City of West Palm Beach City Commission DRAFT AGENDA. April 23, :00 P.M.

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1 City of West Palm Beach City Commission DRAFT AGENDA April 23, :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 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. PRESENTATION AND AWARDS OF MERIT (1-4): 1. Legislative session wrap up presentation by State Representative Rick Roth Agenda Cover Memorandum No.: Proclaiming May 2018 as International Internal Audit Awareness Month. Proclamation to be accepted by Beverly Mahaso, Interim Internal Auditor and President of the Institute of Internal Auditors Palm Beach County. Agenda Cover Memorandum No.: Proclaiming April 27th, 2018 as: Arbor Day. Proclamation to be accepted by Michael Rittenhouse, City's Sustainability Program Coordinator Agenda Cover Memorandum No.: Proclaiming May 6-12, 2018 as: Drinking Water Week. Proclamation to be accepted by Penni Redford, City's Sustainability Manager and/or Poonam Kalkat, Public Utilities Director. Agenda Cover Memorandum No.: ADDITIONS / DELETIONS / REORGANIZATION OF AGENDA: RECEIVED / FILED (5): 5. Submittal of the following three (3) reports from the Internal Auditor's Office: 1. Accounts Payable Audit Report No. AUD16-01 and the Executive Summary of the Accounts Payable Audit; 2. Accounts Receivable Post Audit Review No. PAR17-07; and 3. Business, Rental, and Special Events Taxes Post Audit Review No. PAR Agenda Cover Memorandum No.: 21877

3 CITY COMMISSION AGENDA PAGE 3 Receive and File. The three reports were presented to the Audit Committee on March 8, 2018, where they were approved by the Audit Committee Members. Copies of the reports have been provided to the Mayor and the City Commissioners. Fiscal Note: No Fiscal Impact. CONSENT CALENDAR (6-16): 6. Minutes of the Regular City Commission Meeting of March 12, Agenda Cover Memorandum No.: Approve the Minutes of the Regular City Commission Meeting held on March 12, Minutes of the Regular City Commission Meeting of March 26, Agenda Cover Memorandum No.: Approve the Minutes of the Regular City Commission Meeting held on March 26, Minutes of the Special City Commission Meeting of April 5, Agenda Cover Memorandum No.: Approve the Minutes of the Special City Commission Meeting held on April 5, Minutes of the Regular City Commission Meeting of April 9, Agenda Cover Memorandum No.: Approve the Minutes of the Regular City Commission Meeting held on April 9, Resolution No accepting the donation of an original painting by artist Ruth Mansmith to be displayed in City Hall. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, ACCEPTING A DONATION OF AN ORIGINAL ARTWORK BY ARTIST RUTH MANSMITH IN COMPLIANCE WITH THE ART IN PUBLIC PLACES ORDINANCE; APPROVING A DONATION AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21874

4 CITY COMMISSION AGENDA PAGE 4 Approve resolution No Local artist Ruth Mansmith would like to donate an original artwork to the City to be installed in City Hall. The artwork will be an abstract multicolored painting (see attached image). The artist, Ruth Mansmith, works and resides in Palm Beach County (see attached bio). The artwork would be installed on the 2nd floor of City Hall opposite the Mayor's boardroom. On March 7, 2018 the Art in Public Places Committee voted unanimously to recommend that the City Commission accept the donated artwork from local artist Ruth Mansmith. Resolution No accepts the donation of the painting by Ruth Mansmith, approves the donation agreement with Ruth Mansmith and provides the terms and conditions for the donation. 11. Resolution No authorizing the release of City liens encumbering several parcels owned by the West Palm Beach Community Redevelopment Agency RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, RELEASING CERTAIN CITY IMPOSED LIENS ENCUMBERING SEVERAL PARCELS OWNED BY THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The West Palm Beach Community Redevelopment Agency owns a several real estate parcels which are encumbered with recorded city liens. The City Attorney s office is in the process of clearing title to the parcels so that they can be disposed of, in furtherance of agency goals and objectives, with clear title. The liens subject to this request are lot clearing liens which were imposed by resolution. The liens are described on Exhibit A attached to the resolution. The City Commission is requested to release the liens and authorize the Mayor to execute releases and any other documents necessary to release the liens. 12. Resolution No approving an Easement to Florida Power & Light (FPL) on City owned property located at 1718 Parker Avenue for providing electrical service to Fire Station No. 4.

5 CITY COMMISSION AGENDA PAGE 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, GRANTING AN EASEMENT TO FLORIDA POWER & LIGHT TO PROVIDE SERVICE TO THE NEW FIRE STATION No. 4 LOCATED WITHIN HOWARD PARK AT 1718 PARKER AVENUE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Fire Station No. 4 is located along the East side of Parker Ave. at Park Place in Howard Park. As part of the construction of the new station, an upgrade to the power supply was required. The power supply will be an underground service and will provide for an FPL transformer. Approval of Resolution No will grant FPL an easement to service the facilities at Fire Station No. 4. COMMISSION DISTRICT: This project is located in Commission District No. 5 Commissioner Christina Lambert Fiscal Note: No fiscal impact 13. Resolution No approving submittal of an application to the Florida Department of Transportation through the Palm Beach Transportation Planning Agency for a Transportation Alternatives grant for the construction of a multi-use trail on the west side of Clear Lake. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION THROUGH THE PALM BEACH TRANSPORTATION PLANNING AGENCY FOR FUNDING UNDER A TRANSPORTATION ALTERNATIVES PROGRAM GRANT FOR THE CONSTRUCTION OF A MULTI-USE TRAIL ON THE WEST SIDE OF CLEAR LAKE; AGREEING TO FUND THE CITY S SHARE OF PROJECT DELIVERY AND THE ONGOING MAINTENANCE AND OPERATIONS EXPENSES OF THE PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No

6 CITY COMMISSION AGENDA PAGE 6 The City of West Palm Beach is looking to enhance non-motorized transportation options throughout the City. As part of the City s Mobility Plan and Bicycle Master Plan, the City has identified a proposed network of bicycle and pedestrian facilities that are intended to provide safe and convenient non-motorized transportation routes in different areas of the City. One of the primary connections proposed on the City s non-motorized transportation network is on the west side of Clear Lake. The City would like to complete a 10-foot-wide multi-use trail on the west side of Clear Lake that will connect from Palm Beach Lakes Blvd to Okeechobee Blvd. The proposed connection will provide safe and convenient bicycle and pedestrian access for over 3,700 residential units and several commercial areas into downtown West Palm Beach. In order to construct this trail, the City desires to apply for a Transportation Alternatives (TA) grant from the Florida Department of Transportation through the Palm Beach Transportation Planning Agency (TPA), for grant funds in an amount up to $1,000,000 which would provide monies for the construction of the Clear Lake multi-use trail. On February 20, 2018, City Staff presented this project to the City Commission as part of a Mayor/Commission Work Session and the City Commission determined that it was in the best interest of the City to apply for this grant. If the City is awarded these grant funds, the monies will not be available until the summer of If the project is granted a Local Initiatives grant, the City shall be required to appropriate such funds as necessary to design, permit, perform utility work and manage the construction, and to be reimbursed for construction costs; and to appropriate funds for the continued maintenance of the project. If the grant is awarded, the grant agreement will be brought back to the City Commission for approval. 14. Resolution No approving the Parker Water Tank Public Art Project, a public art element for the water tank at 440 Parker Avenue; directing the issuance of a Call to Artists, and authorizing $35,000 of AiPP Funds for the work of art; and Resolution No (F) appropriating the funds. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE PARKER AVENUE WATER TANK PROJECT AND DIRECTING A CALL TO ARTISTS; APPROVING THE USE OF ART IN PUBLIC PLACES FUNDS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES RESOLUTION NO (F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2017/2018 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF

7 CITY COMMISSION AGENDA PAGE 7 AMENDING THE ART IN PUBLIC PLACES CAPITAL PROJECT FUND BUDGET TO PROVIDE APPROPRIATIONS FOR THE PARKER AVENUE WATER TANK PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No and Resolution No (F). Section of the Code of Ordinances provides that for eligible public projects, the AiPP Committee shall recommend, for approval by the City Commission, whether the public project should include a work of art or historic or cultural element. On March 7, 2018 the AiPP Committee voted to recommend to the City Commission the allocation of $35,000 for the creation of an original artwork to be installed on the City's Water Tank at 440 Parker Avenue (Parker Water Tank Public Art Project). Section of the Code further provides that if approved by the City Commission, the AiPP Committee shall, with the assistance of City staff, conduct a call to artists for proposals for works of art to be incorporated into the project within the budget and in compliance with the art in public places master plan. The City Commission shall have the final decision of the selection of the artist and the selection of the artwork. The Art in Public Places (AiPP) program will facilitate a National Call to Artists to commission one artist and/or team to design and install the Parker Water Tank Public Art Project. The Call would stipulate that the selected artist must have at least one workshop with the community to assist the artist in developing the artwork based on the community's input. The artist/team would work closely with the AiPP Coordinator and Public Utilities Department to ensure that all codes and processes are met. Three short-listed artists will be short-listed for final presentations to the AiPP. The artists/artist team selected and proposed artwork would be recommended by the AiPP Committee for approval by the City Commission, in accordance with the AiPP Ordinance. The AiPP Committee requests $35,000 from the AiPP funds for the Parker Water Tank Public Art Project to be used as follows: --The three short-listed artists/teams to receive a fee of $500 for the costs of development of the final presentation and travel. --The remaining balance of $33,500 will cover the costs of design, materials, installation and the artist's fee. Resolution No authorizes the Parker Water Tank Public Art Project and issuance of a Call to Artists, and authorizes the use of $35,000 is AiPP funds for the Project. Resolution No (F) allocates $35,000 from the AiPP funds for the Parker Water Tank Public Art Project

8 CITY COMMISSION AGENDA PAGE 8 COMMISSION DISTRICT: The Parker Water Tank Public Art Project is located in Commission District Number 5 - Christina Lambert. Fiscal Note: Upon approval, approximately $343,200 will be available in the Reserve for Future Projects account in AiPP Fund Resolution No waiving a potential conflict of interest relating to Holland and Knight's representation of GGT Flagler Limited Partnership in zoning matters for 1515 S. Flagler Drive and of the City in unrelated matters. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, WAIVING A POTENTIAL CONFLICT OF INTEREST RELATING TO HOLLAND AND KNIGHT LLP'S REPRESENTATION OF GGT FLAGLER LIMITED PARTNERSHIP IN ZONING MATTERS FOR DEVELOPMENT OF 1515 S. FLAGLER DRIVE AND ITS REPRESENTATION OF THE CITY IN UNRELATED MATTERS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Holland & Knight LLP represents the City of West Palm Beach in litigation related to preservation of Grassy Waters Preserve and acts as lobbyist in both state and federal matters. In September 2015, the City executed a waiver of potential conflict for the firm to Great Gulf Enterprises, Inc., in connection with the acquisition of property located at 1515 S. Flagler Drive and regarding a zoning matter as that matter was unrelated to the work being handled by the firm and after certifying such representation would not adversely impact the firm s representation of the City of West Palm Beach. GGT Flagler Limited Partnership has acquired the 1515 S. Flagler Drive property and the firm would like to represent GGT Flagler Limited Partnership and its affiliates in connection with the development of the residential condominium project to be located at 1515 S. Flagler Drive, including land use and zoning issues that may come before the City relating to the project. The firm requests that the City waive the potential conflict and have stated that they are able to provide competent and diligent representation to both the City in unrelated matters and GGT Flagler Limited Partnership in the matters described herein. The firm has also agreed that it will not represent GGT Flagler Limited Partnership in any formal litigation or similar adversarial proceedings against the City, and if the matter it expects to handle for GGT Flagler Limited Partnership become adversarial, it will withdraw as counsel for GGT Flagler Limited Partnership. The firm has also sought consent from GGT Flagler Limited Partnership and GGT Flagler Limited Partnership has agreed to waive this potential conflict under the conditions outlined herein. The commission is authorized to waive potential conflicts of interest in unrelated matters

9 CITY COMMISSION AGENDA PAGE 9 or transactions that will not adversely affect counsel's representation of the city pursuant to authority granted in Chapter 2 (Administration), Section (Qualifications, Term), of the Code of Ordinances of the City of West Palm Beach (the Code ). 16. Resolution No (F) accepting and appropriating funds raised by the West Palm Beach Library Foundation in the amount of $57, from various granting agencies and funders to support programming opportunities at the Mandel Public Library of West Palm Beach. RESOLUTION NO (F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2017/2018 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 AND THE GRANT PROGRAMS SPECIAL REVENUE FUND BUDGETS TO PROVIDE FOR A CONTRIBUTION FROM THE WEST PALM BEACH LIBRARY FOUNDATION FOR VARIOUS PROGRAMMING OPPORTUNITIES AT THE MANDEL PUBLIC LIBRARY OF WEST PALM BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No (F) In order to support fundraising activities to assist in funding enhanced services at the Mandel Public Library of West Palm Beach, in Resolution No the Commission authorized the Mayor to execute an agreement between the City of West Palm Beach and the West Palm Beach Library Foundation Inc., allowing the Foundation to solicit donations for the Mandel Public Library of West Palm Beach. The Library strives to provide unique programming for citizens of all ages in West Palm Beach such as health and fitness classes, art classes, computer workshops, homework help and so much more. The West Palm Beach Library Foundation recently raised or was provided funding for a total of $57,800 to continue many of the Library's popular programming initiatives, including the below: -FTI Great Charity Challenge and individual funders, $17,000: To continue the library's "Summer Academy" for Elementary Age Children. Funding will cover teacher hours, supplies, materials and books. Sara Beth Mullens Memorial and individual funders, $10,500: To cover additional teacher hours for the teacher salaries for the Teen Homework Center. Multiple individual funders, $10,300: To continue the library's adult educational programming including a 3-week Geneology Series, technology

10 CITY COMMISSION AGENDA PAGE 10 classes, updating DIY studios, and other workshops and classes. -More Hill Foundation, $20,000: Funding will allow the library to bring back the Science Projects 101 and STEAM family programming, including instructors, new laptops for Kids Can Code, general supplies, and library materials and to continue the Dog Tales program by providing funding to hire a page for the summer, as well as library materials and gift books for kids visiting the library during the summer. Fiscal Note: Approval will provide $57,800 for various programming at the Mandel Public Library. COMMENTS FROM THE PUBLIC FOR NON-AGENDA ITEMS: RESOLUTIONS (17-20) 17. Resolution No approving the Local Housing Assistance Plan (LHAP) for Program Years 2018, 2019, and A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR PROGRAM YEARS , , AND ; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS AND CERTIFICATIONS NECESSARY FOR SUBMISSION OF THE LHAP FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing. The State Housing Initiatives Partnership (SHIP) Program is a State of Florida entitlement grant program that provides these funds to local governments to produce and preserve housing opportunities to serve very low to moderate income families. To be eligible for SHIP funds, pursuant to Secs , Florida Statutes, and Rule 67-37, Florida Administrative Code, entitlement communities must prepare a Local Housing Assistance Plan (LHAP) outlining its strategy for the use of the funds and submit the Plan to the Florida Housing Finance Corporation for review and approval by May 2nd.

11 CITY COMMISSION AGENDA PAGE 11 The Housing and Community Development Department has prepared a three-year Local Housing Assistance Plan for program years , , and (Attached). The strategies outlined in the proposed LHAP, along with the proposed funds allocation, include, but are not limited to: --- Housing Preservation Strategy - designed to assist owner-occupied residential properties. The strategy will to provide financial assistance to homeowners to address repair/construction items that compromise the life, health, and/or safety of the household. --- Multi Family Rental Housing Strategy - designed to promote the production of affordable multi-family rental housing in the City. --- Home Purchase Assistance Strategy - created to assist eligible homebuyers with a deferred payment loan to be applied towards the costs of purchasing existing or newly constructed eligible affordable housing. --- Rapid Rehousing Strategy - created to assist individuals or families who require temporary rental assistance in order to avoid homelessness. The LHAP further establishes an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act. Resolution No approves the proposed LHAP and authorized submittal to the Florida Housing Finance Corporation. Additionally, Section (7), Fla. Stat. provides that only five percent of the local housing distribution plus five percent of program income may be used for administrative costs unless the governing body finds, by resolution, that such sum is insufficient to adequately pay the necessary costs of administering the plan; and in that event, eligible municipalities receiving a local housing distribution of up to $350,000 may use up to ten percent of each fund for administrative costs. Resolution No also finds that the necessary costs of administering the LHAP for the City of West Palm Beach exceeds five percent of the local housing distribution plus five percent of program income and provides for use of ten percent of each fund for administrative costs. Fiscal Note: Funding to be received from the State SHIP program. 18. Resolution No authorizing the submittal of the Local Initiative grant application to the Florida Department of Transportation (FDOT) through the Palm Beach Transportation Planning Agency (TPA) to fund construction of a complete streets design for Parker Avenue from Forest Hill Boulevard to Nottingham Boulevard

12 CITY COMMISSION AGENDA PAGE 12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION THROUGH THE PALM BEACH TRANSPORTATION PLANNING AGENCY FOR FUNDING UNDER A LOCAL INITIATIVES GRANT FOR CONSTRUCTION OF COMPLETE STREETS DESIGN ON PARKER AVENUE FROM FOREST HILL BOULEVARD TO NOTTINGHAM BOULEVARD; AGREEING TO FUND THE CITY S SHARE OF PROJECT DELIVERY AND THE ONGOING MAINTENANCE AND OPERATIONS EXPENSES OF THE PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The scope of work consists of widening of Parker Avenue to provide complete streets design with emphasis on bicycle facilities and improving pedestrian accessibility to schools and other community services. This project will enhance safety for all modes of transportation and will significantly improve the aesthetics which serves as a gateway to the City. In addition, lighting and landscaping is proposed to enhance the quality of life and safety of our community. This project is identified on the draft bicycle masterplan and the City s capital improvement plan project list. It is estimated that notification of award will be Fall If awarded, the grant funds for the Local Initiatives program will be available no earlier than COMMISSION DISTRICT: District 5- Commissioner Christina Lambert Fiscal Note: $6, is identified in the 2018 CIP for 1% Sales Tax. 19. Resolution No granting "Face of the City" approval of above-ground design features in connection with the improvements for the Gregory Road Green Streets Stormwater Retrofit project located between S. Olive Avenue and S. Flagler Drive, including Gregory Place. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING AND APPROVING THE ABOVE- GROUND DESIGN FEATURES PRESENTED TO THE CITY COMMISSION FOR THE IMPROVEMENTS IN CONNECTION WITH THE GREGORY ROAD GREEN STREETS STORMWATER RETROFIT PROJECT

13 CITY COMMISSION AGENDA PAGE 13 LOCATED BETWEEN S. OLIVE AVENUE AND S. FLAGLER DRIVE, INCLUDING GREGORY PLACE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Section of the City of West Palm Beach Code of Ordinances requires City Commission approval of design features for above-ground changes involving streets, parks, buildings, or landscaping. Accordingly, the proposed improvements on Gregory Road and Gregory Place (the "Project") require Face of the City approval. On October 4, 2016, the City accepted a Cooperative Funding grant from the South Florida Water Management District (SFWMD) in the amount of $27,500 to fund the Gregory Road Green Streets Stormwater Retrofit project (Resolution No , Agreement No ). In accordance to the term of the grant agreement, the implementation costs of the matching grant in a total amount of $55,000 must be expended by September 30, In line with the 2016 Stormwater Master Plan, the key objective is to improve water quality throughout the City, specifically the Lake Worth Lagoon. Accordingly, retrofit of the speed reduction systems to explore the effectiveness of Low Impact Development (L.I.D.) techniques is suggested in the Stormwater Master Plan. The Project's specific objective is to reduce flooding in the Gregory Road residential area while providing innovative treatment benefits within the Lake Worth Lagoon basin. This project is a demonstration and pilot project for low impact development stormwater retrofits in the SFWMD. The Project involves installation of four (4) biocontainment structures in the offset tree pits on Gregory Road. The work also includes installation of six (6) storm inlets and approximately 680 linear feet of exfiltration trench on Gregory Place from S. Olive Avenue to the intersection of Gregory Road and Gregory Place, and the reduction of pavement width and milling and resurfacing of Gregory Place. The target schedule is July 2018 construction start (for a duration of 5 months) with expenditure of the matching grant funds no later than September 30, Funding for the Project will be provided from the Storm Water Series 2017A Construction Fund 48A. The cooperative funding grant from SFWMD is recognized in the Storm Water Utility Renewal and Replacement Fund 485. Resolution No approves the above ground design features for the stormwater improvements in connection with the Gregory Road Gregory Road Green Streets Stormwater Retrofit project. Fiscal Note:

14 CITY COMMISSION AGENDA PAGE 14 Project funding in Fund 48A is $858,689 and, Fund 485 is $27, Resolution No approving a grant of Utility Easement to Seacoast Utility Authority on City owned property at Fire Station No. 8, currently under construction at Northlake Boulevard. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, GRANTING A UTILITY EASEMENT TO SEACOAST UTILITY AUTHORITY AT FIRE STATION NO. 8, LOCATED AT NORTHLAKE BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution As part of the approval process for Fire Station No. 8 currently under construction at Northlake Blvd., the County has required the City to deed an additional 25 feet of right-of-way for the future widening of Northlake Blvd. Prior to the transfer, the City is being required to abandon existing utility easements lying within the 25 feet right of way. Seacoast Utility Authority, which is the provider of water and sewer in Palm Beach Gardens, currently has an easement within this 25-ft area. The County will not issue the right of way permit for the construction of Fire Station No. 8 unless this existing easement is abandoned. In order to abandon the required easements, the City needed to obtain the consent of Seacoast Utility Authority. Seacoast requires a replacement easement in exchange for the easement being abandoned before it will consent to the abandonment. Resolution No grants a replacement utility easement to Seacoast, which will facilitate the abandonment of the existing easements. COMMISSION DISTRICT: The subject property is located adjacent to Commission District No. 4 - Commissioner Keith A. James. Fiscal Note: No fiscal impact PUBLIC HEARING (21): 21. Public Hearing and Second Reading of Ordinance No amending Code of Ordinances at Chapter 94, the Zoning and Land Development Regulations, at Article IV-Downtown Master Plan, to remove the requirement for ground floor retail uses along certain portions of Clematis Street and Rosemary Avenue.

15 CITY COMMISSION AGENDA PAGE 15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES AT CHAPTER 94 - ZONING AND LAND DEVELOPMENT REGULATIONS, ARTICLE IV - DOWNTOWN MASTER PLAN URBAN REGULATIONS, TO REMOVE THE REQUIREMENTS FOR GROUND FLOOR RETAIL USES ALONG CERTAIN PORTIONS OF CLEMATIS STREET AND ROSEMARY AVENUE; SPECIFICALLY AMENDING SECTION USE REQUIREMENTS; TABLE IV-1: PERMITTED USE TABLE FOR DMP; AND TABLE IV-2: PERMITTED USE TABLE FOR DMP; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: APPROVE Ordinance No amending the Zoning and Land Development Regulations at Article IV- Downtown Master Plan, to remove the ground floor retail requirement for all properties: 1) fronting Rosemary Avenue south of Clematis Street; 2) fronting Clematis Street between Rosemary Avenue and Narcissus Avenue; 3) fronting North Clematis Street and South Clematis Street. This motion is based on the factual testimony presented, the staff report, the recommendation of the Downtown Action Committee, the Planning Board, and the findings that the amendment is consistent with the Comprehensive Plan and complies with the standards found in Section of the City's Zoning and Land Development Regulations. Since the City s foundation, Clematis Street has been the heart of the community. Historic pictures found in archives depict a vibrant commercial street, with stores serving all type of resident s needs, making Clematis street the commercial center of the town. Clematis Street was also a public space, where significant public events took place. Since its foundation the street has changed substantially, suffering a significant decline after residents and businesses started moving to the suburbs in the 1960's. In the 1990 s, a revitalization process took place with the first streetscape project constructed, and the construction of the centennial fountain. At the time of the project, the street was still suffering the consequences of the suburban expansion, and buildings previously occupied by important stores such as Burdines remained vacant. By the mid-1990 s, some national chains occupied important locations along Clematis Street (Banana Republic at 312 Clematis St and the Gap at 230 Clematis St), and several restaurants attracted a vibrant night scene. With the opening of CityPlace in 2000, the national chains moved to the newer development, and Clematis started a new process to reinvent itself. In more recent years the night club scene increased, creating undesirable security conditions for the street and forcing the City to restrict the number of alcoholic beverage establishments allowed along the street. The issues with the night club scene have improved, but the street is still having some difficulty attracting new stores and restaurants to occupy the vacant spaces.

16 CITY COMMISSION AGENDA PAGE 16 The current Downtown Master Plan Section (d)(1)c. includes specific regulations that requires ground floor retail uses for all the properties with frontage along Rosemary Avenue south of Clematis Street, Clematis Street between Rosemary Avenue and Narcissus Avenue, and north and south Clematis Street. Along required retail frontages, retail uses shall occupy the minimum required percentage of active uses and the minimum active use liner depth. Retail uses are defined by Section as any store, merchant or organization selling merchandise, goods or food to the general public on the premises. Retail establishments shall not include other commercial or office uses such as, but not limited to, attorneys, insurance agencies, brokerages, real estate, travel agents, banks, and other professional offices. The current regulation was proposed by the original Downtown Master Plan (DMP), adopted in 1995, with the intent to consolidate and protect the original character of Clematis Street as a destination street that attracts visitors from the City and the surrounding area. At that time, the ground floor activity throughout downtown was scarce, and the intention was to create an attractive street to bring people back to downtown. Since the draft of the 1995 DMP, the downtown area has substantially changed and its attraction has expanded beyond Clematis Street. While during the early years of the downtown redevelopment process Clematis Street was the destination, currently there are other important attraction points throughout downtown, such as Evernia Street at the Whitney building, Fern Street around the new park at Dixie Highway, CityPlace, and the new Sunset Lounge currently under renovation. The redeveloped downtown is growing as a district, with activity throughout the whole area and the dynamism of a real mixeduse area. In the last 23 years, the downtown has increased its total number of residential units from 2,689 units to 6,753 units in 2017, with 810 new units currently under construction. However, despite the increase in population and the new activity downtown, Clematis Street has not been able to recreate the retail activity envisioned by the original DMP. Over the years, Clematis Street has struggled with vacancy rates above 10%, and the vacancy rate is currently at 20.5 % as measured by the linear frontage along the street. In addition, the new on-line retail trend is making more difficult the establishment of the traditional retail stores. With this condition in mind and the vision of a larger activity center, staff is recommending removing the retail requirement for the Clematis Street and Rosemary Avenue frontage and letting the market work freely on the allocation of tenants along the Street. The removal of the retail requirement does not mean the City has abandoned the idea of Clematis Street as an iconic street, but to the contrary it is now working on different strategies to reinforce its character. The City s approach is now focused on creating a

17 CITY COMMISSION AGENDA PAGE 17 street that provides an experience attractive enough for tenants looking for a vibrant pedestrian experience. Undergoing projects that will support the strategy include the proposed streetscape improvements for Clematis Street intended to substantially enhance the quality of the public realm along Clematis Street, and the renovation of 314 Clematis Street into an "urban living space" that will house small retail spaces and a restaurant. The proposed changes to the zoning regulation will allow other uses, such as creative office space, to occupy the ground floor along Clematis Street and Rosemary Avenue, providing the needed market flexibility, and new occupants for the commercial spaces. PUBLIC ENGAGEMENT: The City presented the item for discussion to different stakeholders during a meeting at the Downtown Development Authority office on October 11, 2017, and to different downtown merchants during their meetings on December 20, 2017, and February 1, At the merchant's meeting, Raphael Clemente, Executive Director of the Downtown Development Authority, expressed his support for the proposed changes. Staff also presented the proposed changes to the Chamber of Commerce of the Palm Beaches on January 9, 2018, and the proposal was well received. DOWNTOWN ACTION COMMITTEE: The DAC recommended approval (7-0) of the request described herein at their January 10, 2018 public hearing. PLANNING BOARD: The PB recommended approval (7-0) of the request described herein at their February 20, 2018 public hearing. PUBLIC NOTICE: Ordinance was advertised in the Palm Beach Post on April 18, COMMISSION DISTRICT: The properties affected for the proposed amendment are located within Commission District No. 3- Commissioner Paula Ryan. PUBLIC HEARING QUASI JUDICIAL (22-24): DISCLOSURE OF EX PARTE COMMUNICATIONS, IF ANY* SWEARING IN OF WITNESSES 22. Public Hearing and Second Reading of Ordinance No removing the historic designation of the Nurses Residence at 300 Palm Beach Lakes Boulevard from the local West Palm Beach Register of Historic Places. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, REMOVING THE HISTORIC DESIGNATION OF THE NURSES RESIDENCE, LOCATED AT 300 PALM BEACH LAKES BOULEVARD FROM THE WEST PALM BEACH REGISTER OF HISTORIC PLACES, REPEALING ORDINANCE ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

18 CITY COMMISSION AGENDA PAGE 18 Agenda Cover Memorandum No.: Approve Ordinance No , removing the historic designation of the Nurses Residence at 300 Palm Beach Lakes Boulevard from the local West Palm Beach Register of Historic Places. This motion is based upon the recommendation of the Historic Preservation Board, the factual testimony presented, the application submitted, the staff report, and the finding that the criteria set forth in Sec of the Zoning and Land Development Regulations have been met. The structures located at 300 Palm Beach Lakes Boulevard are known as the Mae C. Rovensky Nurses Residence in honor of the woman whose fortune made their construction possible. The original structure at the southwest corner of Palm Beach Lakes Boulevard was designed by John Volk in the mid-century modern style of architecture popular at the time and constructed by Wood and Powell, Inc. in A later addition was built to the west of the structure in The buildings are connected through covered walkways at multiple levels. The buildings were constructed, as the name implies, to house nurses that worked at the Good Samaritan hospital across the street across the street to the north. The building has been sold several times over the last few years. In 2007, a previous owner removed the exterior skin of the structure. In 2012, the former owner of the property had accrued approximately $483,000 in liens and fines against the property. On April 2, 2012, the City Commission adopted Resolution No which created a mechanism whereby Code Enforcement Liens would be released if certain conditions were met. The owners at the time paid the City $100,000 in settlement of the liens and placed another $60,000 in escrow. Certain benchmarks were established in order to have the liens reduced (submit a building permit, achieve substantial completion, obtain a Certificate of Completion) and, unfortunately, the owner failed to meet the requirements and no work ever began on the property. On February 26, 2013, the owner requested to designate this structure with the condition that it be reconstructed within two years so that they could utilize the Ad Valorem Tax Abatement program. The property changed hands again and that owner also failed to move forward and the property continued to remain an eyesore within the downtown. In the spring of 2015, the movement to de-designate started and the property has switched hands several times since then. The City Commission recently rezoned the property to allow future construction to increase in height from two to five stories. With the increased incentive, yet another new owner has purchased the property and they are desirous of demolishing the current shell of a building and moving forward with a five story medical office development of approximately 53,721 square feet. Therefore, this application for de-designation was presented to the Historic Preservation Board on February 27, 2018, and they voted 7-0 in favor of de-designation. The subject property is in Commission District 3, Commissioner Paula Ryan.

19 CITY COMMISSION AGENDA PAGE 19 Fiscal Note: No fiscal impact. 23. Public Hearing and Second Reading of Ordinance No approving the designation of 313 Datura Street on the West Palm Beach Local Register of Historic Places. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, DESIGNATING 313 DATURA STREET, AS AN HISTORIC PROPERTY ON THE WEST PALM BEACH REGISTER OF HISTORIC PLACES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Ordinance No , designating 313 Datura Street, as an Historic Site on the West Palm Beach Register of Historic Places. This motion is based upon the recommendation of the Historic Preservation Board, the factual testimony presented, the application submitted, the staff report, and the finding that the criteria set forth in Sec of the Zoning and Land Development Regulations have been met. The property at 313 Datura Street, once home to the Halsey & Griffith office supply store, is a three-story commercial building of hollow clay tile construction originally designed by the architectural firm of Harvey & Clark. Later midcentury modifications added steel framing to support the installation of concrete floors. The building is positioned on the north side of Datura, and although currently flanked on the west, south and east elevations by parking lots, it historically was surrounded by other commercial businesses. Once restored, this commercial building will reflect integrity of design, workmanship, feeling and association. 313 Datura Street is eligible for listing on the West Palm Beach Register of Historic Places as an example of a long-time locally owned business and a former example of the Spanish Revival style applied to commercial architecture. It meets Criteria A and C as defined in Article IV, Section 1 of the Historic Preservation Ordinance ( ). Specifically, the building is at least 50 years old; it is associated with events that have made a significant contribution to the broad patterns of the City s history; and it embodies the distinctive characteristics of a type, period or method of construction, or that represent the work of a master. The Historic Preservation Board approved this application at their March 27, 2018 meeting. Fiscal Note: no fiscal impact 24. A two part request by the City of West Palm Beach Community Redevelopment Agency, for the following:

20 CITY COMMISSION AGENDA PAGE 20 Public Hearing and First Reading of Ordinance No : Regarding the approval of text amendments to various sections of the Zoning and Land Development Regulations to institute new regulations for the Northwood Mixed Use District. Public Hearing and First Reading of Ordinance No : Regarding a Zoning map amendment to rezone the properties located within the Northwood Mixed Use District from Northwood Mixed Use District Types I, II and III to Northwood Mixed Use District. Ordinance No : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST PALM BEACH, FLORIDA, AT CHAPTER 94, ZONING AND LAND DEVELOPMENT REGULATIONS, TO INCORPORATE NEW REGULATIONS FOR THE NORTHWOOD MIXED-USE DISTRICT IN SECTION 94-4, ZONING DISTRICTS ESTABLISHED, RELATIONSHIP TO LAND USE CATEGORIES IN COMPREHENSIVE PLAN, SECTION , MIXED-USE DISTRICT, SECTION , NORTHWOOD MIXED-USE DISTRICT, SECTION , PERMITTED USE TABLE AND SECTION , EXTRA REQUIREMENTS FOR SPECIAL USES OR PERMITTED USES; REPEALING SECTION , NORTHWOOD MIXED- USE DISTRICT BUILDING TYPE I, SECTION , NORTHWOOD MIXED- USE DISTRICT BUILDING TYPE II, SECTION , NORTHWOOD MIXED- USE DISTRICT BUILDING TYPE III, AND SECTION , NORTHWOOD MIXED-USE DISTRICT RESIDENTIAL INCENTIVE PROGRAM; DELETING SPECIFIC DEFINITIONS IN SECTION , DEFINITIONS; DECLARING THIS AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Ordinance No : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE ZONING MAP OF THE CITY OF WEST PALM BEACH BY REZONING APPROXIMATELY 35 ACRES, GENERALLY BOUNDED ON THE NORTH BY THE ALLEY NORTH OF 25TH STREET, DIXIE HIGHWAY TO THE EAST, 23RD STREET TO THE SOUTH, AND THE F.E.C. RAILROAD RIGHT-OF- WAY TO THE WEST, FROM NORTHWOOD MIXED-USE DISTRICT BUILDING TYPE I, NORTHWOOD MIXED-USE DISTRICT BUILDING TYPE II, AND NORTHWOOD MIXED-USE DISTRICT BUILDING TYPE III TO NORTHWOOD MIXED-USE DISTRICT; DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; REVISING THE ZONING MAP OF THE CITY ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

21 CITY COMMISSION AGENDA PAGE 21 Agenda Cover Memorandum No.: APPROVE Ordinance No , amending various sections of the Zoning and Land Development Regulations to institute new regulations for the Northwood Mixed-Use District. This motion is based upon the factual testimony presented, the application submitted, the staff report, the recommendation of the Planning Board, and the findings that the amendment is consistent with the Comprehensive Plan and complies with the standards found in Section of the City s Zoning and Land Development Regulations. APPROVE Ordinance No , a Zoning map amendment to rezone the properties located within the Northwood Mixed-Use District from Northwood Mixed-Use District Types I, II and III to Northwood Mixed Use District. This motion is based upon the factual testimony presented, the application submitted, the staff report, the recommendation of the Planning Board, and the findings that the amendment is consistent with the Comprehensive Plan and complies with the standards found in Section of the City s Zoning and Land Development Regulations. STANDARDS: The Planning Division has determined that all of the text amendments and the Zoning map amendment are in compliance with all eight (8) of the standards found in Section of the City s Zoning and Land Development Regulations. Compliance with all of the above-referenced standards has been detailed in Attachment 1 Planning Board Staff Report. PLANNING BOARD: The Planning Board recommended approval (6-0) of this request to the City Commission after a Public Hearing on August 15, ANALYSIS: Redevelopment Management Associates (RMA), on behalf of the Community Redevelopment Agency (CRA), conducted public outreach in 2014 to develop a strategy and consensus for the redevelopment of the North End Community Redevelopment Area, which includes the Northwood Mixed-use District (NMUD). The Northwood Mixed-use District contains approximately 35 acres and is generally bounded on the north by the alley north of 25th Street; Dixie Highway to the east; 23rd Street to the south; and the F.E.C. Railroad Tracks to the west. On February 11, 2015, the CRA held a kick off meeting in the community for the NMUD to get specific input on the purpose of the district, allowable heights, uses, parking, historic preservation and expected public benefits. As part of the review of the existing NMUD regulations, RMA determined that the existing building typology allowances were not financially feasible for development to occur. RMA used the framework

22 CITY COMMISSION AGENDA PAGE 22 established for the Currie Mixed-use District (CMUD) in 2014 as a base for the proposed NMUD regulations. The proposed changes require text amendments (Ordinance No ) and a zoning map amendment (Ordinance No ). The proposed zoning code text amendments and rezoning discussed below carry out the intent of the master planning efforts for the NMUD and implement the changes being made to the Comprehensive Plan as part of Ordinance No Ordinance No Zoning Code Text Amendments The changes to the NMUD regulations require amendments to multiple sections of the Zoning and Land Development Regulations (ZLDR) as listed below: 1. General revisions to ZLDR Section 94-4 to update the nomenclature for the zoning districts within the City based on the NMUD amendments. 2. Revisions to ZLDR Section , Mixed-use Districts (MU), to further clarify the development standards applicable to all mixed-use districts within the City Currently, the changes to the MU district regulations apply to both the CMUD the NMUD. The regulations will apply to the Broadway Mixed-use District (BMUD) in the near future when the BMUD regulations are updated. 3. Revisions to ZLDR Section , Northwood Mixed-use District to completely rewrite the regulations for NMUD. In addition to the code language, the regulations establish a set of regulating plans and diagrams designed to aid in guiding the development of NMUD in accordance with the master plan for the district. Outlined below are the main elements of the text amendment: a. Sub-areas A regulating plan divides the NMUD into three (3) sub-areas: Core, Transition, and Edge. The highest intensity development within the NMUD has been allocated to the Core Sub-area on the western portion of the district adjacent to the railroad tracks. The development intensities shall then gradually decrease from the Core to the Transition Sub-area and then further decrease to the Edge Sub-area which is characterized by lower scale buildings. b. Building Heights A regulating plan depicts the maximum heights as of right within each sub-area ranging from three stories to six stories. The building heights regulating plan also provides for two stories of height bonuses for specified locations within the Core and Transition sub-areas. Specific details on height bonus requirements are detailed within the regulations and include height bonuses for constructing public open space or contributing to the Historic Preservation Fund. c. Designated Public Open Space and Urban Greenways A