City Commission Agenda Cover Memorandum

Transcription

1 City Commission Agenda Cover Memorandum Originating Department: City Clerk (CC) Meeting Type: Regular Agenda Date: 03/27/2017 Advertised: Required?: Yes No ACM#: Subject: Minutes of the Regular City Commission Meeting of February 27, Ordinance/Resolution: Staff Recommended Motion: Approve the Minutes of the Regular City Commission Meeting held on February 27, Background: Fiscal Note Current Year: Annualized: Budgeted: Unbudgeted: Funding Source: Comment: No fiscal impact. Electronic Attachments: Click here for assistance with naming convention. Is this ACM related to a Grant? Yes No Is this ACM related to Housing? Yes No Originating Department - Approved by: Hazeline Carson on 03/03/ /03/2017 Asst. City Administrator

2 AGENDA COVER MEMORANDUM Page 2 C.M. # Date: Return to Agenda

3 CITY OF WEST PALM BEACH OFFICE OF THE CITY CLERK REGULAR CITY COMMISSION MEETING FEBRUARY 27, 2017 The City Commission of the City of West Palm Beach met in regular session on Monday, February 27, 2017 at 5:00 p.m., at City Hall, with the following persons present: Mayor Geraldine Muoio, President of the Commission Shanon Materio, Commissioner Keith James, Commissioner Sylvia Moffett, Commissioner Cory Neering and Commissioner Paula Ryan, City Administrator Jeff Green, City Attorney Kimberly Rothenburg and City Clerk Hazeline Carson. INVOCATION: Mayor Muoio requested a moment of silence. PLEDGE OF ALLEGIANCE: Commissioner Materio led the Pledge of Allegiance. Mayor Muoio said that those who are here to talk on the immigration policy, that policy will not be addressed this evening. 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, Sections 2-31(8), 2-31(18) and 2-31(22), provides in pertinent part: 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): 1. Presentation to City Commission for Westward Park. Penelope Redford, Sustainability Manager, and Suzanne Berglund, Engineering Services Project Manager, presented this item. Ms. Redford provided an update on the work that has been done at Westward Park.

4 Regular City Commission Meeting Page No. 2 Ms. Berglund provided an update on the work done so far in the park and discussed the following: the fence replacement; pressure cleaning; sidewalk and concrete repair; irrigation/miscellaneous additions; 2016 improvement cost of $422,900; ongoing maintenance cost of $54,960 per year; approved upcoming projects; and future work. Ms. Redford discussed the community call to action to help keep the park beautiful. Mayor Muoio said that it is also part of the Palm Beach County Urban League Green Team initiative. Commissioner Ryan asked about the campaign with Westward Elementary School. She also asked that they bring in Roosevelt Middle School as part of the campaign. Commissioner Neering asked about the material to be used for the fence. Ms. Berglund said that she will provide that information and showed a picture of the previous fence compared to the current fence. Commissioner Materio asked about the lighting. Ms. Redford responded that there is no lighting as the park is closed at night. She said that they are looking at the lighting on the upper level of the Park. Commissioner Moffett suggested involving Roosevelt Elementary School and Roosevelt Middle School in the poster contest. ADDITIONS / DELETIONS / REORGANIZATION OF AGENDA: There were none. RECEIVED / FILED: There were none. CONSENT CALENDAR (2-24): Motion was made by Commissioner James, seconded by Commissioner Materio, to approve the following Consent Calendar: 2. Cancellation of the Regular City Commission Meeting of March 13, Resolution No authorizing a $42, settlement reached in the workers' compensation claims of John Bean.

5 Regular City Commission Meeting Page No. 3 WEST PALM BEACH, FLORIDA, AUTHORIZING A SETTLEMENT AGREEMENT REACHED IN THE WORKERS' COMPENSATION CLAIMS OF JOHN BEAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 4. Resolution No authorizing $60,000 settlement reached in the workers' compensation claim of Edward Thomas. WEST PALM BEACH, FLORIDA, AUTHORIZING A SETTLEMENT AGREEMENT REACHED IN THE WORKERS COMPENSATION CLAIM OF EDWARD THOMAS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 5. Resolution No (F) appropriating funds in the amount of $37,800 from the Mandel Foundation obtained by the West Palm Beach Library Foundation for the Mandel Public Library of West Palm Beach to assist in providing public relations and marketing services. WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 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 BUDGET TO PROVIDE APPROPRIATIONS FOR A CONTRIBUTION FROM THE WEST PALM BEACH LIBRARY FOUNDATION FROM THE MANDEL FOUNDATION TO ASSIST IN PROVIDING PUBLIC RELATIONS AND MARKETING SERVICES FOR THE MANDEL PUBLIC LIBRARY OF WEST PALM BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 6. Resolution No approving a sponsorship agreement with Broadway Reinvestment Coalition, Inc. (BRIC) to produce the Northwood Mango Heritage Festival to be held on June 24, 2017 from 12:00 p.m. to 10:00 p.m. WEST PALM BEACH, FLORIDA, APPROVING A SPONSORSHIP AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND BROADWAY REINVESTMENT COALITION, INC. TO PRODUCE THE NORTHWOOD MANGO HERITAGE FESTIVAL TO BE HELD ON JUNE 24, 2017; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER Public comment was made by Michael Cleveland. 7. Resolution No (F) appropriating $64,000 for the State of Florida Department of Health Childcare Food Program (CCFP) to provide snacks during the City's after school programs.

6 Regular City Commission Meeting Page No. 4 WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 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 BUDGET TO PROVIDE APPROPRIATIONS FOR THE PURCHASE OF SNACKS FOR THE CHILDCARE FOOD PROGRAM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 8. Resolution No approving submittal of an application for an Initial Competitive Grant to Department of Health and Human Services, Office of Minority Health, Family and Community Violence Prevention Program. A RESOLUTION OF THE CITY COMMISSION OF CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING SUBMITTAL TO THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES OF AN APPLICATION FOR A FAMILY AND COMMUNITY VIOLENCE PREVENTION PROGRAM GRANT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 9. Resolution No approving a Revocable License with SOFLO Flyboarding LLC to operate a recreational flyboard program from the Clematis Dock at the City's Waterfront. WEST PALM BEACH, FLORIDA, APPROVING A REVOCABLE LICENSE BETWEEN THE CITY OF WEST PALM BEACH AND SOFLO FLYBOARDING LLC, FOR THE USE OF THE CLEMATIS DOCK FOR THE OPERATION OF A RECREATIONAL FLYBOARDING PROGRAM AT THE CITY'S WATERFRONT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 10. Resolution No authorizing submittal of a grant application for a Department of Homeland Security/FEMA Assistance to Firefighters Grant. WEST PALM BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY (DHS), FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR A GRANT UNDER THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM TO PURCHASE SPECIFIC EQUIPMENT AND PROVIDE TRAINING COURSES; PROVIDING AN EFFECTIVE DATE AND FOR OTHER 11. Resolution No authorizing the Mayor to execute an Agreement

7 Regular City Commission Meeting Page No. 5 for Traffic Control and Enforcement between the City of West Palm Beach and Point Verde At Palm Beach Lakes Homeowners Association, Inc. WEST PALM BEACH, FLORIDA RELATING TO TRAFFIC CONTROL AND ENFORCEMENT OVER PRIVATE ROADS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR TRAFFIC CONTROL AND ENFORCEMENT BETWEEN THE CITY AND PONTE VERDE AT PALM BEACH LAKES HOMEOWNERS ASSOCIATION, INC.; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Public comment was made by Michael Cleveland. 12. Resolution No (F) amending the Fiscal Year 2016/17 Miscellaneous Trust Fund Budget to authorize appropriations of $33,000 from State Law Enforcement Forfeiture Receipts for the purchase of law enforcement equipment, specifically two (2) motorized personal transport devices, aka Segways. WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE MISCELLANEOUS TRUST FUND BUDGET TO PROVIDE APPROPRIATIONS FROM THE STATE LAW ENFORCEMENT FORFEITURE RECEIPTS FOR THE PURCHASE OF LAW ENFORCEMENT EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 13. Resolution No supporting the United States CDC and DOJ in their efforts to curtail the over-prescription of opiods through physician education, better risk assessment, and other means. WEST PALM BEACH, FLORIDA, SUPPORTING THE COMBINED EFFORTS OF THE UNITED STATES CENTER FOR DISEASE CONTROL AND PREVENTION ("CDC") AND THE DEPARTMENT OF JUSTICE ("DOJ") TO CURTAIL THE OVERPRESCRIBING OF OPIOIDS BY PHYSICIANS THROUGH MORE PHYSICIAN EDUCATION AS WELL AS BETTER RISK ASSESSMENT OF PATIENTS; STRENGTHENING OF PRESCRIPTION DRUG MONITORING PROGRAMS IN EVERY STATE; AND ENSURING SAFE DRUG DISPOSAL; SUPPORTING THE EFFORTS OF THE CITY-COUNTY NATIONAL TASK FORCE ON THE OPIOID EPIDEMIC TO PROVIDE EDUCATIONAL OPPORTUNITIES AND INFORMATION SHARING FOR CITIES AND COUNTIES; AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE

8 Regular City Commission Meeting Page No. 6 ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO EVERY CITY IN PALM BEACH COUNTY, TO THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, THE PALM BEACH COUNTY LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, GOVERNOR RICK SCOTT, STATE SENATOR BOBBY POWELL, STATE SENATOR JEFF CLEMENS, STATE REPRESENTATIVE BILL HAGER, THE NATIONAL LEAGUE OF CITIES, U.S. SENATOR BILL NELSON, U.S. SENATOR MARCO RUBIO, AND U.S. REPRESENTATIVE LOIS FRANKEL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 14. Resolution No approving license agreement between the City of West Palm Beach and The AREC Repeater Group, Inc., for the placement of an antenna and transmission lines on the City's communication tower located at 5801 Ernest Street. WEST PALM BEACH, FLORIDA, APPROVING THE LICENSE AGREEMENT FOR USE OF COMMUNICATIONS TOWER BETWEEN THE CITY OF WEST PALM BEACH AND THE AREC REPEATER GROUP, INC.; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 15. Resolution No (F) approving the replacement of the City Center parking access and revenue control equipment with the Amano McGann Opus system currently used in other City garages. WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE PARKING SYSTEMS OPERATING FUND BUDGET TO PROVIDE FUNDS FOR THE REPLACEMENT OF THE CITY CENTER PARKING GARAGE ACCESS AND REVENUE EQUIPMENT AND TO PROVIDE APPROPRIATIONS FOR THE EXPENDITURES; PROVIDING AN EFFECTIVE; AND FOR OTHER 16. Resolution No (F) amending the Fiscal Year 2016/2017 General Fund budget to recognize parking meter donation of $ for Martin Luther King Day, January 16, 2017 and appropriating the funds for a donation to the Martin Luther King Caregivers. WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH,

9 Regular City Commission Meeting Page No. 7 FLORIDA, FOR THE PURPOSE OF AMENDING THE GENERAL FUND BUDGET TO RECOGNIZE PARKING METER REVENUES AND PROVIDE APPROPRIATIONS FOR A DONATION TO MARTIN LUTHER KING CAREGIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 17. Resolution No authorizing contracts for master property insurance, water system property insurance, excess liability insurance, excess workers' compensation insurance, crime insurance, and miscellaneous insurance policies for policy year WEST PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING APPLICATION FOR AND EXECUTION OF ALL NECESSARY CONTRACTS FOR MASTER PROPERTY INSURANCE, WATER SYSTEM PROPERTY INSURANCE, EXCESS LIABILITY INSURANCE, EXCESS WORKERS' COMPENSATION INSURANCE, CRIME INSURANCE COVERAGE FOR THE PERIOD MARCH 1, FEBRUARY 28, 2018 AND MISCELLANEOUS INSURANCE COVERAGE, AS RECOMMENDED BY THE CITY'S INSURANCE BROKER, PRIA; AUTHORIZING PAYMENT OF ALL INSURANCE PREMIUMS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 18. Resolution No granting a Monitoring Well Permit related to 1117 Palm Beach Lakes Blvd. for the installation of one (1) monitoring well in a City alley between Palm Beach Lakes Boulevard and 13th Street WEST PALM BEACH, FLORIDA, GRANTING A MONITORING WELL PERMIT TO ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC. FOR THE INSTALLATION OF ONE MONITORING WELL IN THE 15 FOOT ALLEY DIRECTLY NORTH OF AND ADJACENT TO 1117 PALM BEACH LAKES BLVD.; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER 19. Resolution No approving an amendment to extend the Lease Agreement between the City of West Palm Beach and the TED Center - Center for Technology, Enterprise and Development, Inc. for the Northwood Center located at th Street. WEST PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO EXTEND THE LEASE AGREEMENT BETWEEN THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. AND THE CITY OF WEST PALM BEACH FOR THE LEASE OF THE NORTHWOOD CENTER LOCATED AT TH STREET TO OCTOBER 15, 2017; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER

10 Regular City Commission Meeting Page No. 8 Commissioner Moffett asked for a report on this item. Leah Rockwell, Director of Parks and Recreation, said that she sent the Comprehensive Report to the Commission office. 20. Resolution No (F) providing for transfer of funds to amend the budget and appropriate funds to transfer one full time equivalent (FTE) position; and Resolution No (F) amending the FTEs for the Engineering Services Department and Public Works Department of the General Fund. RESOLUTION NO (F): A RESOLUTION OF THE CITY AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE ENGINEERING SERVICES DEPARTMENT AND PUBLIC WORKS DEPARTMENT BUDGETS TO PROVIDE APPROPRIATIONS FOR A TRANSFER OF ONE FULL TIME EQUIVALENT (F.T.E) POSITION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER RESOLUTION NO (F): A RESOLUTION OF THE CITY AMENDING THE ENGINEERING SERVICES DEPARTMENT AND PUBLIC WORKS DEPARTMENT BUDGETS TO AMEND THE FULL TIME EQUIVALENT (F.T.E.) PERSONNEL DETAIL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 21. Resolution No approving a Local Agency Program Agreement with the Florida Department of Transportation for construction for the Tamarind Avenue Streetscape Project and Resolution No (F) providing additional funding. RESOLUTION NO. 8-17: A RESOLUTION OF THE CITY APPROVING A LOCAL AGENCY PROGRAM AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF WEST PALM BEACH PROVIDING $752, IN FUNDING FOR CONSTRUCTION FOR THE TAMARIND AVENUE STREETSCAPE PROJECT FROM BANYAN BOULEVARD TO PALM BEACH LAKES BOULEVARD AND AGREEING TO MAINTAIN THE IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER RESOLUTION NO (F): A RESOLUTION OF THE CITY

11 Regular City Commission Meeting Page No. 9 AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 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 CAPITAL PROJECT FUND BUDGET TO PROVIDE APPROPRIATIONS FOR THE RECEIPT OF ADDITIONAL FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LOCAL AGENCY PROGRAM (LAP) GRANT FUNDS FOR CONSTRUCTION AND ENGINEERING INSPECTION SERVICES FOR THE TAMARIND AVENUE SOUTH STREETSCAPE PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 22. Resolution No approving an Economic Development Incentive Grant Agreement (Building Improvements) for Rhythm and Hues, LLC in the amount of $65, WEST PALM BEACH, FLORIDA, APPROVING ECONOMIC INCENTIVES FOR RHYTHM & HUES, LLC; AUTHORIZING THE EXECUTION OF A RELATED GRANT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER 23. Resolution No authorizing the assessment of city liens in the total amount of $52, for unpaid water service, sewer service, and stormwater service for the month of November WEST PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING AN ASSESSMENT OF CITY LIENS FOR UNPAID WATER SERVICE, SEWER SERVICE, AND STORMWATER SERVICE; 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 24. Resolution No approving renovations to the existing zoo entrance, lorikeet exhibit, precinct entries/pergolas, ocelot overlook, pioneer house, and monkey exhibit, to be completed by the Palm Beach Zoo within its leased premises located at 1301 Summit Boulevard. WEST PALM BEACH, FLORIDA, APPROVING RENOVATIONS TO THE EXISTING ZOO ENTRANCE, LORIKEET EXHIBIT, PRECINCT ENTRIES/PERGOLAS, OCELOT OVERLOOK, PIONEER HOUSE, AND MONKEY EXHIBIT, BY THE PALM BEACH ZOO WITHIN ITS LEASED PREMISES LOCATED AT 1301 SUMMIT BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER

12 Regular City Commission Meeting Page No. 10 Thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. COMMENTS FROM THE PUBLIC FOR NON-AGENDA ITEMS: Public comments were made by the following: David London, Ike Robinson and Michael Cleveland. RESOLUTION (25-27): 25. Resolution No approving a "Face of the City" public art installation at the intersection of Tamarind Avenue and Fern Street. WEST PALM BEACH, FLORIDA, MAKING FINDINGS AND APPROVING AN INSTALLATION OF PUBLIC ART AT THE INTERSECTION OF FERN STREET AND TAMARIND AVENUE AS PART OF AN INTERSECTION REPAIR PILOT PROGRAM IN COMPLIANCE WITH THE ART IN PUBLIC PLACES ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Sybille Welter, Art in Public Places (AIPP) Coordinator, explained the intersection repair and the funding received for the pilot program. She discussed the street plans, which were previously discussed at a workshop, and the testing materials. She introduced the students involved in the project and presented the Walks of Life design which was chosen. The students involved in the project are: Dani Walters, freshman specializing in film photography; Ania Johnson, junior specializing in illustration, painting and animation; Jessica Raia, junior specializing in illustration and animation; and Megan Tachev, sophmore specializing in painting. The students were joined by their Dean of Visual Arts, Lacey Van Reeth. Ms. Welter said that the AIPP Committee recommends approval for this project. Motion was made by Commissioner Ryan, seconded by Commissioner Moffett, to approve Resolution No ; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. Mayor Muoio asked what day this will take place. Ms. Welter responded that it will be Sunday, March 5, 2017, from 11:00 a.m. until 2:00 p.m. 26. Resolution No (F) provides an additional appropriation of $775,000 to accomplish the Ultraviolet (UV) System and Related Infrastructure improvements project at the Water Treatment Plant.

13 Regular City Commission Meeting Page No. 11 WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 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 BUDGET TO PROVIDE APPROPRIATIONS FOR THE ULTRAVIOLET (UV) SYSTEM AND RELATED INFRASTRUCTURE IMPROVEMENTS PROJECT AT THE WATER TREATMENT PLANT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Poonam Kalkat, Director of Public Utilities, presented this item. She provided an update on the Water Treatment Plant Ultraviolet (UV) Project and discussed the following: UV process building; UVdisinfection; a rendering of the building; UV construction four stages- Stage 1-80% complete, Stage 2-15% complete, Stage 3 and Stage 4 not started; the construction schedule; project cost and changes; challenges and risks to the project; Stage 1-unforeseen conditions; Stage 2-flume bypass; excavation-archaeological dig; the west High Service Pump Station (HSPS); and the projected completion date of September Public comment was made by Michael Cleveland. Motion was made by Commissioner Moffett, seconded by Commissioner James, to approve Resolution No (F); and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. 27. Resolution No approving and authorizing the mayor to execute a settlement agreement between Glozal Village, LLC and the City of West Palm Beach for repayment of loan and code enforcement lien reductions. WEST PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN GLOZAL VILLAGE, LLC., AND THE CITY OF WEST PALM BEACH FOR REPAYMENT OF A LOAN AND CODE ENFORCEMENT LIEN REDUCTIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Armando Fana, Director of Housing and Community Development (HCD), provided the background on the project and explained what this resolution approves. Commissioner Ryan asked about the payment, the grant, and what the plan is for the funds coming back into HCD. Mr. Fana responded that they are trying to recoup funds and he is developing a plan to bring back to the Commission.

14 Regular City Commission Meeting Page No. 12 Commissioner Neering asked if keeping the housing affordable was defined by the Federal government. Mr. Fana explained the requirement. Public comments were made by Michael Cleveland and Robbie Littles. Mr. Fana responded to the comments made by Mr. Cleveland and Mr. Littles regarding the amount being repaid. Commissioner Ryan asked about the reporting requirements going forward. Mr. Fana explained the plan that will be put into place. He stated that the State of Florida will be monitoring this project as well. There was discussion regarding the renovation and the cost for the units. Motion was made by Commissioner Ryan, seconded by Commissioner James, to approve Resolution No ; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. PUBLIC HEARING (28-35): 28. Public Hearing and Second Reading of Ordinance No establishing an Economic Development Ad Valorem Tax Exemption Program. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH FLORIDA ESTABLISHING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Christopher Roog, Director of Economic Development, said that there are no changes since the first reading. Commissioner Materio mentioned House Bill 17 and asked if it will affect this ordinance if it passes. Kimberly Rothenburg, City Attorney, said that she reviewed the language. She said that if it has not already been addressed by General Law, if the Bill passes it would not change anything. Motion was made by Commissioner Materio, seconded by Commissioner James, to approve Ordinance No The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously.

15 Regular City Commission Meeting Page No Public Hearing and Second Reading of Ordinance No establishing a moratorium on the acceptance of applications and the issuance of permits for Cannabis Dispensing Facilities and Medical Marijuana Treatment Centers. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, DECLARING A MORATORIUM AS TO THE FILING OF APPLICATIONS FOR CANNABIS DISPENSING FACILITIES AND MEDICAL MARIJUANA TREATMENT CENTERS WITHIN THE CITY OF WEST PALM BEACH AND DECLARING A ZONING IN PROGRESS TO COMPLETE DEVELOPMENT OF ZONING AND LAND DEVELOPMENT REGULATIONS FOR THE PLACEMENT OF CANNABIS DISPENSING FACILITIES AND MEDICAL MARIJUANA TREATMENT CENTERS; MAKING LEGISLATIVE FINDINGS OF FACT; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING A SUNSET CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Richard Greene, Development Services Director, said that there were no changes since the first reading. Motion was made by Commissioner Materio, seconded by Commissioner Ryan, to approve Ordinance No The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. 30. Public Hearing and Second Reading of Ordinance No amending the different elements and maps of the Comprehensive Plan based on the Evaluation and Appraisal (EAR) process. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE INTRODUCTION AND ADMINISTRATION ELEMENT, FUTURE LAND USE ELEMENT, TRANSPORTATION ELEMENT, HOUSING ELEMENT, UTILITIES ELEMENT, COASTAL MANAGEMENT ELEMENT, CONSERVATION ELEMENT, RECREATION AND OPEN SPACE ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, HISTORIC PRESERVATION ELEMENT, PUBLIC SCHOOL FACILITIES ELEMENT, CAPITAL IMPROVEMENTS ELEMENT, DOWNTOWN MASTER PLAN ELEMENT AND THE MAP SERIES OF THE COMPREHENSIVE PLAN BASED ON THE EVALUATION AND APPRAISAL (EAR) PROCESS OF THE COMPREHENSIVE PLAN; STATING THE INTENT OF THE CITY COMMISSION TO AMEND THE COMPREHENSIVE PLAN IN ACCORDANCE WITH CHAPTER 163 FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER

16 Regular City Commission Meeting Page No. 14 Alex Hansen, City Comprehensive Planner, provided an update on the amendments. He discussed the following: when they are transmitting the amendments to the State of Florida; the four objections from the State of Florida; and how the City has addressed those objections. He stated that staff recommends approval and that after tonight, the revised language will be sent to the State of Florida. Motion was made by Commissioner Materio, seconded by Commissioner James, to approve Ordinance No The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. 31. Public Hearing and Second Reading of Ordinance No amending the Comprehensive Plan Downtown Master Plan Element Policy and Policy to modify the boundaries of the Northwest Neighborhood District and the Industrial Chic District, include provisions regarding the maximum development capacity and height for the new areas of the Northwest Neighborhood District, and allow additional height and development capacity for certain properties on the west side of Rosemary Avenue between 3rd Street and 7th Street to promote the redevelopment of the Northwest Neighborhood. Public Hearing and Second Reading of Ordinance No amending Article IV Downtown Master Plan Table IV-3: Permitted use table for DMP; Table IV-6: Open Space types by subdistrict; Table IV- 11: Curb cuts and passenger loading and drop-off standard; Sec Northwest Neighborhood District; Sec Industrial Chic District; Sec Special District Incentives; and Figure IV-35 TDR Sending and Receiving Sites to implement the Comprehensive Plan amendments adopted through Ordinance No pertaining the redevelopment of the Rosemary Avenue corridor within the Northwest Neighborhood. Public Hearing and Second Reading of Ordinance No amending the Downtown "Zoning Atlas" Figure 1 through 4 to implement the Comprehensive Plan amendments adopted through Ordinance No pertaining the redevelopment of the Rosemary Avenue corridor within the Northwest Neighborhood. Ana Aponte, City Urban Designer, explained the ordinances and what they will approve. She said that there are no changes since the first reading. Commissioner Neering asked about the height on the west side of Rosemary Avenue. Ms. Aponte discussed the proposed changes to the east and west sides of Rosemary Avenue. There was additional discussion regarding the height on both sides of Rosemary Avenue.

17 Regular City Commission Meeting Page No. 15 Public comments were made by the following: Michael Cleveland, Gerald Kisner, Bryan Boysaw and Robbie Littles. Mayor Muoio asked if they were to add five stories, which ordinance addresses it. Ms. Aponte said that it will need to be included in the Comprehensive Plan and to include that amendment in the motion. ORDINANCE No : AN ORDINANCE OF THE CITY AMENDING THE COMPREHENSIVE PLAN TO AMEND THE DOWNTOWN MASTER PLAN ELEMENT AT POLICY TO AMEND THE BOUNDARIES OF THE NORTHWEST NEIGHBORHOOD DISTRICT AND THE INDUSTRIAL CHIC DISTRICT AND POLICY TO INCLUDE PROVISIONS REGARDING THE MAXIMUM DEVELOPMENT CAPACITY AND HEIGHT FOR THE NEW AREAS OF THE NORTHWEST NEIGHBORHOOD DISTRICT AND ALLOW ADDITIONAL HEIGHT AND DEVELOPMENT CAPACITY FOR CERTAIN PROPERTIES ON THE WEST SIDE OF ROSEMARY AVENUE BETWEEN 3RD STREET AND 7TH STREET; DECLARING THE PROPOSED AMENDMENTS TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Motion was made by Commissioner Neering, seconded by Commissioner Ryan, to approve Ordinance No amending the Comprehensive Plan Downtown Master Plan Element Policy and Policy to modify the boundaries of the Northwest Neighborhood District and the Industrial Chic District; to include provisions regarding the maximum development capacity and height for the new areas of the Northwest Neighborhood District; to allow additional height and development capacity for certain properties on the west side of Rosemary Avenue between 3rd Street and 7th Street. It is requested that staff brings back an amendment to the Comprehensive Plan of an increase to five stories in the Northwest Neighborhood District 4 and consideration of the west portion of the Northwest Neighborhood to be zoned for land use of single family home ownership. This motion is based upon the staff report, factual testimony, the recommendation by the Planning Board, and the findings that the proposed changes comply with the Comprehensive Plan. The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. ORDINANCE No : AN ORDINANCE OF THE CITY AMENDING ARTICLE IV DOWNTOWN MASTER PLAN, TABLE IV-3: PERMITTED USE TABLE FOR DMP; TABLE IV-6: OPEN

18 Regular City Commission Meeting Page No. 16 SPACE TYPES BY SUBDISTRICT; TABLE IV-11: CURB CUTS AND PASSENGER LOADING AND DROP-OFF; SECTION INDUSTRIAL CHIC DISTRICT; SECTION NORTHWEST NEIGHBORHOOD DISTRICT; SECTION SPECIAL DISTRICT INCENTIVES, AND FIGURE IV-35 TDR SENDING AND RECEIVING SITES, TO PROMOTE THE REDEVELOPMENT OF THE ROSEMARY CORRIDOR WITHIN THE NORHTWEST NEIGHBORHOOD DISTRICT; DECLARING THE PROPOSED AMENDMENTS TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Motion was made by Commissioner Ryan, seconded by Commissioner Materio, to approve Ordinance No amending Article IV Downtown Master Plan Table IV-3: Permitted use table for DMP; Table IV-6: Open Space types by subdistrict; Table IV-11: Curb cuts and passenger loading and drop-off standard; Sec Northwest Neighborhood District; Sec Industrial Chic District; Sec Special District Incentives; and Figure IV-35 TDR Sending and Receiving Sites. This motion is based upon the staff report, factual testimony, the recommendation by the Planning Board, and the findings that the proposed changes comply with the Comprehensive Plan and the standards set forth in Section of the Zoning and Land Development Regulations. The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. ORDINANCE No : AN ORDINANCE OF THE CITY AMENDING THE DOWNTOWN ZONING ATLAS TO INCLUDE FIGURE 1 PLANNING AREAS MAP, FIGURE 2 DISTRICTS MAP, FIGURE 3 SUBDISTRICT BOUNDARIES MAP, AND FIGURE 4 STREET DESIGNATIONS MAP, UTILIZED AS THE DOWNTOWN MASTER PLAN ZONING DESIGNATIONS TO IMPLEMENT THE CHANGES ADOPTED IN THE COMPREHENSIVE PLAN BY ORDINANCE REGARDING THE REDEVELOPMENT OF THE ROSEMARY AVENUE CORRIDOR WITHIN THE NORTHWEST NEIGHBORHOOD; DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Motion was made by Commissioner Ryan, seconded by Commissioner Materio, to approve Ordinance No amending the Downtown "Zoning Atlas" Figure 1 through 4.This motion is based upon the staff report, factual testimony, the recommendation by the Planning Board, and the findings that the proposed changes comply with the

19 Regular City Commission Meeting Page No. 17 Comprehensive Plan and the standards set forth in Section of the Zoning and Land Development Regulations. The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. 32. Public Hearing and First Reading of Ordinance No amending Section54, Article VII; Curfew for Minors. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES AT CHAPTER 54 (OFFENSES), ARTICLE VII (CURFEW FOR MINORS), SECTION (DEFINITIONS) TO CHANGE THE CURFEW RESTRICTED HOURS; PROVIDING FOR SEVERABILITY AND CONFLICT; PROVIDING A CODIFICATION CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Dana Herst, Assistant City Attorney, provided the background on the ordinance and the reason for implementation of the curfew hours. Anthony Spatara, Assistant Chief of Police, explained the difference in crime from changing the curfew from 11:00 p.m. to 10:00 p.m. He stated that there is an overall decrease by 79%. Public comments were made by Michael Cleveland and Raphael Clemente. Motion was made by Commissioner Ryan, seconded by Commissioner James, to approve Ordinance No on First Reading and schedule a Public Hearing and Second Reading for March 27, The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. 33. Resolution No declaring that the property leased to the Norton Museum of Art, Inc. is not needed for City purposes and is declared surplus and selecting the method of disposition to be conveyance to the Norton; and Public Hearing and First Reading of Ordinance No authorizing conveyance to the Norton Museum of Art of the property currently leased to the Norton Museum of Art. Ms. Rothenburg stated that the request from the Norton Museum of Art is for the city to terminate the current lease and transfer ownership of the property. She explained the terms of the current lease which will expire in November 2092, the restrictions that will run with the land and the code provision waiving the appraisals. She explained what the resolution and ordinance will approve.

20 Regular City Commission Meeting Page No. 18 RESOLUTION NO. 2-17: A RESOLUTION OF THE CITY FINDING THAT THE PROPERTY CURRENTLY LEASED TO THE NORTON MUSEUM OF ART, INC. IS NOT NEEDED FOR CITY PURPOSES AND IS DECLARED TO BE SURPLUS; SELECTING THE METHOD OF DISPOSITION TO BE CONVEYANCE TO THE NORTON MUSEUM OF ART, INC.; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Motion was made by Commissioner Ryan, seconded by Commissioner Materio, to approve Resolution No. 2-17; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. ORDINANCE NO : AN ORDINANCE OF THE CITY AUTHORIZING CONVEYANCE OF THE PROPERTY CURRENTLY LEASED TO THE NORTON MUSEUM OF ART, INC. BY CITY DEED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Motion was made by Commissioner Ryan, seconded by Commissioner Materio, to approve Ordinance No on First Reading and schedule a Public Hearing and Second Reading for March 27, The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. 34. Public Hearing and First Reading of Ordinance No : A Cityinitiated text amendment to Chapter 94 (Zoning and Land Development Regulations), to make various revisions to the landscape regulations of the City's Code of Ordinances. 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 XIV (LANDSCAPING, LAND CLEARING, TREE PROTECTION, AND ARTIFICIAL TURF), TO MAKE VARIOUS AMENDMENTS TO SECTION THROUGH SECTION , AND SECTIONS , , ; TO CREATE SECTION (LITTORAL PLANTING ZONES), SECTION (ROADWAY BEAUTIFICATION), AND SECTION (NONCONFORMING LANDSCAPE AREAS); AMENDING ARTICLE X (SUPPLEMENTAL DISTRICT REGULATIONS) TO CREATE SECTION (OUTDOOR STORAGE FOR NONRESIDENTIAL AND MULTIFAMILY USES AND STORAGE AND DISPOSAL FACILITIES) AND TO RELOCATE AND AMEND THE PROVISIONS REGARDING VACANT LOT AND CONSTRUCTION SITE MAINTENANCE TO CREATE SECTION (VACANT LOT AND CONSTRUCTION SITE MAINTENANCE); AMENDING ARTICLE XIX (DEFINITIONS); DECLARING THIS AMENDMENT

21 Regular City Commission Meeting Page No. 19 TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER Raymond Caranci, Landscape Planner, explained the request for the landscape code amendments and the reason for the changes. He provided the background on how the amendments came about and discussed the nine amendments that will be included in the code. He mentioned the changes that will be researched and presented individually at another date. He stated that staff recommends approval. Commissioner Moffett asked about swales. Mayor Muoio stated that it was something that needs to be looked into. Commissioner Ryan asked if he has been working with the Florida Native Plant Society (FNPS). Mr. Caranci said that he received a letter from the Palm Beach County Chapter of FNPS with recommendations. He stated that they took some of those recommendations into consideration with the changes. Public comments were made by the following: Susan Lerner, Fatima NeJame, Jonathan Burgess, Angela Biagi and Lucy Keshavarz. Mayor Muoio asked if between this reading and the second reading that they look at the recommendations from the FNPS and incorporate what they can. Mr. Caranci said that he will let them know what can and cannot be done to include some of their recommendations. Commissioner Ryan asked for a timeline of the other issues which were addressed. Mr. Caranci said that this is the initial round and that they will immediately start working on the other issues. He stated that some items will need more conversation and input. Motion was made by Commissioner Materio, seconded by Commissioner Ryan, to approve Ordinance No This motion is based upon the staff report, factual testimony, the recommendation of the Planning Board and the findings that the request is consistent with the Comprehensive Plan and complies with all eight (8) of the required standards in Section of the City of West Palm Beach Zoning and Land Development Regulations (ZLDR). Staff is requested to bring back the additional recommendations at the second hearing. The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously.

22 Regular City Commission Meeting Page No Public Hearing and First Reading of Ordinance No , amending the Zoning and Land Development Regulations to modify the Landscape and Streetscape requirements and the amount of private open space required for properties with less than 50,000 sq. feet of lot area within the Downtown Master Plan area. Ms. Aponte provided the background on the item and discussed the proposed changes. Commissioner James asked if they are putting the information on the changes in another document and not the Code of Ordinances, will the Commission be able to have input and approval of the document. Ms. Aponte responded yes and explained the approval process. She discussed additional changes and stated that staff recommends approval. Commissioner Ryan asked if she has been in contact with Raymond Caranci and the FNPS on any of these changes. Mr. Caranci stated that the landscape code is applicable to the Downtown Master Plan. 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 MODIFY THE AMOUNT OF PRIVATE OPEN SPACE REQUIRED FOR PROPERTIES WITH LESS THAN 50,000 SQUARE FOOT LOT AREA; SPECIFICALLY AMENDING SECTION DEFINITIONS, SECTION LANDSCAPE AND STREETSCAPE REQUIREMENTS, AND AMENDING AND REPLACING TABLE IV-7: OPEN SPACE STANDARDS; TABLE IV- 6: OPEN SPACE TYPES BY SUBDISTRICT; TABLE IV-28: BUILDING REQUIREMENTS ICD-5; TABLE IV-29: BUILDING REQUIREMENTS ICD-2; AND TABLE IV-34: BUILDING REQUIREMENTS BPD-5; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Motion was made by Commissioner Moffett, seconded by Commissioner Materio, to approve Ordinance No to modify the Landscape and Streetscape requirements and the amount of private open space required for properties with less than 50,000 sq. feet of lot area within the Downtown Master Plan area. This motion is based upon the factual testimony presented, the staff report, the recommendation of the DAC, Planning Board and Historic Preservation Boards, and consideration of the factors listed in Section of the Zoning and Land Development Regulations. The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners

23 Regular City Commission Meeting Page No. 21 James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. PUBLIC HEARING QUASI-JUDICIAL (36 38): DISCLOSURE OF EX PARTE COMMUNICATIONS, IF ANY* SWEARING IN OF WITNESSES The City Clerk swore in all those persons having an interest in items 37 and 38. Commissioner James disclosed as to items 37 and 38: he has not had exparte communications; he has not received written communications; he has not conducted an investigation; he has not made a site visit; he has not received expert opinions. He requests that these disclosures be made part of the record. Commissioner Moffett disclosed as to items 37 and 38: she has not had ex-parte communications; she has not received written communications; she has not conducted an investigation; she has not made a site visit; she has not received expert opinions. She requests that these disclosures be made part of the record. Commissioner Materio disclosed as to items 37and 38: she has not had ex-parte communications; she has not received written communications; she has not conducted an investigation; she has not made a site visit; she has not received expert opinions. She requests that these disclosures and all written communications be made part of the record. Commissioner Neering disclosed as to item 37: he has not had ex-parte communications; he has not received written communications; he has not conducted an investigation; he has not made a site visit; he has not received expert opinions. He requests that these disclosures and all written communications be made part of the record. Commissioner Neering disclosed as to item 38: he has had ex-parte communications; he has not received written communications; he has not conducted an investigation; he has not made a site visit; he has not received expert opinions. He requests that these disclosures and all written communications be made part of the record. Commissioner Ryan disclosed as to items 37 and 38: she has not had exparte communications; she has not received written communications; she has not conducted an investigation; she has not made a site visit; she has not received expert opinions. She requests that these disclosures and all written communications be made part of the record. 36. Public Hearing and Second Reading of Ordinance No : Regarding a Future Land Use Map Amendment to change the future land use designation of ±4.91 acres, located at 3111 South Dixie Highway, from Commercial (C) to Commercial East (CE); and

24 Regular City Commission Meeting Page No. 22 Public Hearing and Second Reading of Ordinance No : Regarding a Rezoning to change the zoning designation of ±9.32 acres, located at 3111 South Dixie Highway, from Neighborhood Commercial (NC) and Office Commercial (OC) to General Commercial (GC); and Public Hearing and Second Reading of Ordinance No : Regarding a Rezoning to change the zoning designation of ±9.32 acres, located at 3111 South Dixie Highway, from General Commercial (GC) to Commercial Planned Development (CPD); and Public Hearing of Resolution No : Approving the development regulations and conditions for the 3111 South Dixie Commercial Planned Development (CPD), and granting waivers of the Zoning and Land Development Regulations. All of the above-referenced items are being requested by Christopher P. Barry, AICP CUD, of Urban Design Kilday Studios, on behalf of 3111 Prospect Place Equities LLC, for the construction of a multiple-use development consisting of 300 residential dwelling units; 13,600 square feet of retail; and 4,400 square feet of restaurant. ORDINANCE NO : AN ORDINANCE OF THE CITY AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF WEST PALM BEACH, FLORIDA, BY CHANGING THE FUTURE LAND USE DESIGNATION OF ±4.91 ACRES, LOCATED AT 3111 SOUTH DIXIE HIGHWAY, FROM COMMERCIAL (C) TO COMMERCIAL EAST (CE); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER ORDINANCE NO : AN ORDINANCE OF THE CITY AMENDING THE ZONING MAP OF THE CITY OF WEST PALM BEACH TO REZONE PROPERTY LOCATED AT 3111 SOUTH DIXIE HIGHWAY, CONSISTING OF ±0.95 ACRES FROM NEIGHBORHOOD COMMERCIAL (NC) AND ±8.38 ACRES FROM OFFICE COMMERCIAL (OC), TO GENERAL COMMERCIAL (GC); DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER ORDINANCE NO : AN ORDINANCE OF THE CITY AMENDING THE ZONING MAP OF THE CITY OF WEST PALM BEACH TO REZONE ±9.32 ACRES, LOCATED AT 3111 SOUTH DIXIE HIGHWAY, FROM GENERAL COMMERCIAL (GC) TO COMMERCIAL PLANNED DEVELOPMENT (CPD); DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH

25 Regular City Commission Meeting Page No. 23 THE COMPREHENSIVE PLAN OF THE CITY; PROVING A CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER RESOLUTION NO : A RESOLUTION OF THE CITY APPROVING THE DEVELOPMENT REGULATIONS AND CONDITIONS FOR THE 3111 SOUTH DIXIE COMMERCIAL PLANNED DEVELOPMENT (CPD); GRANTING WAIVERS OF THE ZONING AND LAND DEVELOPMENT REGULATIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Motion was made by Commissioner Ryan, seconded by Commissioner Neering, to continue item #36 to the April 24, 2017 City Commission Meeting; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. 37. Public Hearing and Second Reading of Ordinance No , amending the Downtown Zoning Atlas Figure 2 District Boundaries, and Figure 3 Subdistrict Boundaries to correct scrivener s errors and implement the corrections to the Comprehensive Plan adopted by Ordinance No AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE DOWNTOWN MASTER PLAN ZONING ATLAS TO AMEND FIGURE 2 - DMP DISTRICTS MAP AND FIGURE 3 - DMP SUBDISTRICT BOUNDARIES MAP, TO IMPLEMENT THE CHANGES ADOPTED IN THE COMPREHENSIVE PLAN BY ORDINANCE AND THE 2015 EVALUATION AND APPRAISAL REPORT; DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER Ms. Aponte said that there was nothing new since the first reading. Motion was made by Commissioner Ryan, seconded by Commissioner Neering, to approve Ordinance No The City Clerk read the ordinance by title; and thereafter it was voted as follows: Ayes: Commissioners James, Materio, Moffett, Neering and Ryan. Motion therefore carried unanimously. 38. Public Hearing and First Reading of Ordinance No : Regarding a rezoning to change the zoning district of ±2.69 acres, generally located at th Street, from Industrial Light (IL) to Industrial Light Planned Development (ILPD); and