CITY COMMISSION
 REGULAR MEETING
 OFFICIAL AGENDA
 May 17, 2022
 6:00 p.m.


  Municipal Administration Building
 Commission Chambers
 201 W. Central Avenue
 Lake Wales, FL 33853



1.

INVOCATION

2.

PLEDGE OF ALLEGIANCE

3.

CALL TO ORDER

4.

ROLL CALL

5.

PROCLAMATIONS AND AWARDS

5.I.

PROCLAMATION - Safe Boating Week May 21-27, 2022

5.II.

PROCLAMATION - Community Action Month

5.III.

PROCLAMATION - Public Works Week 2022

5.IV.

PROCLAMATION - Ace Outlaw Weightlifter

6.

COMMENTS AND PETITIONS

Public participation from residents, taxpayers, business owners, and utility customers is encouraged. The City Commission welcomes information that would assist them in considering agenda items, City business, and otherwise fulfilling the City’s mission to make Lake Wales “a bit better or more beautiful” for its citizens.  

Anyone wishing to speak should give their name, state if they are a resident, taxpayer, business owner, or utility customer and they will have 5 minutes.  Courtesy and respect is the hallmark.  Speakers are expected to address the Commission and not audience members, and not engage in back and forth discussions that can deteriorate into argument, debate and accusations.  

Questions about subject matter are best directed to city staff during normal business hours

7.

Appointment - Charter Schools Representative

The Mayor will nominate a person to serve as a representative to the Lake Wales Charter School Board

8.

CONSENT AGENDA

Any member of the public can ask the City Commission to pull a consent item for separate discussion and vote that they would like to make comment on.
8.I.

Minutes - January 12, 2022, May 3, 2022, May 11, 2022

Commission Work Session Minutes January 12, 2022

Commission Meeting Minutes May 3, 2022

Commission Work Session Minutes  May 11, 2022

8.II.

Approval of the Florida Midland Railroad Lease

Staff seeks commission approval to enter into two railroad right-of-way lease agreements associated with the Northwest Watermain Extension project.

8.III.

Lease Agreement with Boys & Girls Clubs of Polk County

The City Commission will consider approving a Lease Agreement with the Boys & Girls Clubs of Polk County.

8.IV.

Lease purchase of a 2022 F150

Staff is requesting Commission approval to lease purchase one utility vehicle to be added to the city’s Master Lease Agreement. 

9.

OLD BUSINESS

9.I.

Appointment - Alternate Representative of the Polk Regional Water Cooperative

The Commission will appoint an alternate representative to the Polk Regional Water Cooperative

Commissioner Daniel Williams is the current representative

Mayor Fultz was the representative and Daniel Williams the Alternate

10.

NEW BUSINESS

10.I.

Ordinance 2022-17 repealing and reenacting Subsections (a) and (b) of Section 20-3 of the City’s Code of Ordinances dealing with obstruction of public streets, highways and roads, which cited sections allegedly run afoul of the Constitution’s First Amendment free speech provisions

On April 18, 2022, the City received correspondence from Southern Legal Counsel asserting that § 20-3 of the Lake Wales Code of Ordinances runs afoul of the free speech provisions of the United States Constitution.   The letter cites numerous recent cases which have found Code  provisions  similar  to  those  of  the  City  which  are unconstitutional.


10.II.

Ordinance 2022-12 Annexation – 1st Reading and Public Hearing 10.02 acres of land north of Linda Street and east of Tangelo Street

Ordinance 2022-12 proposes the voluntary annexation of approximately 10.02 acres of land north of Linda Street and east of Tangelo Street, and contiguous to the incorporated City limits. 

10.III.

ORDINANCE D2022-11 Future Land Use Amendment for 10.02 acres of land north of Linda Street and east of Tangelo Street

Shelton T. Rice, authorized agent for owner, requests approval of City Commission to amend the Future Land Use Map of the Comprehensive Plan on approximately 10.02 acres of land.

10.IV.

Ordinance D2022-09 Future Land Use Amendment for 23.66 acres of land south of Passion Play Road and west of 11th Street South

The McKenna Family requests approval of City Commission to amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 23.66 acres.

10.V.

ORDINANCE D2022-10 Zoning Map Amendment for 23.66 acres of land south of Passion Play Road and west of 11th Street South

The McKenna Family requests approval of City Commission to amend the Zoning Map on parcels of land totaling approximately 23.66 acres.

10.VI.

Ordinance D2022-15 First Reading and Public Hearing Future Land Use Amendment for 15.98 acres of land north of State Road 60 E. and east of Evergreen Drive

Trinity Baptist Church request approval of City Commission to amend the Future Land Use Map of the Comprehensive Plan on approximately 15.98 acres of land.

10.VII.

ORDINANCE D2022-16 First Reading and Public Hearing - Zoning Map Amendment for 15.98 acres of land north of State Road 60 E. and east of Evergreen Drive

Trinity Baptist Church requests approval of City Commission to amend the Zoning Map on approximately 15.98 acres of land.

10.VIII.

ORDINANCE D2022-17 First Reading and Public Hearing - Zoning Map Amendment for 195.23 acres of land north of Chalet Suzanne Road and east of US Highway 27

Hillpointe LLC, authorized agent for owner, requests approval of City Commission to amend the Zoning Map on approximately 195.23 acres of land.

10.IX.

Hunt Club Grove North - Modification of a Residential Planned Development Project (PDP) Public Hearing

Dave Schmitt Engineering, Inc, agent for owners, is requesting approval of City Commission, of a modification to a 600-lot single-family Residential PDP on approximately 130.38 acres of land just west of Hunt Brothers Road, and south of State Road 60.

10.X.

Hunt Club Grove South - Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval for a Residential Planned Development Project (PDP)

Dave Schmitt Engineering, Inc, agent for owners, is requesting approval of City Commission, of a 542-lot single-family Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP on approximately 104.36 acres of land just west of Hunt Brothers Road, and south of Post Salter Road.

10.XI.

Forest Lake - Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval for a Residential Planned Development Project (PDP)

Charles Millar, authorized agent for owners, is requesting approval of City Commission,  of  a  295-lot  single-family  Preliminary  Subdivision  Plat  and  a  Special Exception Use Permit for a Residential PDP on approximately 97.35 acres of land south of Chalet Suzanne Road and east of US Highway 27.

10.XII.

Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval for a Residential Planned Development Project (PDP) Jewel Ridge

Shelton T. Rice, authorized agent for owner, is requesting approval of City Commission, of a 172-lot single-family Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP on approximately 43.4 acres of land north of Post Salter Road and east of 11th Street South.

10.XIII.

RESOLUTION 2022-16 Tangelo Street Transfer Agreement

The Tangelo Street Transfer Agreement contemplates the transfer of Tangelo Street, a public County road, to the City of Lake Wales.

10.XIV.

RESOLUTION 2022-17 DW53037 Northwest Water Main Extension

In order to receive State Revolving Loan Funds (SRF) for any given project, a resolution  must  be  adopted  by  the  city  stating  its  financial  position and  its authority to apply for these funds.

10.XV.

RESOLUTION 2022-18 WW53036 Septic to Sewer Conversion with Forcemain Extension

In order to receive State Revolving Loan Funds (SRF) for any given project, a resolution must be adopted by the city stating its financial position and its authority to apply for these funds.

11.

CITY ATTORNEY

12.

CITY MANAGER

12.I.

Commission Meeting Calendar

13.

CITY COMMISSION COMMENTS

14.

MAYOR COMMENTS

15.

ADJOURNMENT

(The staff memos are not incorporated into the official record)

Minutes of the City Commission meeting can be obtained from the City Clerk's Office. The minutes are recorded, but are not transcribed verbatim. Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recording, or arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be the expense of the requesting party.


In accordance with Section 286.26, Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk's office no later than 5:00 p.m. on the day prior to the meeting.


Appeals concerning decisions on issues requiring a public hearing:

Persons who wish to appeal any decision made by the City Commission with respect to any matter considered during a public hearing at this meeting will need a record of the proceedings, and for such purpose may need to ensure that verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based.