CITY OF NORTH MIAMI BEACH

CITY OF NORTH MIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 2nd Floor 17011 NE 19th Avenue North Miami Beach, FL 33162 Tuesday, May 15, 2018 6:00 PM Mayor Vice Mayor Beth E. Spiegel Commissioner Anthony F. DeFillipo Commissioner Barbara Kramer Commissioner Frantz Pierre Commissioner Phyllis S. Smith Commissioner Fortuna Smukler City Manager Ana M. Garcia, ICMA-CM City Attorney Jose Smith City Clerk Pamela L. Latimore, CMC Notice to All Lobbyists Any person who receives compensation, remuneration or expenses for conducting lobbying activities is required to register as a Lobbyist with the City Clerk prior to engaging in lobbying activities before City Boards, Committees, or the City Commission. City Commission Meeting Agenda 1. ROLL CALL OF CITY OFFICIALS 2. INVOCATION Pamela L. Latimore, CMC, City Clerk 3. PLEDGE OF ALLEGIANCE 4. REQUESTS FOR WITHDRAWALS, DEFERMENTS AND ADDITIONS TO THE AGENDA 5. PRESENTATIONS / DISCUSSIONS 6. PUBLIC COMMENT To All Citizens Appearing Under Public Comment The Commission has a rule which does not allow discussion on any matter which is brought up under Public Comment. We are, however, very happy to listen to you. The reason for this is that the Commission must have Staff input and prior knowledge as to the facts and figures, so that they can intelligently discuss a matter. The Commission may wish to ask questions regarding this matter, but will not be required to do so. At the next or subsequent Commission meeting you may have one of the Commissioners introduce

your matter as his or her recommendation. We wish to thank you for taking the time to bring this matter to our attention. Under no circumstances will personal attacks, either from the public or from the dais, be tolerated. Speaking Before the City Commission There is a three (3) minute time limit for each speaker during public comment and a three (3) minute time limit for each speaker during all public hearings. Your cooperation is appreciated in observing the three (3) minute time limit policy. If you have a matter you would like to discuss which requires more than three (3) minutes, please feel free to arrange a meeting with the appropriate administrative or elected official. In the Commission Chambers, citizen participants are asked to come forward to the podium, give your name and address, and the name and address of the organization you are representing, if any. If you are speaking on a public hearing item, please speak only on the subject for discussion. Thank you very much, in advance, for your cooperation. Pledge of Civility A resolution was adopted by the Mayor and City Commission of the City of North Miami Beach recognizing the importance of civility, decency, and respectful behavior in promoting citizen participation in a democratic government. The City of North Miami Beach calls upon all residents, employees, and elected officials to exercise civility toward each other. (Resolution Nos. R2007-57, 11/06/07 and R2011-22, 4/26/11) 7. CONSENT AGENDA 7.1. Regular Commission Meeting Minutes of March 20, 2018 (Pamela L. Latimore, CMC, City Clerk) 7.2. Resolution R2018-28 Victory Pool Retaining Wall Repair (Julio Magrisso, Assistant Director, Parks and R.E.C Department) THE AWARD OF INVITATION TO BID NO. 2018-06 VICTORY POOL PARAPET/RETAINING WALL REPAIR ; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, MARVI BUILDERS LLC, IN AN ESTIMATED BUDGETED AMOUNT OF $77,400.00. 7.3. Resolution R2018-29 Bollard Replacement (Frank Ruiz, Capital Improvement Projects Manager) AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE GORDIAN GROUP FOR THE PURCHASE OF LED BOLLARD LIGHTING IN AN ESTIMATED AMOUNT OF $54,810.32.

7.4. Resolution R2018-30 Window Replacement - City Hall Fourth Floor (Frank Ruiz, Capital Improvements Project Manager) AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH HOME DEPOT U.S.A., INC. FOR THE PURCHASE OF IMPACT RATED WINDOWS IN AN ESTIMATED AMOUNT OF $113,000.00. 7.5. Resolution R2018-31 Highland Drive Roundabout ITB Award (Fernando Rodriguez, Public Works Director) THE AWARD OF INVITATION TO BID NO. 2018-05 HIGHLAND DRIVE ROUNDABOUT ; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, R&G ENGINEERING, INC., IN AN ESTIMATED BUDGETED AMOUNT OF $293,827.02. 7.6. Resolution R2018-32 City Hall, Solid Waste, Fleet Management Painting (Frank Ruiz, Capital Improvements Project Manager) AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH HOME DEPOT U.S.A., INC. FOR PAINTING SERVICES FOR THE MAIN STAIRWELL IN CITY HALL AND THE SOLID WASTE AND FLEET MANAGEMENT BUILDINGS LOCATED AT 1965 NE 151ST STREET, IN AN ESTIMATED AMOUNT OF $55,066.40. 7.7. Resolution R2018-34 Amphitheater Canopy Replacement and Structure Paint ITB Award (Julio Magrisso, Assistant Director, Parks and R.E.C Department) THE AWARD OF INVITATION TO BID NO. 2018-03 AMPHITHEATER CANOPY REPLACEMENT AND STRUCTURE PAINT AND REFURBISHMENT ; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AWNINGS BY DESIGN CORP., IN AN ESTIMATED BUDGETED AMOUNT OF $138,000.00.

7.8. Resolution R2018-35 Hazel Fazzino Park Utility Easement Agreement Amendment A RESOLUTION (Fernando OF THE Rodriguez, MAYOR Director AND CITY of Public COMMISSION Works) OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, GRANTING EASEMENTS FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF UTILITY FACILITIES TO BE LOCATED AT HAZEL FAZZINO PARK. 7.9. Resolution R2018-36 City Hall Roof Replacement (Frank Ruiz, Capital Improvements Project Manager) THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING AND APPROVING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH GARLAND/DBS INC. FOR CITY HALL ROOF REPAIR AND REPLACEMENT IN AN ESTIMATED AMOUNT OF $144,000.00. 8. LEGISLATION 8.1. Resolution No. R2018-24 CH2M Hill Work Order Change Orders, (Jeffrey F. Thompson, P.E., Director of NMB Water) CHANGE ORDERS TO WORK ORDER 3, WORK ORDER 6, AND WORK ORDER 8, THEREBY AMENDING THE AGREEMENTS BETWEEN THE CITY OF NORTH MIAMI BEACH AND CH2M HILL ENGINEERING, INC., BY EXTENDING THE TIME FRAMES FOR COMPLETING WORK ORDERS 3, 6, AND 8, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CHANGE ORDERS, AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE CHANGE ORDERS. 8.2. Resolution No. R2018-26 CH2M Hill Agreement Amendments to Exhibits (Jeffrey F. Thompson, P.E., Director of NMB Water) THE FIRST AMENDMENT TO THE NMB WATER OPERATION, MAINTENANCE, AND PROGRAM MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND CH2M HILL ENGINEERS, INC.; PROVIDING FOR AN UPDATE OF EXHIBITS 16A, 17, 18 AND 29, COMPLETION OF EXHIBITS 19, 22 AND 24, AND AMENDING EXHIBIT 27; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE AMENDMENT TO THE AGREEMENT, AND TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE

AMENDED AGREEMENT. 8.3. Resolution No.R2018-33 Closed Captioning Services (Gil Sosa, Senior Information Technology Manager) THE CITY OF NORTH MIAMI BEACH, FLORIDA, WAIVING COMPETITIVE BIDDING IN THE BEST INTERESTS OF THE CITY AND APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH GRANICUS, INC. FOR CLOSED CAPTIONING OF CITY COMMISSION IN AN ESTIMATED AMOUNT OF $60,000.00 PER YEAR. 8.4. Resolution No. R2018-37 Fiscal Year 2018 Budget Amendment, April Request (Janette Smith, CPA, Finance Director) A BUDGET AMENDMENT TO THE ANNUAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2017 TO SEPTEMBER 30, 2018, FOR THE GENERAL FUND, HANDICAPPED PARKING FINES FUND AND THE INFORMATION TECHNOLOGY FUND. 8.5. Ordinance No. 2018-6 Development Agreement Ordinance (First Reading) (Richard Lorber, AICP, Community Development Director) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER XXIV NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE, ARTICLE V, ZONING USE DISTRICTS, SECTIONS 24-58 MIXED USE (MU) DISTRICT, 24-58.1 FULFORD MIXED-USE TOWN CENTER DISTRICT (MU/TC), 24-58.2 MIXED-USE EMPLOYMENT CENTER DISTRICT (MU/EC), 24-58.3 MIXED-USE EMPLOYMENT CENTER DISTRICT (MU/EC), 24-58.4 ARCH CREEK MIXED-USE CORRIDOR DISTRICT (MU/C), 24-58.5 SOUTHERN MIXED-USE WATERFRONT DISTRICT (MU/SWF), 24-58.6 NORTHERN MIXED-USE WATERFRONT DISTRICT (MU/NWF), 24-58.7 EASTERN MIXED-USE WATERFRONT DISTRICT (MU/EWF), AND CREATING ARTICLE XIX DEVELOPMENT AGREEMENTS TO PROVIDE FOR THE REQUIRED PROCEDURE, CONTENTS, AND PUBLIC HEARINGS FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY;

CODIFICATION; AND FOR AN EFFECTIVE DATE. 8.6. Ordinance No. 2018-7 Zoning Permitted Uses (First Reading) (Richard Lorber, Community Development Director) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH, AMENDING THE CODE OF ORDINANCES, CHAPTER XXIV NORTH MIAMI BEACH ZONING AND LAND DEVELOPMENT CODE, ARTICLE II DEFINITIONS, SECTION 24-22 DEFINITIONS TO ADD DEFINITIONS FOR AUTOMOTIVE SALES AND RENTAL USES, BOAT AND MARINE USES, GAME ROOMS, SPORTS AND AMUSEMENT FACILITIES, LIGHT INDUSTRIAL USES, MECHANICAL AND AUTOMOTIVE EQUIPMENT SALES AND SERVICE, PERSONAL SERVICES USES, GENERAL RETAIL USES, AND WAREHOUSE AND DISTRIBUTION USES; AMENDING ARTICLE V ZONING USE DISTRICTS TO STREAMLINE AND CORRECT PERMITTED AND CONDITIONAL USES TO BE CONSISTENT WITH THE DEFINITIONS, ADDING CERTAIN USES TO THE PERMITTED AND CONDITIONAL USES LISTED IN THE B-1 LIMITED BUSINESS DISTRICT, B- 2 GENERAL BUSINESS DISTRICT, B-3 INTENSIVE BUSINESS DISTRICT, B-4 DISTRIBUTION BUSINESS DISTRICT, B-5 DISTRIBUTION BUSINESS AND MEDIUM INDUSTRIAL DISTRICT, FULFORD MIXED-USE TOWN CENTER DISTRICT, MIXED-USE EMPLOYMENT CENTER DISTRICT, MIXED-USE NEIGHBORHOOD CENTER DISTRICT, ARCH CREEK MIXED-USE CORRIDOR DISTRICT, SOUTHERN MIXED-USE WATERFRONT DISTRICT, NORTHERN MIXED-USE DISTRICT, AND EASTERN MIXED-USE WATERFRONT DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; CODIFICATION; AND FOR AN EFFECTIVE DATE. 8.7. Ordinance No. 2018-8 Amending "Camping Prohibited" Ordinance (First Reading) (Sarah Johnston, Deputy City Attorney) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER IX OFFENSES AND MISCELLANEOUS PROVISIONS, SPECIFICALLY SECTION 9-35 ENTITLED CAMPING PROHIBITED TO REMOVE THE TERM FIREARM ; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY;

CODIFICATION; AND FOR AN EFFECTIVE DATE. 9. BUSINESS TAX RECEIPTS - None 10. APPOINTMENTS 10.1.Discussion and Appointiment to fill Vacancy in Group/Seat 1 and any remaining Commission Vacancies 10.2.Appointing David Templer to Police and Fire Pension Board (Vice Mayor Spiegel) 10.3.Appointing Jaime Miller to General Employee Pension Plan (Vice Mayor Beth Spiegel) 11. MISCELLANEOUS ITEMS Change of Meeting Date for September 18, 2018 Meeting (Pamela L. Latimore, City Clerk) 12. CITY MANAGER'S REPORT 12.1.Mid-Year CIP Report (Esmond K. Scott, Assistant City Manager) 12.2.2018 Street Tree Matching Grant (Fernando Rodriguez, Director of Public Works) 12.3.Kids to Parks Day (Esmond K. Scott, Assistant City Manager) 13. CITY ATTORNEY'S REPORT- None 14. MAYOR'S DISCUSSION 15. CITY COMMISSION REPORTS 16. NEXT REGULAR CITY COMMISSION MEETING Thursday, May 24, 2018 17. ADJOURNMENT