021 - 07/01/24, 1 Meetings (2-133) – The planning board shall hold regular meetings at the call of the chairman on the fourth Tuesday of each month and at such other times as the planning board may determine. Special meetings may be called by the chairman or vice-chairman with twelve (12) hours of notice. Current Meeting Schedule: - 4th Tuesday @ 5:00 p.m.; Commission Chamber Functions, powers and duties (City Code Sec. 23-205.4) - To act as Local Planning Agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, F.S., ch 163, part II, and perform all functions and duties prescribed therein: To advise and make recommendations to the city commission regarding applications for amendments to the official zoning map and comprehensive plan, rezoning of property, preliminary planned development projects and subdivisions; 1. To consider the need for revision or addition of regulations in these land development regulations and recommend changes to the city commission; 2. To hear and decide applications for special exception use permits and site plans in compliance with these regulations; 3. To perform any other duties which are lawfully assigned to it by the city commission Applying for Reappointment: Kyra Love Harriage for a term to expire 7/1/2027 Casey McKibben for a term to expire 7/1/2027 and Eric Rio for a term to expire 7/1/2027. The Planning and Zoning Board recommends these appointments Recreation Commission (City Code Sec. 2-161) – The Recreation Commission consists of thirteen (13) members from Community Organizations providing a recreation program for the Community and three citizen members representing the citizens at large. A Quorum shall consist of 6 members (3-year term) • There is no interview requirement for applicants applying for appointment to this board. • Members are not required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 2 Citizen Vacancies Current Meeting Schedule is the third Mondays of the month at 12:00 p.m. noon in the Commission Chambers. Current Members: Keri Hunt, Citizen, 04/06/2022-07/01/2024, P Andrew Motis, Citizen, 4/5/2023 – 07/01/2025, P • Current Vacancies: 2 Citizen Vacancies Current Meeting Schedule is the third Mondays of the month at 12:00 p.m. noon in the Commission Chambers. Current Members: Keri Hunt, Citizen, 04/06/2022-07/01/2024, P Andrew Motis, Citizen, 4/5/2023 – 07/01/2025, P Laura Donaldson, Citizen 07/01/2021-07/01/2024, P+1 Curtis Reddick, Lake Wales Boys and Girls Club Scott Blackburn, Lake Wales Little League Burney Hayes, Lake Wales PAL Patty McKeeman, Lake Wales Pram Fleet Kara Wiseman, Lake Wales Public Library Robbie Shields, Lake Wales Soccer Club Arianne Seidl, Lake Wales Charter Schools Vacant – Tennis Vacant - Polk County School Board Vacant – Polk State College Applying for Reappointment: Laura Donaldson for a term to expire 7/1/2027 Applying for Appointment: Patrick Corwith for a term to expire 7/1/2027. Staff and the Recreation Commission recommend this appointment. Tree Advisory Board (City Code Sec. 2-201) – The board consists of five (5) voting member. A majority of the members must reside or own property within the City limits. 1 member shall be a current or retired professional arborist, landscape architect or landscape planner. One member shall be a current or retired real estate investor, developer or equivalent. Terms are 3 years but the first appointments must be staggered. • There is no interview process requirement for applicants applying for appointment to this board. • Members are not required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 2 Vacancies Current Members: Preston Troutman 8/2/2022 - 7/1/2025 1 Mandy Cilliers 8/2/2022 -7/1/2025 1 Robert Connors 8/2/2022 - 7/1/2024 P David Price 8/2/2022 – 7/1/2024 P Susan Webb 10/3/2023 – 7/1/2026 P+1 Applying for reappointment: David Price for a term that expires 7/1/2027 Robert Connors for a term that expires 7/1/2027 The Tree Advisory Board recommends these appointments. OPTIONS Do not appoint those that have applied. expires 7/1/2027 The Tree Advisory Board recommends these appointments. OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Jennifer Nanek, City Clerk, reviewed this item. She said that Kyra Love Harriage, Courtney Schmitt and Robert Connors were available to answer questions. Deputy Mayor Gibson asked to confirm that these were reappointments. Ms. Nanek confirmed this. Mayor Hilligoss thanked the applicants for serving. 4. 1st Street Project (Park Avenue To Orange Avenue Streetscape) – Professional Engineering Services With Chastain Skillman [Begin Agenda Memo] SYNOPSIS: The City Commission will consider entering into an agreement with Chastain Skillman for Professional Engineering Service for 1st Street between Park Avenue and Orange Avenue. RECOMMENDATION It is recommended that the CRA Board take the following actions: 1. Approve the agreement with Chastain Skillman. 2. Authorize the expenditure of $84,328. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND The City received Community Project Funding (CPF) through the U.S. Department of Housing and Urban Development (HUD) for the 1st Streetscape grant in the amount of $750,000. The City will use this funding to develop a stand-alone project focusing on a single block of 1st Street between Park Avenue and Orange Avenue. The broader goal of the 1st Street updates and enhancements is to revitalize Lake Wales’ historic Downtown through planning and quality urban design. It will also serve to connect and unify the Downtown district with the historically black and segregated Northwest Neighborhood, located at the north most end of 1st Street. The engineering agreement with Chastain will provide for site work construction drawings and permit application packages for the 1st Street Project. LAKE WALES CONNECTED PLAN ACTION STEPS Action # Description 45 Implement 1st Street improvements from Central to Wiltshire. FISCAL IMPACT The Professional Engineering Services Agreement is for $84,328. [End Agenda Memo] Deena Drumgo, Assistant City Manager, reviewed this item. Mayor Hilligoss asked to confirm if the design will be the same as Park Avenue. Mr. Slaton confirmed this. Its all the same firms. He said First Street has been under design for a while now and this has been extracted to make a smaller project. Deena Drumgo, Assistant City Manager, reviewed this item. Mayor Hilligoss asked to confirm if the design will be the same as Park Avenue. Mr. Slaton confirmed this. Its all the same firms. He said First Street has been under design for a while now and this has been extracted to make a smaller project. Deputy Mayor Gibson asked if drainage issues will be addressed. Ms. Drumgo said this will be reviewed. Deputy Mayor Gibson asked if Kevin Polk, City horticulturist, is involved. Ms. Drumgo confirmed that he is. Commissioner Gillespie asked if the City Attorney has reviewed the contract. Albert Galloway, Jr., City Attorney, said he had not yet. James Slaton, City Manager, explained that we have a continuing services contract with Chastain Skillman already so this is a separate task order. Commissioner Gillespie said this seems to have its own provisions. She requested reviewing the continuing services contract. 5. Northwest Neighborhood CDBG-CV Sidewalk Improvement Project – Construction Contract With Garcia Civil Contractors [Begin Agenda Memo] SYNOPSIS: The City Commission will consider entering into a Construction Contract with Garcia Civil Contractors for the Northwest Neighborhood CDBG-CV Sidewalk Improvement Project. RECOMMENDATION It is recommended that the CRA Board take the following actions: 1. Approve the construction contract with Garcia Civil Contractors 2. Authorize the expenditure of $536,436.73. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND The City of Lake Wales received Community Development Block Grant CARES Act (CDBG-CV) funds in the amount of $1,193,660 to construct sidewalk improvements in the Northwest Neighborhood. In accordance with the program, a door-to-door household income survey of the service area was conducted. Improvements will include repairing existing sidewalks and constructing new ones. The new and rehabilitated sidewalks are located in the City’s Northwest Neighborhood which is a low income, African American neighborhood. The primary users of the new and rehabilitated sidewalks will be the residents that live in the surrounding neighborhood. The northern boundary of the service area is Florida Avenue, the southern boundary is Dr. J. A. Wiltshire Avenue, the western boundary is G Street, while the eastern boundary is E Street. With regard to the bid advertisement for the project: the advertisement date was 2/28/2024, a non- mandatory pre-bid meeting was held on 3/11/204, and the bid opening date was held on 4/1/2024. The City received a total of 6 bids for the project. Garcia Civil Contractors was selected as the lowest responsive bid in the amount of $536,436.73. A pre-construction meeting has been scheduled for June 25, 2024 with the Garcia Civil Contractors team, CDBG Grant Consultant, engineers, and City staff. This meeting will review any potential construction issues, schedules, and grant requirements for the project. LAKE WALES CONNECTED PLAN ACTION STEPS Action # Description 11 Construct missing sidewalks in the Northwest Neighborhood: include a sidewalk on a least one side of each street; key connectors should have sidewalks on both sides. 46 Implement Lincoln Avenue improvements (shade trees and plantings 65 Continue to construct missing sidewalks in the Northwest Neighborhood 11 Construct missing sidewalks in the Northwest Neighborhood: include a sidewalk on a least one side of each street; key connectors should have sidewalks on both sides. 46 Implement Lincoln Avenue improvements (shade trees and plantings 65 Continue to construct missing sidewalks in the Northwest Neighborhood OTHER OPTIONS Do not approve the Construction Contract with Garcia Civil Contractors for the Northwest Neighborhood CDBG-CV Sidewalk Improvement Project. FISCAL IMPACT The total fiscal impact for this contract is $536,436.73. [End Agenda Memo] Deena Drumgo, Assistant City Manager, reviewed this item. Commissioner Thompson asked if we had a timeline yet. Ms. Drumgo answered and said that we are working on a timeline. This grant has to be done by June 2025. We need to get some performance bonds and pay bonds from the contract and send it to the state. Because this is federal money, we need to abide by CDBG requirements. Mr. Slaton said the grant covers the actual infrastructure construction later there will be a separate funding source for the trees. Commissioner Gillespie asked if we can see the contract with Garcia civil contractors. Ms. Drumgo said that it was in the packet. Mr. Slaton explained that we got a great price but it was under the award amount and we can't adjust it. We can only fund the project that we submitted. Commissioner Gillespie asked what the contract price is. Ms. Drumgo said it was $536,436.73. commissioner Gillespie asked if that amount will be inserted into the contract. Ms. Drumgo said it would be. Mr. Slaton said this was a long time coming. This will be a transformative project. Constructing sidewalks and planting street trees will be amazing. Commissioner Gillespie asked about several blanks in the contract that have yet to be filled in. Ms. Drumgo explained that the whole packet is not complete as there is other information that needs to be put in and then sent to the state. Commissioner Gillespie said that we should have a complete contract if it is to be approved. Ms. Drumgo explained that the commission is approving the contract with Garcia civil contractors. Commissioner Gillespie asked what the relationship is between Garcia and Chastain Skillman. Mr. Slaton explained that Chastain Skillman did the design work while Garcia will do the construction. Commissioner Gillespie noted that there are several documents that needed to be added to the packet. She asked if our city attorney had reviewed these items. Mr. Galloway said that he has not as of yet. Ms. Drumgo explained that some things cannot be completed until they get commission approval. Commissioner Gillespie said that it sounds like a sequential issue. Mr. Galloway confirmed this. It takes some time for the packet to all come together. Mayor Hilligoss confirmed that Commission approval is needed to move forward in the process. Mr. Galloway confirmed this. Commissioner Gillespie said she could not vote for this item under these circumstances. Jennifer Nanek, City Clerk, said a completed packet can be forwarded to the Commission once received. Mayor Hilligoss confirmed that this project is being funded through grant money, not city funds. Mr. Slaton confirmed this. Mayor Hilligoss confirmed that this is the next step in the process to release grant dollars. Mr. Slaton confirmed this. Mr. Slaton said that after Commissioner Gillespie has had a chance to review the items, they can discuss this in detail later. 6. Mail Processing Equipment Lease With Pitney Bowes, Inc. Mr. Slaton confirmed this. Mr. Slaton said that after Commissioner Gillespie has had a chance to review the items, they can discuss this in detail later. 6. Mail Processing Equipment Lease With Pitney Bowes, Inc. [Begin Agenda Item] SYNOPSIS: The City Commission will consider entering into a lease agreement with Pitney Bowes, Inc. for one mail processing machine. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the 60-month lease with Pitney Bowes, Inc. for one mail processing machine. 2. Authorize the City Manager or designee to execute the necessary documents on behalf of the City. BACKGROUND The United States Postal Service (USPS) is mandating a new industry-wide technology standard know as Intelligent Mail Indicia (IMI). The current standard, Information Based Indicia (IBI), will no longer be accepted after December 31, 2024. Postage Meter Indicia are the markings that carry the necessary postage information that allows USPS to authenticate that mail items have been paid for and is also used for tracking purposes. The current mail processing device will soon become non-compliant because it is using the Information Based Indicia (IBI) standard. Pitney Bowes, Inc. is the City’s current mail processing machine vendor. Pitney Bowes, Inc. has proposed absorbing our current lease which would expire February 7, 2025 at no cost and providing a new lease for a compliant like for like mail processing machine. The proposed lease will utilize the State of Florida Department of Management Services (FDMS) competitively bid contract 44102100-17-1. Section 2-404 of the City Code exempts the City from competitive bid requirements when piggybacking another public entity’s previously competitively bid pricing. Utilizing the piggyback option will allow the City to capitalize on the State of Florida’s economy of scale. OTHER OPTIONS The Commission may elect to, not approve the lease with Pitney Bowes, Inc. FISCAL IMPACT The annual lease cost of the proposed Pitney Bowes, Inc. mail processing machine is $4,483.68 ($373.64 / monthly). Funds in the amount of $4,603.68 have been appropriated in fiscal year 2023-2024. [End Agenda Item] Kevin Sunderland, Chief Information Officer, reviewed this item. 7. Purchase Of Investigative Equipment [Begin Agenda Memo] SYNOPSIS: Staff is requesting Commission approval to purchase investigative equipment utilizing existing Capital Outlay funds. RECOMMENDATION 1. Approve the sole source purchase of a FARO Focus Premium system from FARO Technologies, Inc. 2. Authorize a Capital Outlay budget amendment in the amount of $63,969.42 BACKGROUND The investigation of major crime scenes and traffic crashes resulting in death or serious bodily injury is a complex task that requires extensive time and specialized resources. The thorough and accurate documentation of these incidents is crucial to those involved, their families and the criminal justice system. In the 2023/2024 budget, the City Commission allocated funding to purchase equipment to 2. Authorize a Capital Outlay budget amendment in the amount of $63,969.42 BACKGROUND The investigation of major crime scenes and traffic crashes resulting in death or serious bodily injury is a complex task that requires extensive time and specialized resources. The thorough and accurate documentation of these incidents is crucial to those involved, their families and the criminal justice system. In the 2023/2024 budget, the City Commission allocated funding to purchase equipment to enhance the department’s ability to process these types of scenes. Staff has researched numerous systems and selected the FARO Focus Premium system. This equipment quickly and accurately collects millions of measurable data points from a scene that is then stored in the forensic analysis software. This data is then transformed into a 3D color model that accurately depicts both interior and exterior scenes for reconstruction purposes. The resulting diagrams and animation capabilities with this system ultimately help investigators re-create a scene and actions that occurred during the incident from beginning to end. OTHER OPTIONS The City Commission may choose not to purchase this equipment. FISCAL IMPACT The cost of this equipment is $63,969.42 and staff proposes to utilize existing Capital Outlay funds. [End Agenda Memo] Lt. Emmanuel Figueroa, Police Department, reviewed this item. Deputy Mayor Gibson said this technology is very helpful. His concern is cost. How was this price arrived at? Lt. Figueroa explained that this is a quote from the company. Deputy Mayor Gibson asked if we work with other agencies such as the Sheriff's Department to get a lower price. Lieutenant Figueroa said no. Mr. Slaton said that the company is a sole manufacturer. Commissioner Thompson asked about the discount. Where did that come from? Lieutenant Figueroa explained that came from discussions with the company and what the budget was. Deputy Mayor Gibson asked what the sheriff's office got for this equipment? Deputy Chief Schulze said he did not have that information. The original price was $70,000. When the Sheriff's Office purchased this a few years ago it was less but the representative from the company said that this is the price the Sheriff's Office will pay going forward. Commissioner Thompson asked if they thought we got a good price. Deputy Chief Schulze said that he thought so and reviewed the different package and pricing options. Deputy Mayor Gibson said that the discounts probably don't mean much as they are the sole provider. Commissioner Thompson asked if this equipment will save man hours. Lieutenant Figueroa confirmed this. Commissioner Gillespie asked if maintenance was included as well. Lt Figueroa confirmed this. The maintenance costs were reviewed. 8. Award Kimley Horn And Associates RFQ#24-549 For The Design, Permitting, And Bid Phase Services For The Head-Works Modification Project. Approve Kimley Horn’s Scope For Head-Works Services. [Begin Agenda Memo] SYNOPSIS: Staff sought qualified professionals to permit and design the Head-works Modification project. Lake Wales was awarded 7 million in funding to modify the head-works at the Wastewater Treatment Plant. Competitively bidding the project is a requirement to receive the funds. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the Letter to Award Kimley Horn and Associates RFQ#24-549 for the design, permitting, and bid phase services for the head-works modification at the waste water treatment plant. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the Letter to Award Kimley Horn and Associates RFQ#24-549 for the design, permitting, and bid phase services for the head-works modification at the waste water treatment plant. 2. Approve expenditure of $651,000 for Kimley Horn and Associates to design modifications to the Head- works at the Wastewater Reclamation Facility. BACKGROUND The "head-works" of a wastewater treatment plant is the initial stage of a complex process. This process reduces the level of pollutants of the incoming domestic and industrial wastewater to a level that will allow the treated wastewater or effluent to be discharged into a stream, river or lake. This treated effluent also may be sprayed onto dedicated land areas where it is used for the irrigation of crops and even golf courses. Periodically maintenance and possibly repairs are required to keep this piece of equipment in fully functioning order. Staff sought qualified professionals to permit and design any necessary upgrades to the Head-works in order to keep the system at optimal performance. Kimley Horn has the necessary knowledge and hands-on experience with the City’s structures. Kimley Horn has provided a scope for services to design, permit, and provide bid phase services in the amount of $651,000. Staff recommends the Commission take the following action, approve the letter of award for RFQ#24-549 to Kimley Horn and Associates and the scope for these services in order to permit, design, and provide bid phase services during the head-works modification project located at the Wastewater Treatment Plant. OTHER OPTIONS Chose not to engage Kimley Horn to evaluate and design necessary repairs and run the risk of this piece of equipment not functioning properly, which would hinder the operation of the Wastewater Treatment Plant. It would also make the City ineligible for the awarded State Revolving Fund (SRF) financing. FISCAL IMPACT None.(because of the grant?) [End Agenda Memo] Sarah Kirkland, Public Works Director, reviewed this item. Commissioner Gillespie asked how Kimberly Horn was selected. Ms. Kirkland said they went out to bid and reviewed the bid process. 9. Museum Pink Depot Wall & Window Repairs [Begin Agenda Memo] SYNOPSIS: Staff recommends commission authorize the expenditure of $38,436.00 to Semco Construction, Inc. for repairs to a window and wall at the Museum’s Pink Depot building. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Authorize the expenditure for repairs to the window and wall at the Museum’s Pink Depot building. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The east side wall and one of the windows at the museum’s pink depot has been damaged from a water leak on the roof. This work will include some roof repair to prevent this from reoccurring. To prevent the problem from getting worse, staff requested pricing to complete this repair. Staff approached Semco Construction, Inc., & Miller Construction Management, Inc. for quotes. Miller Construction was non-responsive therefore staff requested a quote from Paul Weaver Construction. Staff recommends the Commission take the following action, approve the expenditure of $38,436.00 to Semco Construction, Inc. and authorize the City Manager to execute the appropriate documents on the City’s behalf. Staff approached Semco Construction, Inc., & Miller Construction Management, Inc. for quotes. Miller Construction was non-responsive therefore staff requested a quote from Paul Weaver Construction. Staff recommends the Commission take the following action, approve the expenditure of $38,436.00 to Semco Construction, Inc. and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION The commission could choose not to go forward with these needed repairs and risk further damage being caused to this facility. FISCAL IMPACT $38,436.00 will be used from the Capital funds to pay for the repairs. [End Agenda Memo] Sarah Kirkland, Public Works Director, reviewed this item. Ms. Kirkland shared two possible renderings for the water tower for the Commission to review. 10. ORDINANCE 2024-01 Amending Ch 23-767 Impact Fees – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: The main purpose of this ordinance is to update the Economic Development Impact Fee Mitigation program. After feedback from the Chamber, EDC, and potential business partners, it has been deemed appropriate to recommend an adjustment to the incentives. RECOMMENDATION Staff and the Planning and Zoning Board recommends the City Commission adopt Ordinance 2024-01 after 2nd Reading and Public Hearing. BACKGROUND In order to attract Qualified Target Industry businesses to the City of Lake Wales, city commission adopted Ordinance 2023-35. That ordinance added two more programs to the exemptions to collection of impact fees and authorized amendments to developer contribution credit. The previous ordinance authorized impact fee credit to certain businesses or developers who followed the economic development program requirements. However, it only allowed mitigation of utilities fees. Staff recommends the city commission mitigate any real or perceived disadvantage occurring from the imposition of impact fees by authorizing approved mitigation from the Public Facilities Impact Fees as adopted and updated from time to time. FISCAL IMPACT Up to 90% of certain public facilities impact fees per Economic Development program or developer project. [End Agenda Memo] James Slaton, City Manager, reviewed this item. 11. ORDINANCE 2024-11 – Amendment To Chapter 23, Public Facilities Impact Fees – §23-770. Developer Contribution Credit – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-11 is the companion to Traditional Neighborhood Development Ordinance. It authorizes the mitigation of applicable impact fees, per Table 1 of Ordinance 2024-10. It updates definitions to accommodate the amendments. Publication requirements have been met. RECOMMENDATION Staff and Planning and Zoning Board recommend City Commission adopt Ordinance 2024-01 after 2nd reading and Public Hearing. BACKGROUND The Lake Wales Envisioned Plan supports the creation and adoption of a traditional neighborhood development ordinance. The ordinance recommended by planning staff was supported by the Planning and Zoning Board to offer incentives to development built in accordance with the standards of the TND Ordinance 2024-10. RECOMMENDATION Staff and Planning and Zoning Board recommend City Commission adopt Ordinance 2024-01 after 2nd reading and Public Hearing. BACKGROUND The Lake Wales Envisioned Plan supports the creation and adoption of a traditional neighborhood development ordinance. The ordinance recommended by planning staff was supported by the Planning and Zoning Board to offer incentives to development built in accordance with the standards of the TND Ordinance 2024-10. FISCAL IMPACT Up to 50% of applicable public facilities impact fees per TND Project. [End Agenda memo] James Slaton, City Manager, reviewed this item. 12. Resolution 2024-10 – Resolution To Utilize The Uniform Method Of Collecting Non- Ad Valorem Assessments And Adopting The Special Assessment Roll. PUBLIC HEARING [Begin Agenda Memo] SYNOPSIS: Resolution 2024-10 declares the City’s intent to utilize the uniform method of collecting non-ad valorem assessments and adopts the assessment roll for 2024. RECOMMENDATION Staff recommends adoption of Resolution 2024-10 after a public hearing, as required by Florida Statutes. Public notice requirements have been met. BACKGROUND In February 2013, City commission adopted Ordinance 2013-04 – Abatement and Violation Assessment (Chapter 17.5), providing for the uniform method of collecting non-ad valorem special assessment for service liens. The City’s intent is to collect service liens that are the result from services provided by the City to clean properties, repair or demolish buildings and the like, such services being a special benefit to the property owner. This does not include fines or administrative liens. Ordinance 2013-04 established the City of Lake Wales in its entirety, as its city boundaries exist on the date of enactment and as they may be expanded or contracted from time to time as the special assessment district for the purposes of abatement and violation correction. The resolution has been noticed per Florida Statute at least twenty (20) days in advance of the public hearing. Staff published a potential list of properties in the notice and provided by first class mail a letter to every property owner that may be affected by this action. OTHER OPTIONS Decline the adoption of Resolution 2024-10 FISCAL IMPACT This will provide for reimbursement of funds expended in the course of abating and correcting violations of the municipal code. [End Agenda Memo] Autumn Cochella, Growth Management, reviewed this item. 13. Special Exception Use Permit Approval For A Mixed-Use Planned Development Project (MUPDP) – La Provence MUPDP (Fka Green Gables Inn) PUBLIC HEARING [Begin Agenda Memo] SYNOPSIS: Laurent Meyers, authorized agent for owner, Equity Multifamily LLC, is requesting approval of City Commission, for a Special Exception Use Permit for a Mixed-use Planned Development Project on approximately 8.84 acres of land north of Mountain Lake Cutoff Road, and west of US Highway 27. RECOMMENDATION: Staff supports approval to City Commission, as recommended by the Planning and Zoning Board at a regular meeting on May 28, 2024, for the Special Exception Use Permit for a Mixed-Use Planned Development Project (MUPDP), with waivers of strict compliance and conditions of approval, finding that the current use and conditions of the site may be improved and brought into compliance with City code, that the proposed development is infill in nature, and that approval of the MUPDP will not have a negative approximately 8.84 acres of land north of Mountain Lake Cutoff Road, and west of US Highway 27. RECOMMENDATION: Staff supports approval to City Commission, as recommended by the Planning and Zoning Board at a regular meeting on May 28, 2024, for the Special Exception Use Permit for a Mixed-Use Planned Development Project (MUPDP), with waivers of strict compliance and conditions of approval, finding that the current use and conditions of the site may be improved and brought into compliance with City code, that the proposed development is infill in nature, and that approval of the MUPDP will not have a negative impact on the surrounding area. BACKGROUND: History: The subject property, more commonly known as the Green Gables Inn, is located directly south of the Sizzling Grill. It is situated in between Mountain Lodge Lake and Lake Padgett, west of US Highway 27 and north of Mountain Lake Cutoff Road. The hotel/motel was previously operating as a pre-existing legally non-conforming use in the Limited Commercial Industrial zoning district. In January of 2022, then-prospective buyer Laurent Meyers expressed to Planning Staff that he would like to renovate the existing units in the hotel/motel into apartment units, and build new additional apartment buildings in the rear for residential use. In order to accommodate apartments, staff continued forward with a land use and zoning amendment from Limited Commercial Industrial to a land use designation of High Density Residential and zoning designation of R-3 per the applicant’s request. The request to change the land use and zoning designations by Ordinance D2022-01 and Ordinance D2022-02 were approved by City Commission in February of 2022, as recommended by the Planning and Zoning Board in January of 2022. In order to permit multifamily uses in the R-3 zoning district, a Planned Development Project approval is required per Table 23-421 of the Land Development Regulations. Mr. Meyers applied for building permits to renovate the existing units at Green Gables Inn, now known as La Provence. This was done with the understanding that Mr. Meyers would continue his submittal of a complete application for a Planned Development Project to be approved by the Planning and Zoning Board and City Commission. Action being taken in this request for approval of a Special Exception Use Permit is to establish a legally conforming use on site, as a motel use is not permitted within the residential zoning district, and to rectify existing non-conforming standards on site through waivers of strict compliance. La Provence MUPUD: Due to financing, the applicant is proposing this project in phases. Phase one will consist of the three existing buildings with a total of 56 newly renovated units and 2,000 square feet of commercial. Phase two considers a future apartment building containing a maximum of 165 additional units. In order to approve of the multifamily and commercial use, a Mixed-Use Planned Development Project is currently proposed. R-3 Dimensional & Area Standards Per Table 23-422A Required Proposed Minimum Street Frontage 50 feet 386.59 feet Minimum Lot Width at Building Line 100 feet 386.59 feet Minimum Living Area 650 sq. ft. 300 sq. ft. Front Setback 0 feet 14 feet Side Setback 10 feet 25 feet Rear Setback 20 feet 25 feet Maximum Lot Coverage 60% 60% Maximum Building Height 45 feet 45 feet Roadways and Access: Access to the site is located off of US Highway 27, where the site has shared access from the Sizzling Grill property. A condition of approval includes access approval from FDOT regarding both access points. Maximum Building Height 45 feet 45 feet Roadways and Access: Access to the site is located off of US Highway 27, where the site has shared access from the Sizzling Grill property. A condition of approval includes access approval from FDOT regarding both access points. The development is proposing parking spaces based off of 1.5 parking spaces per one-bedroom units and 2 parking spaces per two-bedroom units. The developer anticipates approximately 75 two-bedroom units, 90 one-bedroom units, and 56 studio units for a total proposed parking of 397 spaces. Minimum parking requirements for multi-family dwellings per Table 23-306B is 1.5 spaces per dwelling unit or 332 spaces. Assuming retail as the most intensive permitted commercial use, parking requirements calculated at 1 space per 200 square feet requires an additional 10 spaces. Including an additional 44 parking spaces for visitor and recreational parking, the total required spaces of 386 spaces is provided on site. Landscaping and Buffering: General A detailed landscaping plan with a planting schedule shall be reviewed and approved by City Staff and the City’s Horticulturist. The following landscape requirements shall apply: ? -Perimeter and interior parking lot landscaping shall be met, pursuant to Section 23-307.1.c. ? -Non-residential tree density requirements shall be met, pursuant to Section 23- 307.2.a.2: A minimum of three trees shall be required for each one-quarter acre or 10,890 square feet of land or fraction thereof in the non-residential development. ? -Recreation areas shall be landscaped per Section 23-310(d)2: A minimum of two (2) shade trees per recreation area or a minimum of five (5) shade trees per acre, whichever is greater, shall be provided in recreation areas. The site has existing tree canopies and will need to provide a tree survey and mitigation plan during Site Development Permit review for Phase 2. A detailed Landscaping Plan with a planting schedule will be required for review and approval by City Staff and the City’s Horticulturist. The site provides additional trees than what is required by code for recreation areas, provides landscaping according to perimeter and interior parking lot landscaping standards. A minimum of 107 canopy trees are required overall per tree density requirements. Trees retained on site are credited toward the overall tree density requirements; however, trees to be removed will need to be mitigated on site or through a payment in lieu of planting per an approved tree mitigation plan to be submitted to the City. The plantings proposed within Phase 1 will improve existing conditions of the site. Waivers of Strict Compliance: 1. Minimum living area reduced to 300 sq. ft. where 650 sq. ft. is required by code. 2. Parking space dimensions reduced to 9’ x 18’ where 10’ x 20’ is required by code for the existing parking stalls in Phase 1. Staff Findings: 1. The hotel/motel use is a pre-existing legally non-conforming use, where the change of use to multifamily requires approval of a Planned Development Project. 2. The rezoning of the property to R-3 does not permit hotel/motel by right, but allows for multifamily through PDP approval. 3. The structures existing on site are non-conforming, where no additional non-conforming additions are recommended. 4. Addition of commercial uses are not permitted by right in the R-3 zoning district, but may be approved through approval of a Mixed-Use Planned Development Project. 5. The interior renovations of the units through the building permit process have improved the conditions of the structures. 4. Addition of commercial uses are not permitted by right in the R-3 zoning district, but may be approved through approval of a Mixed-Use Planned Development Project. 5. The interior renovations of the units through the building permit process have improved the conditions of the structures. 6. The proposal would encourage redevelopment of the site and provides rental options to Lake Wales residents. 7. Inclusion of potential support commercial uses, including the existing restaurant to the north, may encourage less auto-dependency for certain trips. 8. The site utilizes existing infrastructure such as water and sewer. 9. Approval of the MUPDP will not have a negative impact on the surrounding area. CONDITIONS OF APPROVAL: 1. An access permit from FDOT shall be obtained and submitted to the City within a year from the MUPDP approval date. Failure to acquire an access permit may result in immediate code compliance action. 2. Phase two of the development shall be submitted for approval of a Modification to the MUPDP by the Planning and Zoning Board if amendments meet criteria of Section 23-334.7 Amendment of Approved PDP Plan. 3. A detailed Landscaping Plan and Landscaping Schedule shall be submitted to the City for review and approval. In addition, a Tree Survey and Mitigation Plan shall be submitted, and the site shall meet landscaping requirements per Section 23- 307.2(a)2: A minimum of three trees shall be required for each one-quarter acre or 10,890 square feet of land or fraction thereof. Additional mitigation to required landscaping shall be completed within a year of approval. Non-compliance will result in immediate code compliance action. 4. Landscaping adjacent to the sizzling grill and within areas designated within Phase 1 shall have a final landscaping and irrigation inspection by the Zoning Inspector within 180 days of approval. Non-compliance will result in immediate code compliance action. 5. The proposed commercial use shall only be uses permitted in the C-4 Neighborhood Commercial zoning district per Table 23-421. 6. One-bedroom and two-bedroom units shall meet all requirements of the most current Florida Building Code. OTHER OPTIONS A. Approve of Phase 1 of the Mixed-Use Planned Development Project for the 56 newly renovated units and the 2,000 sq. ft. commercial use only, requiring Phase 2 of the project to come back before the Planning and Zoning Board and City Commission for approval. B. Deny the Special Exception Use Permit for a Mixed Use Planned Development Project, stating a finding of fact. FISCAL IMPACT Approval of the Special Exception Use Permit would allow for the redevelopment of the site and may increase property value. [End Agenda Memo] Autumn Cochella, Growth Management, reviewed this item. Deputy Mayor Gibson asked to confirm that the Planning and Zoning Board recommended approval for this. Ms. Cochella confirmed this. Commissioner Thompson asked if these rooms will be used as apartments? Ms. Cochella responded saying these are rentals and we don't regulate these. These will be apartments, short-term rentals, long- term rentals, things like that. It was existing as a motel. The owner needs approval to no longer be a motel Deputy Mayor Gibson asked to confirm that the Planning and Zoning Board recommended approval for this. Ms. Cochella confirmed this. Commissioner Thompson asked if these rooms will be used as apartments? Ms. Cochella responded saying these are rentals and we don't regulate these. These will be apartments, short-term rentals, long- term rentals, things like that. It was existing as a motel. The owner needs approval to no longer be a motel or hotel use but to be apartments. It's to say they're the same thing. This is important for his financing, for him to get sign off from Planning and Zoning for his certificate of use to no longer be a non-conforming use. Commissioner Thompson said if the owner is going to build permanent apartments these should not be a hotel or short-term rentals he would advise against that but this is not up to him. 14. Special Event Permit - 4th Of July Festivities [Begin Agenda Memo] SYNOPSIS: The City of Lake Wales Recreation Department is applying for a special event permit for a 4th of July Celebration on July 4th 3:00 p.m. – 9:00 p.m. Alcohol will be served. RECOMMENDATION Staff recommends the City Commission approve the permit for the 4th of July Celebration and the serving of alcohol at the event. BACKGROUND This event is an annual celebration held at Lake Wailes Park. The event will include vendors, live performances, inflatables, activities, contests and a firework show to conclude the evening. The City Commission approved the expenditure of funds, $35,000, in March for Fireworks with Pyrotechno. OTHER OPTIONS The Commission could decide to not approve the event. FISCAL IMPACT $40,800 is budgeted for the July 4th event. $35,000 is for fireworks. [End Agenda Memo] Jennifer Nanek, City Clerk, reviewed this item. Ms. Nanek reported that a special event permit for an event sponsored by the First Institutional Baptist Church on June 22 may be on Tuesday's agenda. 15. CITY COMMISSION AND MAYOR COMMENTS Commissioner Gillespie reported on attending the Institute for Newly Elected Officials. She got a lot of good information. She learned that many cities are facing the issues that we are. Everyone is experiencing rapid growth. She shared about government in the sunshine and that citizens must be allowed to speak before items on the agenda. Deputy Mayor Gibson asked about the proposed changes on the Comments section. Albert Galloway, Jr., City Attorney, said they are working on it. It should be ready for the next work session. Deputy Mayor Gibson shared concerns about the inefficiencies in the permitting process. It needs to be reviewed and be made more responsive. Mr. Slaton said he will get more details from Deputy Mayor Gibson and they will look into it. Mayor Hilligoss said he has heard concerns about our permitting process and agreed we should look into it. 16. ADJOURN The meeting was adjourned at 2:55 p.m. _____________________ _____________________ Mayor ATTEST: ____________________ City Clerk

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