C6B-Report- Neighborhood-Community Affair Committee Meeting Of April 25 2014,D:j'.,'n1 i.rl1, i'rr,/i I S EAC l-l
TO:
OFFICE OF THE CITY MANAGER
Neighborhood/Community Affairs Commiftee
Commissioner Edward L. Tobin, Chair
Commissioner Micky Steinberg, Vice-Chair
Commissioner Deede Weithorn,ber
Commissioner Joy Malakoff,
COMMISSION MEMORANDUM
FROM:
DATE:
Jimmy L. Morales, City Manager
May 6,2014
SUBJECT: REPORT OF THE NE MUNTTY AFFATRS COMMITTEE (NCAC)
THAT WAS HELD ON FRIDAY,2014
A meeting of the Neighborhood/Community Committee was held on Friday, April 25, 2014 al
3:00pm in the Commission Chamber, 3d Floor of City Hall. Commissioners in attendance:
Commissioners Micky Steinberg, Deede Weithorn, Joy Malakoff and Ed Tobin. Members from the
Administration and the public were also in attendance. Please see the attached sign-in sheet.
The agenda for the meeting is as follows:
OLD AUS,,VESS
1 . Discussion Of The Gity's Draft Tree Ordinance Prepared By The Public Works Departnent
Green Space Management Division. 3:00 PM
Commission ltem C4A, November 14, 2012
(Requested by Crty Commission)
Mark Williams, Public Works Park Supervisor presented the item.
The City of Miami Beach (City) adopted the current version of the Article ll. Care and Maintenance of
Trees and Plants Division 2 Trees code on November 8, 2001. Since that time there has been
substantial positive grovuth of the City's urban forest. A major reforestation effort was approved and
initiated in FY 2006/2007. This effort, combined with neighborhood tree installations with CIP
improvements, has planted over 1 0,000+ reforestation trees in the city's streetscapes, parks and
other public spaces. The primary goal for any urban forestry program is sustainability. ln order to
adequately, protect and increase the value of the urban forest the development of a strong tree
ordinance is of paramount importance. The City is currently subject to the Miami Dade County
(County) tree preservation and protection ordinance. The present City tree code lacks adequate
specifications and is therefore not officially recognized. The tree code has been redrafted to
incorporate many of the tenants present in the cunent Miami Dade County tree preservation and
protection ordinance, with additional specifications uniquely tailored for the City of Miami Beach's
urban forest. Adoption of the revised code will allow for an official exemption from the Miami Dade
County tree removal permitting regulations, and also provide a potential urban forest management
funding source.
The final draft of the City of Miami Beach revised tree code has completed the first stage of internal
review and commenting from the Gounty RER Environmental Resources Management Tree
Program, and has received initial approval for compliance with the minimum requirements for
exemption from the County Environmental Code. The final stage of review with County RER
We ore cammilted la provlding t:xcelient public seryrce onclsofery to oll who live, 'wotk, ond pioy in cu vibonl, laprcqi, h'stotc caintlonib/-
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Agenda ltem CC A
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Environmental Resources Management Tree Program shall occur priorto official public adoption by
the City.
Commissioner Weithorn- lnquired if every tree would be protected by the City, even if it is on private
property. lnquired if this would be voluntary or involuntary.
Mark Williams- lnformed the Commissioners that yes with the property owners permission the City
would be allowed to designate a tree as historical. Assured Commissioner Weithorn that it is
voluntary.
Commissioner Weithorn- Directed Administration to make the language very specific within the
ordinance that this is voluntary.
Mark Williams- Assured Commissioner Weithorn that it will be.
Commissioner Tobin- Stated that several years back a resident called the City with a complaint that a
neighbor was trying to cut down a tree that was of importance. Stated that this could have been one
of two issues, either it was a historic tree or the neighbor was attempting to cut it without a proper
permit.
Mark Williams- Stated that the ordinance being proposed would allowAdministration to either license
the removal of a tree, or go after violators that do not follow the ordinance.
Commissioner Tobin- lnquired about historic trees, can a neighbor call and make a trees historically
designated.
Mark Williams- lt would need the permission of the property owner.
Commissioner Weithorn- lf the tree is intruding on a neighbor's property or on City property than the
City should have a right to remove the tree.
Commissioner Malakoff- lnquired if there was a way to prevent FPL from removing trees the City
deems protected.
Mark Williams- lnformed the Commissioners that FPL's right of way easements have special
protection from the state level that protects it from local codes
Commissioner Weithorn- Stated that some residents trim their trees and would like to find a way to
give them guidelines about proper tree trimming.
Mark Williams- Yes, proper tree trimming is a large part of the ordinance.
Commissioner Weithorn- Stated that her main concern is how that information would be given to the
residents.
Mark Williams- Stated that is public outreach. Once the ordinance is passed Administration will
arrange panels with Homeowner Associations (HOA).
Commissioner Weithorn-lnquired what the direction Administration would like is.
Mark Williams- Stated that this should be the final committee to hear the ordinance before it goes up
to Commission.
Gommissioner Weithorn- lnquired if Administration would like to move it to Commission.
Mark Williams- Stated that yes that would be best.
MOTION by Commissioner Weithorn to move it to Commission.
Seconded by Commissioner Steinberg.
Sheryl Gold (resident) spoke.
2. Discussion Regarding A Motion Made By The Committee For Quality Education To Explore
An Additional Exit Installed At The Northeast Corner Of The Public Parking Lot At 42nd
Street And Royal Palm Avenue Beside North Beach Elementary School. 3:17 PM
Commission ltem C4L, December 13, 2013
(Requested by Commissioner Ed Tobin)
Eric Carpenter, Public Works Director presented the item
Already identified the location for the additional exit on Royal Palm Avenue. lt will be in line with the
third row from the South, second from the North, depending on how one looks at it. Will be out there
surveying and designing the improvements so that the City can construct it with in-house forces or
with one of the City's rotating contractors. lt should be limited dollars and it should address the
concerns.
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Commissioner Tobin- lnquired what the time frame is to get this project underway.
Eric Carpenter- Stated that it would be 75 days. 30 days for the design portion of the project and 45
for the construction.
Commissioner Tobin- Asked if in 30 days Administration would be back to presented to the
committee a positive report.
Eric Carpenter- Stated that Administration certainly will.
Commissioner Weithorn- lnquired if Administration can ensure that this one is adequately at grade.
Eric Carpenter- The only concern with that issue is that the dip in the driveway is usually a result of
the flow lines for drainage. lf the elevation for the flow line starts to change it can disrupt the
drainage. Stated that someone will look into it during the design phase, but does not want to promise
something that may not be attainable.
CommissionerWeithorn- Stated that if there is nothing that can be done, a sign should be in place to
warn people that there is a dip in the driveway.
MOTION: by Commissioner Weithorn to bring it back to Committee in 30 days wiih the design plan.
Seconded by Commissioner Tobin.
Karen Rivo (resident) spoke
DIRECTION: Commissioner Tobin to have Administration study all the options and to come back in
30 days with all the improvements that need to be done.
3. Discussion Regarding Sightseeing And Tour Bus lndustry Regulations. 3:21 PM
Commission ltem C6B, October 16, 2013
(Requested by Commissioner Tobin)
Jose Gonzalez, Transportation Director, and Debora Turner, Assistant City Attorney presented the
item.
This issue was referred to the Transportation and Parking Committee (TPC) and
Neighborhood/Community Affairs Committee (NCAC) by the Cig Commission at the meeting of
March 13, 201 3. The Administration held a workshop with the sightseeing and tour bus industry on
Monday, June 24, 2013. The TPC discussed the item at their July 1, 2013 meeting. The NCAC
discussed the item on September 30, 2013. At the meeting, the NCAC recommended that the
Administration meet with the industry again, go back to TPC for input, and bring the item back to
NCAC.
The item was discussed at the City Commission meeting of February 12, 2014. After some
discussion, the Commission made a motion directing the Administration to prohibit buses from
stopping on Ocean Drive until there is a regulation or policy in place. While the companies can
continue to operate their buses along Ocean Drive, no loading or unloading of passengers is
permitted.
Attached is a draft outline of a Request For Proposal (RFP) for a Concession Agreement for
Exclusive Loading and Unloading Locations for a Hop-on/Hop-off Open Loop Tour Company.
The Administration recommends that the authorization to issue the RFP be brought for approval at
the May 21,2014 City Commission meeting. Based on discussions with Legal, the issue of
enhancing regulations to enforce tour bus operations is complicated, and requires further research.
Debora Turner-Administration need to look into regulations. The City is allowed to have reasonable
regulation of this under Florida law. The City can regulate as long as there is no discrimination. What
the City cannot do is prevent competition.
Commissioner Tobin-lnquired if residents used the hop-on hop-off tour buses if it could be regulated.
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Raul Aguila- Stated thatAdministration should take a two-step approach. The firstwould be to issue
an RFP that would give a vendor or vendors specific concession rights to load and unload at specific
City stops where they would have exclusive rights. ln regards to regulating, this is something that
would need to be studied further. Suggested that Administration bring an ordinance at a later date
and go forward today with the RFP.
Commissioner Weithorn-lnquired if the tour bus kiosk would be on private or public property.
Kathie Brooks-Stated that the City would allow the tour buses to place kiosks on public property. lt is
a benefit they are getting from the concession.
Commissioner Weithorn- lnquired if this affected the closed-loop tours.
Commissioner Malakoff- lnquired if it were possible for the Cig Attorney's Office to also look into
prohibiting amplified noise on the tour buses.
Raul Aguila - Stated that that is a reasonable regulation, and the City Attorney's Office will look into it.
Lucia Dougherty (on behalf of Miami Open City Tours) spoke.
Commissioner Tobin- lnquired if there will be anything that would preclude the Commission from
making a decision.
Raul Aguila -Stated that no, not if the Commission puts in the language that the Commission
reserves the right to issue one or multiple vendors.
Commissioner Weithorn-lnquired that all the vendors would have to share 1 kiosk. Stated that she
does not want 4 kiosks on public propefi.
Raul Aguila -Stated that sharing is an option that can be presented. Also, giving one stop to one
vendor and one stop to another is also an option, or not having kiosks at all.
Commissioner Tobin- Stated that it would be best to keep all the options open, does not think it is
necessary to have a kiosk or a stop on Ocean Drive.
Raul Aguila - Stated that these are designated City stops that would be awarded from concession
agreements. This is something the Commission would decide where, if and how many the
Commission would like to award a concession agreement to.
Commissioner Tobin- Stated that the issue has nothing to do with revenue; it is a matter of quality of
life.
Commissioner Malakoff- lnquired if it were possible to require them to all have the same GPS
system.
Kathie Brooks-Stated that if the Commission does decide to add that language that it would include
specifics such as sharing a GPS, no more than a certain number of stops per day etc.
Raul Aguila -Stated that all of this is subject to a contract in the same way the Commission handled
DecoBike and other concession agreements is the same way the Commission can handle tour bus
regulations.
Commissioner Weithorn- lnquired if the RFP could clearly state that the contract will have terms that
make it operationally possible under the City's terms. This would allow the City to avoid a vendor
trying to dictate how to run the business. Especially since there are very specialized terms, for
example a weekend that the City would have to close Ocean Drive.
MOTION: by Commissioner Weithorn to issue the RFP to state the Commission has the right to go to
more than one vendor and add the language as was discussed that states the City has the rights to
regulate, the rights to the terms and conditions, and anything that would be needed to protect the City
in the RFP.
Seconded by Commissioner Tobin.
4. Addendum: Discussion Regarding Banning Bicycles On Lincoln Road And On Sidewalks
Citywide Except For Parks. 3:37 PM
Debora Turner, Assistant City Attorney, presented the item.
Gommissioner Weithorn-Stated that she would like these two items heard separately.
Stated that she believes that these are two different issues and should be addressed
separately.
Harvey Burstein (resident) spoke.
Kathie Brooks- Stated that banning bikes on Lincoln Road would be recommendation during
business hours.
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Commissioner Weithorn- Suggested that it should only be allowed on Lincoln Road from 2:00 AM to
10:00 AM.
Commissioner Tobin- Asked the Committee members if they agreed with banning bicycles on Lincoln
Road from the hours of 9:00 AM to 2:00 AM.
Commissioner Weithorn - Asked Administration if they can observe where the bicycle racks are in
place and to ensure that they are accessible. Also, above the bicycle rack have a sign that reads
'Bicycle Dismount' placed.
Commissioner Tobin- Asked Administration if they can ensure that Code Enforcement is on Lincoln
Road enforcing the code.
MOTION by Gommissioner Weithorn to permit bicycles on Lincoln Road only from 2:00 AM to g:00
AM.
Seconded by acclamation.
Debora Tumer spoke on behalf of Discussion Regarding The Use of Bicycles On Sidewalks
Citywide Except For Parks,
Commissioner Weithorn-Stated that she has two concerns, the first being that it is confusing for
residents. Gave the example that Collins Avenue is a state road so the City cannot regulate whether
or not bicycles can cycle on that street. Also, 41 Street is a state road so it cannot be regulated, but
then Prairie is a City street and that can be regulated. There are several concerns. Also, residents
wouldn't want to teach children to learn to ride a bike in the middle of the street. Stated that if there
are designated areas where pedestrians and bicycles don't mix, for example Alton Road, than it
would be okay to say no bicycles on the sidewalks.
Commissioner Malakoff- Asked if there can there be an exception for children.
Commissioner Weithorn - Stated that most of the time parents ride next to their children when
teaching them how to ride a bicycle. That would force parents to ride on the street and children to ride
on the sidewalk.
Commissioner Tobin- Lincoln Road has been agreed upon, which was the most important issue.
Sofia Secofty (resident) spoke.
Commissioner Weithorn- yes you would be able to wheel it down Lincoln road. That was my
intention.
Commissioner Steinberg- good point we will clarify.
Commissioner Weithorn-how do you feel about pedestrian heavy streets.
Sofia Secofky (resident) spoke.
Commissioner Weithorn. Stated that yes, bicyclist can dismount their bikes on Lincoln Road and walk
them through Lincoln Road.
Harvey Bernstein-(resident) spoke.
Sheryl Gold (resident) spoke.
Commissioner Weithorn- lnquired what the next step would be.
Debora Turner-lt would be to identify first what are the heavily traveled pedestrian sidewalks, those
would be the ones that should be regulated first.
Commissioner Weithorn-Suggested that Administration should look at the streets that have had the
biggest problems with bicyclists and pedestrians comingling and then come back and narrow the
focus.
Lilly Furst (resident) spoke.
NO ACTION
MOTION; by Commissioner Tobin to adjourn the meeting.
Seconded by acclamation.
3:53pm
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