City of West Palm Beach City Commission DRAFT AGENDA. February 16, :00 P.M.

Transcription

1 City of West Palm Beach City Commission DRAFT AGENDA February 16, :00 P.M. IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY CLERK'S OFFICE, 401 CLEMATIS STREET, WEST PALM BEACH, FLORIDA 33401, {(561) } CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: CIVILITY AND DECORUM: The City of West Palm Beach is committed to civility and decorum by its officials, employees and members of the public who attend this meeting. The City Code, Secs. 2-31(8), 2-31(18) and 2-31(22), provides in pertinent part:

2 DRAFT CITY COMMISSION AGENDA Page 2 Officials shall be recognized by the Chair and shall not interrupt a speaker. Public comment shall be addressed to the City Commission as a whole and not to any individual on the dais or in the audience. Displays of anger, rudeness, ridicule, impatience, lack of respect and personal attacks are strictly prohibited. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted. Offenders may be removed from the meeting. ADDITIONS / DELETIONS / REORGANIZATION OF AGENDA: RECEIVED / FILED: CONSENT CALENDAR (1 17): 1. Minutes of the Regular City Commission Meeting of February 1, Agenda Cover Memorandum No.: Approve the Minutes of the Regular City Commission Meeting held on February 1, Approval of Appointment of Philip V. Spinelli to the West Palm Beach Housing Authority for a term of four (4) years to expire on January 27, It is required that the City Commission confirms Mr. Spinelli appointment. Agenda Cover Memorandum No.: Approve appointment. 3. Resolution No (F) providing appropriations in the amount of $261,000 for the purchase of seventeen (17) workstation console replacements for the Police Department Dispatch Operations Division. PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2015/2016 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GENERAL FUND TO RECOGNIZE RECEIPT OF 911 GRANT REVENUE FROM THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONS AND PROVIDE APPROPRIATIONS FOR DISPATCH WORKSTATION

3 DRAFT CITY COMMISSION AGENDA Page 3 CONSOLE REPLACEMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No (F). The dispatch consoles have aged to the point of disrepair. The mechanisms that allow the consoles to be raised up and down no longer work properly. Additionally, the current consoles do not allow for enhancement flexibility due to the manner in which they were built (ex: there is a need to install computer mounts due to space limitations on the desks and for adjusting back and forth). The new consoles will be with ergonomic work stations that accommodate multiple monitors, keyboards and CPU's with adjustable heights and easy access to wiring and equipment and will be a welcome addition as we move to the new P-25 radio system. Funds will be used to purchase new workstation consoles complete with installation and disposal of old workstations per quote provided by Xybix Systems, Inc ($237,339.19); and 10% project contingency estimate ($23,660.81) for IT support; technology needs; or other minor expenses. All costs associated with the purchase of this system will be fully reimbursed to the City by Palm Beach County and will be recognized in Police General Fund Revenue Source 911 Grant. Approval of Resolution No (F) recognizes $261, from the 911 Grant funded by The Board of County Commissioners, Palm Beach County. 4. Resolution No (F) accepting and appropriating funding in the amount of $2,250 awarded from the Florida Humanities Council to cover funding for upcoming program presenter stipends for adult lecture programs at the Mandel Public Library of West Palm Beach. PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2015/2016 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GRANT PROGRAMS SPECIAL REVENUE FUND TO PROVIDE FOR THE RECEIPT AND APPROPRIATION OF A CONTRIBUTION FROM THE FLORIDA HUMANITIES COUNCIL GRANT TO SUPPORT LIBRARY PROGRAMMING IN THE AREA OF FLORIDA HUMANITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 20707

4 DRAFT CITY COMMISSION AGENDA Page 4 Approve Resolution No (F). The Mandel Public Library of West Palm Beach strives to provide unique programming for citizens of all ages in West Palm Beach and was awarded a grant of $2,250 from the Florida Humanities Council, an independent, nonprofit affiliate of the National Endowment for the Humanities. The Florida Humanities Council develops and funds public programs and resources around the state of Florida that explore Florida s history and cultural heritage, literary and artistic life, environment and development, issues and ideas, communities and traditions. The Florida Humanities Council is dedicated to building strong communities and informed citizens by providing Floridians with the opportunity to explore the heritage, traditions and stories of the state and its place in the world. The Florida Humanities Council runs a Speakers Bureau and through this grant funding will provide and host speakers for library programs at the Mandel Public Library of West Palm Beach. 5. Resolution No approving a Sponsorship Agreement between the City of West Palm Beach and the Historical Society of Palm Beach County to produce "Evening on Antique Row" on March 5, 2016 from 6:00 p.m. to 11:00 p.m. PALM BEACH, FLORIDA, APPROVING A SPONSORSHIP AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND THE HISTORICAL SOCIETY OF PALM BEACH COUNTY PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The Historical Society of Palm Beach County will host Evening on Antique Row on March 5, 2016 from 6:00 p.m. to 11:00 p.m. on Dixie Highway between Southern Boulevard and Monroe Drive. Tickets for food samplings and beverages will be $ There will also be entertainment along the street. This event is to raise awareness of and benefit the Historical Society of Palm Beach County. Additionally, this event will provide exposure to the Antique Row shops on South Dixie Highway. Resolution No approves a Sponsorship Agreement between the City and the Historical Society of Palm Beach County. The Historical Society of Palm Beach County will provide the City with a sponsorship valued at $5,000 which includes marketing, public relations and admission benefits associated with "Evening on Antique Row". The Historical Society of Palm Beach County will provide the City with $1 million general liability insurance policy naming the City as additionally insured. In return, the City will

5 DRAFT CITY COMMISSION AGENDA Page 5 waive the Special Event Permit Fee of $1,925, Staff fees of $160 and dumpster fees of $144. No fiscal impact. 6. Resolution No approving an Interlocal Agreement with the City providing funding for the installation of neighborhood markers and street signs in the Brelsford/Providencia Park neighborhood. PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY REGARDING FUNDING FOR THE INSTALLTION OF NEIGHBORHOOD MARKERS AND STREET SIGNS IN THE BRELSFORD/PROVIDENCIA PARK NEIGHBORHOOD; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No By Resolution No the Community Redevelopment Board authorized installation of neighborhood markers and street signs in the Providencia neighborhood. In an effort to expedite ordering and timely installation the Agency opted to use an existing installer currently procured to do street signage throughout the City. Administratively it proved more efficient for the Engineering Department to process the work authorization with the Agency transferring the funding from the CRA 105 account. Article V of the By-laws of the West Palm Beach Community Redevelopment Agency, as amended and restated February 11, 2008, provides that an Interlocal Agreement between the City and CRA shall provide for services by the City for the CRA as deemed necessary to undertake and carry out redevelopment activities and projects in the CRA s redevelopment areas. Resolution No authorizes execution of the Interlocal Agreement. A companion item is to be considered at the regular Community Redevelopment Agency Board meeting authorizing Interlocal Agreement and funding transfer. No fiscal impact. 7. Resolution No declaring City Owned Property at 1020 N.Sapodilla Avenue to be surplus and authorizing the method of disposition.

6 DRAFT CITY COMMISSION AGENDA Page 6 PALM BEACH, FLORIDA, FINDING THAT CERTAIN PROPERTY OWNED BY THE CITY AT 1020 SAPODILLA AVENUE IS NOT NEEDED FOR CITY PURPOSES AND IS DECLARED TO BE SURPLUS; APPROVING THE METHOD OF DISPOSITION OF THE PARCEL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The City of West Palm Beach Department of Housing and Community Development (HCD) and Community Redevelopment Agency (CRA) staff are involved in various redevelopment projects to ultimately revitalize certain distressed areas of the City. In furtherance of this objective, the Urban League of Palm Beach County and City staff is in preliminary discussions regarding expanding an affordable housing project located on the northwest corner of Palm Beach Lakes Boulevard and Henrietta Avenue (Henrietta Townhomes). C&C Petro Investments, LLC owns a parcel located at 560 Palm Beach Lakes Boulevard which is a crucial parcel under consideration for inclusion in the Urban League s phase III expansion. The CRA owns parcel located at 1010 Sapodilla and the City owns a parcel at 1020 Sapodilla, both of which adjoins a parcel owned by C&C Petro which C&C would like to assemble for a future Project. Standing alone, the City and CRA parcels are unbuildable due to their nonconforming lot size. According to the Palm Beach County's Property Appraisers data they have a combined market value of $9, The C&C parcel located at 560 Palm Beach Lakes Boulevard is vacant and has a market value of $13,440. As of October 2015 the C&C parcel was encumbered with $4, in Resolution Code liens. Through Resolution No the CRA authorized the transfer of the parcel at 1010 Sapodilla to C&C in exchange for transfer of the C&C parcel to the CRA. In order to complete the property exchange the City is requested to transfer the parcel at 1020 sapodilla to C&C. The conveyance would be as-is and the parcel is located in District 3 - Commissioner Paula Ryan. In order to dispose of City owned property, the City Code requires the City Commission, by Resolution, to declare the property to be surplus and authorize a method of disposition. The actual disposition must be approved by Ordinance. Attached for Commission approval is Resolution No declaring 1020 Sapodilla to be surplus and selecting formal negotiations with C&C Petro Inc., as the method of disposition. Since the value of the property is less than $50,000 an appraisal is not required. Staff recommends approval to Resolution No and that formal negotiations with C&C Petro Inc., be selected as the method of disposition.

7 DRAFT CITY COMMISSION AGENDA Page 7 8. Resolution No (F) amending the Water and Sewer Renewal and Replacement Fund and the Water and Sewer General Reserve Fund to provide funding in the amount of $300,000 for the relocation of the historical chemical building in the Water Treatment Plant. PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2015/2016 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE WATER & SEWER RENEWAL AND REPLACEMENT FUND AND THE WATER AND SEWER GENERAL RESERVE FUND TO PROVIDE APPROPRIATION FOR THE RELOCATION OF THE HISTORICAL CHEMICAL BUILDING PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No (F). The design of the proposed ultraviolet (UV) light disinfection treatment is currently underway for the City's Water Treatment Plant (WTP). It was the City s intent to retain the historic Chemical Building (Building) in its current place due to its historical significance; however, as the design progressed it became clear that the Building will need to be relocated to maintain safe and uninterrupted operation of the plant during and after the construction of the UV disinfection treatment system. It is now the City s desire to relocate this historical Building so that it can continue to represent the proud history of our plant and be enjoyed by future generations. The Building is approximately 330 square feet in size and is listed on the historic register. It is wood frame and stucco with a barrel tile hip roof. The Building will be relocated within the Water Treatment Plant property. The relocation will require the approval of the Historic Preservation Board. The estimated cost of this project is $300, and funding will come from a transfer from the Water and Sewer General Reserve Fund to the Water and Sewer Renewal and Replacement Fund. Funds for this project will come from the Water & Sewer Renewal and Replacement Fund (454 Fund) by a $300, transfer from the Water & Sewer General Reserve Fund (459 Fund). The balance in the Water & Sewer General Reserve Fund, after this transfer, will be approximately $25,700,

8 DRAFT CITY COMMISSION AGENDA Page 8 9. Resolution No authorizing the assessment of city liens in the total amount of $44, for unpaid water service, sewer service and stormwater service for the month of November PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING AN ASSESSMENT OF CITY LIENS FOR UNPAID WATER SERVICE, SEWER SERVICE, AND STORMWATER SERVICE CHARGES; PROVIDING THAT SAID LIENS SHALL BE PRIOR IN DIGNITY TO ALL OTHER LIENS AGAINST THE ASSESSED PROPERTIES, SAVE AND EXCEPT A LIEN FOR TAXES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No In accordance with the Code of Ordinances of the City of West Palm Beach, Florida, 2003, Sections 90-4 and 90-5, the City imposes liens on private real property for delinquent payments due for utility services. The liens to be assessed by Resolution No are for unpaid water, sewer and stormwater service charges for the month of November The list of properties to be assessed and the associated charges are attached to Resolution No as EXHIBIT A - Utility Lien List November If not paid, these liens may be foreclosed by the City. No fiscal impact. 10. Resolution No approving a License Agreement with Ibis Property Owners Association, Inc., for use of the Ibis Center by the City's emergency responders in the event of an emergency. PALM BEACH, FLORIDA, APPROVING A LICENSE AGREEMENT BETWEEN IBIS PROPERTY OWNERS ASSOCIATION, INC. AND THE CITY OF WEST PALM BEACH ALLOWING USE OF THE IBIS CENTER BY CITY EMERGENCY PERSONNEL DURING AN EMERGENCY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No During times of declared or threatened natural disasters or emergencies, the City's emergency personnel require locations throughout the City which can be utilized by the

9 DRAFT CITY COMMISSION AGENDA Page 9 City's emergency personnel. At the request of the Police Department and the Fire Department, the City contacted Ibis Property Owners Association to ask if it would be amenable to allowing the City's emergency personnel to utilize the Ibis Center in the event of an emergency. The Ibis Center is located in the western portion of the City. The ability to utilize a facility in this portion of the City is an advantage to the western communities during recovery operations where there is significant damage, and the site provides a convenient location from which to dispatch and respond to emergency needs in the western portion of the City. The Agreement allows the City's emergency personnel to utilize the Ibis Center building for staging and for temporarily lodging of emergency personnel during times of declared or threatened natural disasters or emergencies. It does not allow the Ibis Center to be used as a distribution center. The City assumes liability for property damage or loss to the Ibis Center resulting from the City s use under the Agreement. Resolution No approves the License Agreement with Ibis Property Owners Association, Inc., for use of the Ibis Center by the City's emergency responders in the event of an emergency. No fiscal impact. 11. Resolution No approving the plat entitled "Okeechobee Commons," submitted by David P. Lindley, PLS, of Caulfield & Wheeler, Inc., on behalf of CMSJR Development Group, LLC. PALM BEACH, FLORIDA, APPROVING A SUBDIVISION OF REAL PROPERTY TO CREATE THE PLAT ENTITLED OKEECHOBEE COMMONS CONSISTING OF TWO LOTS, CONTAINING A TOTAL OF APPROXIMATELY ACRES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The subject property is currently vacant and consists of approximately acres, located at the southwest corner of Okeechobee Boulevard and Skees Road. On September 28, 2015, the City Commission approved Ordinance No amending the Future Land use for acres of the subject property from Commercial (C) to Multifamily Medium Density (MFMD) Residential, and Ordinance No rezoning the acres from General Commercial (GC) to Multifamily Medium Density (MF20)

10 DRAFT CITY COMMISSION AGENDA Page 10 Residential. The remaining 1.64 acres of the subject property retained a Commercial (C) Future Land Use designation and a General Commercial (GC) zoning designation. On January 4, 2016, the City Commission approved a 245-unit residential apartment complex on the acres with Resolution No The purpose of the replat is to formally separate the residential portion from the commercial portion of the property so that the commercial portion can be sold and developed separately from the residential development. STANDARDS: It is in Planning Staff's professional opinion that this request complies with the City's Comprehensive Plan and all of the subdivision general design standards located in Section of the Zoning and Land Development Regulations. The design standards related to: relation to adjoining street system; street and alley width; easements; blocks; lots; building lines; character of development; parks and schools; minimum radius for corner lots; and other design standards in the Code. PLANNING BOARD: As a Minor Subdivision, the subject plat was not required to be reviewed by the City's Planning Board. PUBLIC NOTICE: Resolution No was advertised in the Palm Beach Post on February 6, COMMISSION DISTRICT: The subject property is located within Commission District No. 4 - Commissioner Keith James. 12. Resolution No approving an Amended and Restated Park Dedication Agreement regarding Open Space at the corner of Fern Street and Dixie Highway to be dedicated to the City as a passive park and approving the design and site plan for the park. PALM BEACH APPROVING A PARK DEDICATION AND TDR AGREEMENT BETWEEN SODIX FERN, LLC, AND THE CITY, RELATED TO THE FERN STREET OVERLAY OF THE ZONING AND LAND USE REGULATIONS AND THE ALEXANDER LOFTS PROJECT (ORGINALLY KNOWN AS THE CENTRAL PARK PLAZA PROJECT); ESTABLISHING THE TERMS BY WHICH THE PROJECT SITE PLAN INCLUDING A 16-STORY BUILDING WILL VEST AND BY WHICH OPEN SPACE WILL BE DEDICATED TO THE CITY; APPROVING THE OPEN SPACE DESIGN AND SITE PLAN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: APPROVE Resolution No

11 DRAFT CITY COMMISSION AGENDA Page 11 HISTORY: The City Commission adopted City initiated Ordinance No on June 5, 2006 creating the Fern Street Corridor Overlay for properties on Fern Street between Rosemary Avenue and Olive Avenue as a special area of incentive to promote the preservation of historic buildings and the creation of open spaces. The incentive program allows increased building height to be gained within the Overlay through the application of TDRs garnered from both public open space and historic building sending sites. The Overlay requires the improvement and dedication of certain open space and designation of a historic building in order to utilize the increased building height. In 2008, the proposed Central Park Plaza project included the construction of a 16-story residential building at the northeast corner of Fern Street and Dixie Highway, the historic designation of the Southern Bell Telephone & Telegraph Building at 326 Fern Street and its renovation into a 150-room hotel, and the construction of a 12,500 square foot public open space to be deeded to the City but maintained by the developer. By Resolution No (attached), the City Commission approved a Park Dedication Agreement among American Heritage LLC (the property owner at that time), Meridian NCP, LLC (the contract purchaser at that time), and the City, establishing the terms by which American Heritage's site plan for the Central Park Plaza project under the Fern Street Overlay would be vested and the proposed public open space would be dedicated to the City. CURRENT STATUS: Since 2008, the project was purchased by Sodix Fern LLC. and the site plan was revised to convert the Southern Bell Telephone & Telegraph Building into an 85 unit residential building, to be known as "Alexander Lofts", and the original density of the 16-story building was also reduced from 237 units to 205 units and 2,200 square feet of commercial space. The renovation of the Southern Bell Building has been completed, and the 16-story building is currently under construction. Pursuant to the original Park Dedication Agreement, the transfer of the Open Space to the City must occur no later than October 29, However, due to revision to the Open Space Site Plan and the required mitigation of environmental issues discovered on the Open Space, the Open Space will not be ready to be transferred to the City by that date. Additionally, because the parties to the original Park Dedication Agreement have changed; the original hotel project is now a residential project, the Open Space site plan has been revised, a time extension for the transfer of the Open Space is necessary, and to recognize that some of the conditions of the original Park Dedication Agreement have already occurred; the parties desire to amend and restate the Park Dedication Agreement. OPEN SPACE SITE PLAN: The proposed public open space has been modified to incorporate the requirements of the Art in Public Places Ordinance. The new design is by artist MikYoung Kim, an international landscape architect with work throughout the United States, the Middle East and South Korea. The revised design emphasizes the passive nature of the space, and makes it a gathering space. The proposed plaza will create a featured amenity for visitors and local residents alike. The proposed design is included as Attachment I to this document. The artist describes the space as follows:

12 DRAFT CITY COMMISSION AGENDA Page 12 "Central to the plaza will be a sculptural seating piece made of laminated natural stone slabs. The bench is to be sculpted from mostly limestone, referencing the local geology of the Florida peninsula. Resin and bronze will also be used. The stone color palette contains shades of cream, gold and grey, with slivers of blue and bronze. Along with its smooth flowing form, the sculptural bench evokes images of the sand and waves of Florida. The striations from the laminated stone slabs represents the groundswell of cultures that have influenced the region. These stone slabs start from the plaza paving and sweeps upward to create the bench for people to sit. Surrounding the stone pavers and sculptural bench is a lush landscape that provides a carpet of green, which envelops the stone island oasis. Visitors can sit in the shade of the canopy trees and view the integral art piece or interact with the sculpture." ENVIRONMENTAL: Prior to construction of the Open Space and transfer and dedication to the City, Sodix Fern shall have completed all remedial action set forth in the remedial action plan (RAP) prepared by CB&I, dated August 5, 2015, to address the isopropylbenzene plume in the groundwater, and obtained a closure letter from the Florida Department of Environmental Protection (FDEP) regarding the RAP. PARK DEDICATION AGREEMENT: The Amended and Restated Park Dedication Agreement includes the following terms: - Acknowledges that the historic Bell South building has been designated as an historic structure, as required by the Agreement; - Requires that all Transfer Development Rights for the 16-Story Building are transferred prior to issuance of a certificate of occupancy for the 16-Story Building. - Approves the revised Open Space Site Plan, subject to DAC approval. - Requires all necessary environmental remedial action to be completed with FDEP signoff prior to transfer to the City. - Establishes October 29, 2016, as the date by which the remediation, construction and dedication of the Open Space to the City are completed. - Provides that Sodix Fern and its successors and assigns shall maintain the Open Space for the benefit of the public. Resolution No approves the Amended and Restated Park Dedication and TDR Agreement and approves the site plan for the Open Space. COMMISISON DISTRICT: The subject property is located in Commission District No. 3 - Commissioner Paula Ryan. The Park Dedication Agreement requires the Open Space to be maintained by the Developer. 13. Resolution No approving the grant to 1901 South Dixie Highway LLC of a Private Utility Easement under the adjoining alley right-of-way to install, construct and maintain a sewer lateral, domestic and fire line facilities.

13 DRAFT CITY COMMISSION AGENDA Page 13 PALM BEACH APPROVING THE GRANTING TO 1901 SOUTH DIXIE HIGHWAY LLC OF A PRIVATE UTILITY EASEMENT UNDER THE ADJOINING ALLEY RIGHT-OF-WAY TO INSTALL, CONSTRUCT AND MAINTAIN A SEWER LATERAL, DOMESTIC AND FIRE LINE FACILITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No As part of the renovation of 1901 South Dixie to become the Grato Restaurant, it was necessary to install a fire line and additional utilities to the property. As the building occupies the entire lot, there was insufficient room for the required fire line, backflow preventer, etc. Their adjoining parking lot to the west is separated by an existing 15 foot alley which they requested permission to cross with the private utilities. Resolution No will allow for the installation, maintenance and operation of their utilities within the alley. As consideration for the easement, 1901 South Dixie will pay a one time fee of $1, to the City. No fiscal impact. 14. Resolution No authorizing the approval of a Florida Power & Light (FPL) Agreement for General Demand Service at 905 Lake Avenue, West Palm Beach. PALM BEACH AUTHORIZING THE APPROVAL OF A FLORIDA POWER & LIGHT (FPL) AGREEMENT FOR GENERAL DEMAND SERVICE AT 905 LAKE AVENUE, WEST PALM BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No This site, 905 Lake Avenue (Howard Park Tennis Courts), West Palm Beach, uses a lot of energy in a short period of time. By converting this site to a "General Standard Demand Rate", as proposed by FPL, the City will save approximately seven percent (7%) on the electric bill at this site.

14 DRAFT CITY COMMISSION AGENDA Page 14 The highlighted portion of the attached chart shows current usage in kilowatt hours. The "As-Billed Factors" shows what was paid. The "2015 Factors" shows what a demand rate would be billed at, resulting in a 7% savings. No fiscal impact. 15. Resolution No (F) appropriating funds for the upsizing of the reclaimed water pipeline which will serve the Ball Park of the Palm Beaches. PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2015/2016 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE WATER AND SEWER RENEWAL AND REPLACEMENT FUND TO PROVIDE APPROPRIATION FOR THE UPSIZING OF THE RECLAIMED WATER PIPELINE WHICH WILL SERVE THE BALL PARK OF THE PALM BEACHES: PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No (F). By Resolution No , the City Commission approved the Interlocal Agreement for the Sale and Purchase of Reclaimed Water Between Palm Beach County and the City of West Palm Beach, dated August 31, This Interlocal Agreement resulted from the requirement of the South Florida Water Management District that surface water withdrawals at the Ball Park of the Palm Beaches from the thirteen (13) acre lake be augmented with Reclaimed Water as a condition of the consumptive use permit to irrigate the Ball Park. The City was approached by the County to provide Reclaimed Water for irrigation at the Ball Park, because the Ball Park is within the City s service area. Since the City does not currently have a facility to generate Reclaimed Water, the County has determined that it has excess capacity available in their ECR Reuse Facility. The County will provide Reclaimed Water to the City on a bulk or wholesale basis and the City will, in turn, provide retail service to the Ball Park. Pursuant to the Interlocal Agreement, the County agreed to design, engineer, permit, finance and construct the pipeline and other facilities to transport the Reclaimed Water from the County's ECR Reuse Facility to the Ball Park. Upon completion, the pipeline and metering facilities will be owned, operated and maintained by the City. Additionally,

15 DRAFT CITY COMMISSION AGENDA Page 15 under the Interlocal Agreement, the City has the option to upsize the pipeline to provide the City with the capacity to provide reclaimed water service to customers in the future. The City desires to exercise its option to oversize the pipeline. The cost to the City for the oversizing is approximately $145,000 including a ten percent (10%) contingency. Resolution No (F) approves the appropriation of funds for the pipeline oversizing. Funds for this appropriation will come from the Reserve for Future Project Account in the 454 Fund. After this appropriation, the balance in those reserves will be approximately $4, 250, Resolution No approving an Interlocal Agreement among Palm Beach County, the East Central Regional Wastewater Treatment Facility Operations Board and the City regarding enhancements to the County's FPL Reclaimed Water Facility at the ECR plant. PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT AMONG THE EAST CENTRAL REGIONAL WASTEWATER TREATMENT FACILITIES OPERATIONS BOARD, THE CITY OF WEST PALM BEACH, AND PALM BEACH COUNTY RELATED TO ENHANCEMENTS TO THE FPL RECLAIMED WATER FACILITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Palm Beach County, the East Central Regional Wastewater Treatment Facility Operations Board ("ECR") and the City entered into an Interlocal Agreement Related to Construction, Operation and Maintenance of Reclaimed Water Facilities, dated May 20, 2008 regarding the County s construction of a Reclaimed Water facility for the ECR with the output from the facility dedicated to the County so that the County could provide Reclaimed Water service predominantly to Florida Power & Light (the PBC-FPL Reclaimed Water Facility ); and Pursuant to the Interlocal Agreement, the ECR, through the City as its agent, is responsible for the operation, maintenance, renewal and replacement of the PBC-FPL Reclaimed Water Facility. The County represents that the PBC-FPL Reclaimed Water Facility is in need of certain immediate enhancements, including the construction of a bypass line around the storage

16 DRAFT CITY COMMISSION AGENDA Page 16 tank, and repairs to sluice gates, mixer assemblies, valves and other equipment, and other necessary work which may be discovered during the construction/repair process. The ECR, County and City are in agreement that the County is the best party to undertake the enhancements to the PBC-FPL Reclaimed Water Facility, and therefore wish to enter into an Interlocal Agreement to permit the County to do so, and to provide certain assurances to the ECR and City related to the enhancements. Resolution No approves the Interlocal Agreement among Palm Beach County, the East Central Regional Wastewater Treatment Facility Operations Board and the City regarding enhancements to the County's FPL Reclaimed Water Facility at the ECR plant. 17. Resolution No urging the Board of County Commissioner of Palm Beach County to Amend its road impact fee ordinance and related Charter provisions and policies to allow the flexible use of road impact fees already being collected. PALM BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO AMEND ITS ROAD IMPACT FEE ORDINANCE AND RELATED CHARTER PROVISIONS AND POLICIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Palm Beach County collects impact fees from property owners in connection with land development based on their added effect and impact on public services and infrastructure. In order for any new or expanding construction to occur, the City of West Palm Beach (City) cannot issue a building permit until the Palm Beach County impact fees are paid. However, the Palm Beach County Unified Land Development Code provides, in Article 13, Chapter A, Section 1A, that funds collected from impact fees shall not be used to replace existing capital facilities or to fund existing deficiencies, but only to provide for new capital facilities which are necessitated by new development. Article 13, Chapter A, Section 9C of the Code provides that impact fees collected shall benefit new development and shall only be used for capital facility costs for which the impact fees are levied and which add capacity needed to serve the new development. Article 13, Chapter H, Section 4 of the Unified Land Development Code provides that road impact fees collected shall be used solely for new development and construction, right-of-way acquisition, and traffic signalization. The application of current Palm Beach County policies and ordinances have resulted in road impact fee revenues being used on projects which are not in line with long term traffic needs and alternatives for the City of West Palm Beach. Furthermore, the City of

17 DRAFT CITY COMMISSION AGENDA Page 17 West Palm Beach has over $2 billion worth of construction in the development pipeline. The majority of projects are occurring in areas where the infrastructure already exists and impacts fees will not be able to be used within the municipal boundaries of West Palm Beach. Consequently, the impact fees will leave the City of West Palm Beach or be used for road expansion that is not in line with current City development policies which include promoting walkability, alternative modes of transportation, or multi-modal systems. As a Transportation Concurrency Exemption Area, the City is designed to encourage infill growth through density and it is not likely that roads will be widened or additional lane miles added. As such, the City needs to retain the impact fees though an alternative manner that will allow investment for multimodal transportation improvements without adding additional fees to development projects. Within the eastern urban area, Road Impact Fee production of developments from years 2003 to 2014 were analyzed by their total expenditure amount. Over the 11 year period Eastern urban received $6.5 million of investments to fund changes to the Okeechobee Boulevard/Australian Avenue interchange, as well as the widening of Okeechobee Boulevard. During this same time period Eastern urban produced $9.3 million in Road Impact Fee funds. There is a serious impediment to the utilization of Road Impact Fee funds. Pursuant to Ordinance No , Road Impact Fee funds may only be used for new roadway construction, right-of-way acquisition, or traffic signalization. Dense, eastern urban environments function differently than areas elsewhere in the Palm Beach County and therefore need different types of infrastructure improvements. This policy should be reevaluated to allow funds to be spent on alternative transportation infrastructure, streetscape improvements and other investments more appropriate for the eastern urban area. Creating a new policy that works best for the eastern urban is an incredible opportunity to improve the eastern urban and catalyze vacant land development that benefits the city and county alike. COMMENTS FROM THE PUBLIC FOR NON-AGENDA ITEMS: RESOLUTIONS (18 19): 18. Presentation of Resolution No approving "Face of the City" design features for the proposed improvements to landscaping for the Evernia Garage, Police Garage and Police Department Administration Building. PALM BEACH, FLORIDA, APPROVING THE DESIGN FEATURES PRESENTED TO THE CITY COMMISSION FOR THE PROPOSED LANDSCAPING IMPROVEMENTS TO EVERNIA GARAGE, POLICE GARAGE AND THE POLICE DEPARTMENT ADMINISTRATION BUILDING; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 20715

18 DRAFT CITY COMMISSION AGENDA Page 18 Approve Resolution No In the past two years, Evernia Garage has undergone the following enhancements: stairwell murals, exterior painting and caulking, landscaping improvements on the South side of the garage sponsored by the Downtown Neighborhood Association, interior pressure washing, complete door and jamb replacement and replacement of the roof caulk joints to prevent leakage and concrete degradation. The proposed landscape design will enhance the exterior aesthetics of the Garage by providing Florida friendly vegetation and the irrigation necessary to maintain healthy vegetation. The Police Department Garage and Administration Building enhancements in the past year have included a complete exterior painting and caulking for the two buildings. The proposed landscaping design is the next phase to improve the aesthetics of the City block from Rosemary to Sapodilla and Clematis to Banyan. Parking Administration is funding the landscape improvements and will contract with a maintenance professional to maintain landscaping once completed. The maintenance contractor will be responsible for watering and fertilizing all plants; mulching the planting beds; keeping the landscape free of weeds; pruning the plants and mowing any turf areas. They will also assist in maintaining the irrigation system and reporting any deficiencies. 19. Resolution No granting "Face of the City" approval of the design features for the proposed improvements to Woodlawn Cemetery Fence. PALM BEACH, FLORIDA, APPROVING THE DESIGN FEATURES PRESENTED TO THE CITY COMMISSION FOR THE PROPOSED WOODLAWN CEMETERY FENCE REPLACEMENT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Capital Replacement Project - Provides for the removal of the existing chain link fence and replace with metal picket fence and masonry columns together with the repair of the existing wrought iron gates to complement the Cemetery entryway. Capital replacement

19 DRAFT CITY COMMISSION AGENDA Page 19 PUBLIC HEARING (20): 20. Public Hearing and First Reading of Ordinance No establishing the annual salary of the Mayor and the Commissioners. Agenda Cover Memorandum No.: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, ESTABLISHING THE ANNUAL SALARY FOR THE MAYOR AND THE COMMISSIONERS PURSUANT TO SECTION 2.02 OF THE CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA; REPEALING ORDINANCE NO ; PROVIDING FOR CONFLICTS AND SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Approve Ordinance No on First Reading and schedule a Public Hearing and Second Reading for February 29, Section 2.02 of the City Charter for the City of West Palm Beach establishes, that, "The annual salaries of the Mayor and the City Commissioners shall be fixed by ordinance. These salaries shall be reviewed during the City's annual budget process". The Human Resources Department reviewed the salaries of the Mayor and City Commissioners and is basing a salary adjustment recommendation on the following factors: 1) The Mayor's and Commissioners salaries have not been adjusted or increased since 2004, even though cost of living adjustments have been made during the period between 2004 and 2015 to the salaries of City employees. 2) Salaries of similar Strong Mayor forms of Government in the State of Florida were reviewed; including consideration of Strong Mayors and Commissions responsible for a similar population size and similar municipal budget size. This recommendation applies only to changes in the rate of pay (salary) of the Mayor and Commissioners and does not make any changes to the benefits of the Mayor or City Commission members. OTHER BUSINESS: COMMENTS BY THE CITY COMMISSIONERS: COMMENTS BY THE MAYOR:

20 DRAFT CITY COMMISSION AGENDA Page 20 ADJOURNMENT: NOTICE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION OF THE CITY COMMISSION AT THIS MEETING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THAT PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY OF WEST PALM BEACH DOES NOT PREPARE OR PROVIDE SUCH A RECORD.