MIAMI RIVER COMMISSION 
c/o Robert King High
1407 NW 7 St., Suite D
Miami, FL  33125
Phone 305 644 0544
Fax 305 642 1136

For more information, contact us via email at
miamiriver@bellsouth.net

MONDAY
Apr. 2, 2007
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Ms. Irela Bagué, Chair of the Miami River Commission (MRC), led the meeting which started at noon , Monday, April 2, 2007 , United Way Ryder Conference Room, 3250 SW 3^rd Avenue , Miami , Florida .

• Irela Bagué, Chair of the Miami River Commission

• Philip Everingham, Vice-Chair of the Miami River Commission

• Bruno Barreiro, Chair of the Miami-Dade Board of County Commissioners

• Eric Buermann, Member-at-Large, appointed by the Governor

• Robert Villar, designee for Miami-Dade Mayor Carlos Alvarez

• Robert Ruano, designee for City of Miami Mayor Manny Diaz

• Steve Wright, designee for City of Miami Commissioner Joe Sanchez

• Horacio Stuart-Aguirre, designee for Member-at-Large Eric Buermann

• Megan Kelly, designee for Mr. Barry Johnson , GMCC

• Richard Dubin, President of the Miami River Marine Group

• Dana Nottingham, Downtown Development Authority

• Carmen Polanco, designee for Sara Babun

• Sallye Jude, Neighborhood Representative, Appointed by Miami-Dade County

MRC Staff: Brett Bibeau, Managing Director; Ashley Chase, Assistant Managing Director

Others attending interested in the River:  

• David Henderson, Metropolitan Planning Organization

• Greg Kyle, Kimley-Horn

• Ammie Rogers, Kimley-Horn

• Lucy Perez, South Florida Water Management District (SFWMD)

• Robert Weinreb, City of Miami

• Fran Bohnsack, Miami River Marine Group

• Lubby Navarro, Miami-Dade County

• Sgt. Rene Lopez, Miami-Dade Police Department

• Carlos Saenz, Air Marine Shipping Terminal

• Alma Llinas, Keyes Realty

• Jeffrey Hooper, AME Shipping

I. MRC Chairperson Report: 
Chair Irela Bagué asked for a motion to approve the MRC’s March 5, 2007 meeting minutes.  Vice-Chair Phil Everingham moved to approve the MRC’s March 5, 2007 meeting minutes. The motion was seconded by Mr. Robert Villar , and unanimously adopted.

Chair Bagué stated the 11^th Annual Miami Riverday was successfully held on March 24, in Jose Mart Park .  On behalf of the MRC, Chair Bagué thanked all the generous sponsors, whom allow Riverday to remain free to the public, including free river boat rides, live music, environmental education, historic re-enactors, children activities, marine expo, and much more.  Chair Bagué stated the MRC’s Executive Committee will commence planning next year’s Miami Riverday.   

Chair Bagué noted most of the Riverday sponsors were presented their appreciation plaques either at the sponsor reception or during Riverday; therefore, she presented a plaque to Chairman Bruno Barreiro and Mr. Villar, on behalf of Miami-Dade County . 

Chair Bagué stated the MRC is coordinating two volunteer River beautification projects this month:  Saturday, April 21, 10-12, volunteers will plant 20 new trees at Robert King High, 1407 NW 7 ST and remove litter along the south shoreline, and on Sunday, April 22, 11-2, volunteers will be painting, mulching and removing litter in the on-road greenway along South River Drive from Jose Marti Park to NW 2 ST.

II. Presentation of Draft Miami 21 - Mr. Brett Bibeau, MRC Managing Director, stated MRC Urban Infill Working Group (UIWG) Chair Jim Murley, Greenways Working Group Chair Dr. Ernie Martin , and the City of Miami’s Planning Department were unable to attend this regularly scheduled MRC meeting, and therefore asked me to forward their recommendations for this item.  Mr. Bibeau noted the City’s Planning Department had previously presented the Miami 21 concepts to the MRC UIWG, yet were unable to attend this MRC meeting.  Mr. Bibeau added MRC staff mailed all MRC members and designees CD’s with the current draft Miami 21 – Eastern Quadrant, one week prior to today’s meeting for review.  Mr. Bibeau provided the following estimated timeline for the City’s consideration of the draft Miami 21 Eastern Quadrant, submitted by Ms. Luciana Gonzalez, City of Miami Planning Department:

• April 4 - Planning Advisory Board Review
• April 18 - Planning Advisory Action
• May 24 - City Commission First Reading
• June 28 - City Commission Second Reading

Therefore, Mr. Bibeau noted this was the last regularly scheduled MRC meeting before the draft Miami 21 – Eastern Quadrant is considered by the City of Miami ’s Planning Advisory Board.  Mr. Bibeau stated an enlarged draft Miami 21 zoning atlas was available at the meeting, and noted the draft Eastern Quadrant includes proposed zoning amendments for all riverfront parcels on the north shore from Biscayne Bay to NW 12^th Avenue , and the south shore from Biscayne Bay to I-95.  Mr. Bibeau noted the MRC UIWG’s March 16, 2007 minutes, which include the subcommittee’s non-binding recommendation to the MRC on this item, were provided to all MRC members one week prior to the meeting as well.  Mr. Bibeau added it is his understanding that one of the UIWG’s recommendations, to allow marine industrial uses as of right in the industrial type transect zones along the river, was incorporated into the current Miami 21 draft, which allows marine industrial uses as of right in the D1 and D2 transect zones.  Mr. Bibeau noted it is his understanding that all riverfront parcels currently zoned Marine Industrial (SD-4) within the draft Miami 21 – Eastern Quadrant, with the exception of Finnegan’s River, are proposed to become either D1 or D2, both of which allow marine industrial uses as of right.

Mr. Bibeau therefore explained the MRC’s Urban Infill Working Group recommends the MRC find the draft Miami 21 – Eastern Quadrant consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to the following three conditions:

1)      Requiring publicly accessible riverwalks with exceptions for marine industrial and low density residential areas, consistent with minimum Miami River Greenway Action Plan standards of a 20 foot-wide greenway, featuring a 16-foot wide unobstructed pedestrian path and a 4-foot wide passive zone with landscaping, decorative lighting, benches, etc.    

2)      Requiring a 50-foot building setback from the riverfront, with the exception of marine industrial and low-density residential uses and allowing the City Charter formula where properties less than 200 feet wide the setback would become 25% of the property width, and providing the City Commission authority to grant exceptions – Mr. Bibeau explained the draft Miami 21 – Eastern Quadrant doesn’t differentiate between a landlocked parcel’s “rear” building setback and a riverfront parcel’s “rear” building setback, which is the waterfront setback.  Several of the proposed new zoning categories along the River allow a 0 foot “rear” and therefore riverfront building setback.  

3)      Correcting what he understands is a scribner’s error on the draft Miami 21 zoning atlas, via correcting the preserved Miami Circle site’s Transect Zone from the high-density residential related “Urban Core” (T-6) to the parks related Civic Space (CS)

Mr. Horacio Stuart-Aguirre asked if any river properties currently in litigation would be affected by the draft Miami 21 – eastern quadrant, and Mr. Robert Ruano and Mr. Bibeau replied they were not aware of any riverfront parcels within the Miami 21 eastern quadrant which are currently in litigation.

Dr. Fran Bohnsack, Miami River Marine Group, inquired if the draft Miami 21 had any regulations regarding ambient noise and Mr. Bibeau replied MRC staff would research the topic, as well as any other suggestions, and report back to the MRC following the Planning Advisory Board’s April 18 meeting.

Ms. Megan Kelly moved to find the draft Miami 21 – Eastern Quadrant consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to the following three conditions:

1)      Requiring publicly accessible riverwalks with exceptions for marine industrial and low density residential areas, consistent with the minimum adopted Miami River Greenway Action Plan standards of a 20 foot-wide greenway, featuring a 16-foot wide unobstructed pedestrian path and a 4-foot wide passive zone with landscaping, decorative lighting, benches, etc.    

2)      Requiring a 50-foot building setback from the riverfront, with the exception of marine industrial and low-density residential uses and allowing the City Charter formula where properties less than 200 feet wide the setback would become 25% of the property width, and providing the City Commission authority to grant exceptions.

3)      Correcting the scribner’s error on the draft Miami 21 zoning atlas, via correcting the preserved Miami Circle site’s Transect Zone from the high-density residential related “Urban Core” (T-6) to the parks related Civic Space (CS)

The motion was seconded by Phil Everingham.

Mr. Robert Ruano suggested the MRC not vote on the motion, because perhaps not all of the MRC members and designees had sufficient opportunity to read the entire draft Miami 21 – Eastern Quadrant.  Chair Bagué replied the MRC’s volunteer board members and designees may also trust the sound recommendations made by MRC subcommittee chairs and staff.  Mr. Ruano addressed the motions 1^st condition, and questioned if exemptions for the recommended riverwalk requirement should be granted for all marine industrial properties, citing the precedent of dry stack storage marinas in Coconut Grove which feature publicly accessible baywalk sections.  Chair Barreiro stated the MRC's Greenways subcommittee should revisit if some marine industrial uses may safely co-exist with publicly accessible riverwalk sections, yet recommended the exemption be included in the MRC’s recommendation to the Planning Advisory Board.  Mr. Bibeau noted the City of Miami approved Miami River Greenway Action Plan, recommends the riverwalk proceed around marine industrial properties and low-density residential areas, as an on-road greenway, then return to the shoreline wherever feasible.  In addition, the Plan recommends that if the land use and zoning are changed for new developments, the new projects should include publicly accessible riverwalks.  Mr. Robert Villar therefore proposed an amendment to the motion’s 1^st condition, deleting “exceptions for marine industrial and low density residential areas” and therefore leaving “consistent with the minimum adopted Miami River Greenway Action Plan standards…”  The amendment was accepted by the maker of the motion Ms. Kelly, and second Mr. Everingham, and the amended motion was unanimously adopted by the MRC. 

III. Presentation of the “Miami River Corridor Multi-Modal Transportation Plan”- Chair Bagué welcomed Mr. Greg Kyle, Kimley-Horn and Associates (KHA), who provided an overview of the draft Miami River Corridor Multi-Modal Transportation Plan PowerPoint presentation, and distributed a CD of the revised draft final report, as well as tables and maps of the plan’s draft multi-modal transportation improvement recommendations along the Lower, Middle, and Upper River.  Mr. Bibeau stated all MRC members and designees were mailed CD’s with the previous draft plan one week prior to the meeting for review.  Mr. Kyle noted KHA will be forwarding a copy of the technical appendices of the plan, as well as any material used to develop the body of the final report. Mr. Kyle stated KHA had already met with the MRC’s Urban Infill Working Group, County Commissioners and City of Miami Transportation planners, Lilia Medina and Mr. Gonzalez. 

Mr. Kyle stated the Miami River meets all criteria for designation as an Emerging Strategic Intermodal System (SIS) Waterway, and exceeds the cargo quantity criteria for designation as an emerging seaport / waterway.  Mr. Kyle explained that if an area meets one criteria of the SIS designation, it becomes eligible for designation as a SIS facility, and therefore eligible to receive significant State transportation funding.

Mr. Kyle stated KHA and Metropolitan Planning Organization (MPO) representatives are scheduled to review the draft Miami River Corridor Multi-Modal Transportation Plan with MPO TPC on April 9, 2 PM, 18 FL, 111 1^St ST, and the County’s Public Works Department on a date yet to be determined.  Mr. Kyle stated the draft will be reviewed during the UIWG’s April 13, 2007 hearing, which is the deadline for any all final comments.  After potentially incorporating any final input received prior to April 13, 2007, a revised final draft would be considered for adoption by the MRC during the next regularly scheduled meeting, May 7, 2007, noon, 1407 NW 7 ST.

Mr. Robert Ruano asked why scanners in freight forwarding centers are recommended in the Upper River, and Mr. Richard Dubin replied the majority of shipping terminals are located in the upper river where the County currently owns several acres and is in the process of eminent domain on additional riverfront parcels located in the upper river, in conjunction with the proposed new bridges for the MIC / Earlington Heights Metro-Rail extension and 112 interconnector.  Ms. Ammie Rogers, KHA, noted Federal Law requires U.S. Customs to provide radiation testing for containers in international shipping terminals by Jan. 1, 2008 , therefore the draft Plan suggests means for consideration which would provide time and cost effective ways for U.S. Customs to conduct their required radiation testing.

Ms. Sallye Jude asked if KHA had received input from businesses or neighborhoods along the Miami River, and Mr. Bibeau replied the draft Plan has been a discussion item on the MRC’s UIWG publicly noticed agenda for over a year, and that individuals representing a variety of river businesses have participated in, and continue their involvement in the creation of the plan. Mr. Kyle added KHA has worked extensively with MRC staff and conducted many site visits in an effort to familiarize themselves with the Miami River Corridor area and its transportation needs.  Ms. Jude noted it was important to obtain additional input from the river’s neighborhoods, schools and businesses.  Mr. Ruano concurred, adding that the MRC should create an opportunity, such as hosting a workshop, to obtain additional comments and address any concerns.  Mr. Bibeau suggested the MRC place an ad in the Miami Herald to further extend the public notice process of the draft’s next public hearing during the UIWG’s April 13, 2007 meeting at 10:00 AM, 1407 NW 7 ST, and the MRC concurred.  Mr. Eric Buermann suggested posting the ad on the MRC’s website to increase attendance. Vice-Chair Everingham stated he would inform the board and public of the meeting during the April City of Miami Waterfront Advisory Board meeting.

IV. MRC Subcommittee Reports

a. Dredging Subcommittee (DSC) – DSC Chair Eric Buermann stated Mr. Brett Bibeau was in Tallahassee last Tuesday and Wednesday supporting the County’s “critical priority” legislative requests for $13.8 million towards “contributed funding” for the project, which are priority items for the Honorable House Sponsor Rivera and Senate Sponsor Diaz de la Portilla. On Wednesday, the Senate approved a budget amendment, inserting $2 million for the project in the General Government appropriations bill, with the potential for additional ST funding from the $100-$140 million which will be made available for water projects statewide.  Mr. Bibeau met with nearly the entire Dade Delegation, and or their staff, whom remain in support of finishing the 40% complete project, and understand the project’s benefits will only be realized upon completing dredging to the confluence with Biscayne Bay .

Mr. Buermann noted the FY ’07 year long Continuing Resolution (CR) was approved in March 2008, with $3.5 million for the project, which is the same amount of funding requested in the President’s FY ’07 budget submittal, and the same amount that Congress appropriated in FY ’06.  With the currently available $7 million federal cost share, supplemented with the previously appropriated local cost share, the ACOE intends to award acceptance sections 7 & 8 in early April, therefore dredging would commence by July 2007. 

Mr. Buermann stated the President’s FY ’08 budget submittal includes $4.5 million for the project, which is a 33% increase from his FY ’07 budget submittal for the project.  Historically Congress has been able to provide the President’s budgeted amount, plus an additional $3.5 million “Congressional Ad”, therefore a reasonable best case scenario FY ’08 appropriation would be $8 million.  FY ’08 starts October 1, 2007 , and we are recommending all project stakeholders write the Energy and Water Committee Chairs and Ranking Members in support of obtaining the federal cost share balance due. 

Mr. Buermann noted on March 2, MRC Chair Bagué participated in a Miami River boat tour with the Honorable Congresswomen Ros-Lehtinen and Wasserman-Schultz, whom continue to support appropriating the federal cost share balance due to complete the project.

Mr. Buermann stated the MRC Dredging subcommittee is respectfully recommending all project stakeholders write the ACOE and OMB early this summer to request the federal cost share balance due in the President’s FY ’09 budget, which is the last fiscal year before the project’s contract expires in April 2009.  Since the project’s cost is a flat rate per cubic yard removed, established in 2004, failure to complete the project before the current contract expires may result in an increased project cost in any new contracts, in addition to time delays for completing the long awaited and widely supported project.

Mr. Buermann added the County’s offered “Local Advanced Funding” of the previously appropriated local cost share for the project has moved forward in the ACOE’S approval process, being transmitted from their Jacksonville District, to the South Atlantic Division, and up to ACOE Headquarters in DC for approval.  The Dade Delegation is encouraging the ACOE to expedite execution of the agreement, which would provide sufficient funding to award AS 9, which would be completed as the next round of Federal funding becomes available in FY ’08, which commences on October 1, 2007 .

Chair Bagué asked for the timeline of the Army Corps’ approval process, and Mr. Bibeau replied that the County’s “Local Advanced Funding” agreement was approved two months ago, and the ACOE is expected to approve the agreement within the next six months. Chair Bagué requested MRC staff create a visual timeline to assist with lobbying efforts.

Mr. Buermann stated although Mr. Bibeau shuns public praise, he should be commended for his tremendous efforts on behalf of the project.  Chair Bagué concurred and thanked Mr. Bibeau for his hard work.  The Dredging subcommittee’s next regularly scheduled third Wednesday of the month publicly noticed meeting will be held on April 18, 10 am, at 1407 NW 7 ST.

b. Urban Infill Working Group (UIWG) – Reporting for UIWG Chair Jim Murley whom was unable to attend the meeting, Mr. Bibeau stated the UIWG is working with Miami-Dade County ’s Interim Planning Director, Mr. Basu, and the Florida Department of Transportation, on launching a process to create an “Upper River Plan”, which would be followed by the County’s adoption of design specifications and guidelines to steer appropriate development in the identified “MIC associated development” area. Vice-Chair Phil Everingham asked if the Miami River Marine Group is involved in the Upper River Plan, and Mr. Bibeau and Dr. Bohnsack replied yes.

Mr. Bibeau added the UIWG is scheduling a presentation for the revised proposal for the area including the historically designated East Coast Fisheries, on North River Drive between Flagler and 1^st ST Bridges.  The MRC found the previous proposal for the “River House Lofts” development to be consistent with the Miami River Corridor Urban Infill Plan, yet that plan for a residential development has been replaced with a new plan, which includes a dry-stack marina facility.

C.  Greenways Subcommittee – Reporting for Greenways subcommittee Chair Dr. Ernie Martin whom was unable to attend the meeting, Mr. Bibeau noted Greenway sections remain under construction, and the Greenways subcommittee continues providing the public and private sector with options to provide long term maintenance, security and special events, and looks forward to their selecting which option will provide these services, which are critical to the Greenways success.

On behalf of the Greenways subcommittee, Mr. Bibeau commended the City of Miami for taking the preliminary steps to improve the riverfront portion of Lummus Park , by removing the litter, weeds, broken fence, and laying fresh dirt.  Mr. Ruano stated next the City will install grass and benches.  The MRC thanked the City for this progress towards the recommended Riverwalk and Fisherman’s Wharf within Lummus Park .

Mr. Bibeau noted it seemed as though the Miami Circle National Park feasibility study will conclude the site should not become part of the National Park System.  Several years ago the site’s owner, the Department of State, wrote the MRC stating they had sufficient funds to hire a shoreline contractor to repair the historic sites failing sea-wall, which would need to be completed before providing public access via constructing the riverwalk, which the Related Group offered in writing to create at their cost, in conjunction with construction of their adjacent ICON project.  Regrettably several years later the promised sea-wall repairs are yet to commence, therefore the Greenways subcommittee will re-engage this issue during April.

Chair Bagué thanked the City of Miami for placing the bi-lingual posters for the free 11^th Annual Miami Riverday festival, which was held on March 24, 2007, in the new Greenway informational kiosks. Chair Bagué noted upon Dr. Martin’s return to Miami , they will ask to meet with the City Manager regarding providing maintenance, security and special events along the Greenway.  Chair Bagué added she had recently met with FDOT representatives, whom had forwarded all concerns to the appropriate departments.

Ms. Sallye Jude asked if the City of Miami has a schedule of trash pickup/removal along the Greenway.  Mr. Ruano replied yes and offered to enquire and provide the schedule / routine.

The next regularly scheduled second Wednesday of the month Greenways subcommittee’s publicly noticed meeting will take place April 11, 2 pm, 1407 NW 7 ST.

D. Storm water Subcommittee – Ms. Sallye Jude stated the City of Miami administration postponed the City Commission’s consideration of a contract for Wagner Creek and Seybold Canal until May 2007, and removed the dredging component, leaving the design, engineering, permitting and public outreach portions of the project.  Ms. Jude stated the project may have funding issues.

Per the request of the City of Miami , Ms. Jude noted that in March MRC staff submitted a package of information, which the City will use to renew their annual NPDES permit, issued by FDEP.

The Stormwater Subcommittee’s next regularly scheduled first Wednesday of the month meeting will be held this Wednesday, April 4, 10 am, Miami River Inn, 118 S. River Dr .

E.  Economic Development & Commerce (EDC) Subcommittee – EDC Co-Chair Ms. Megan Kelly stated the EDC submitted a grant application in March to potentially fund the $22,170 to contract two FAU Professors to conduct a “Miami River Marine Industrial Economic Analysis”, as authorized by the Executive Board.  Ms. Kelly added the EDC thanks Chairman Barreiro for his assistance in identifying potential funding sources.

F.  Public Safety – Co-Chair Ruano deferred the report to Dr. Bohnsack, MRMG, whom noted the Port of Miami River participated in the upcoming “mass migration drill”.  Dr. Bohnsack reported the Miami River Security Committee’s next meeting will be held on Tuesday, April 10, 2 pm, Gator’s Den. Ms. Kelly noted the Marine Industries had made a presentation regarding short sea shipping to the Greater Miami Chamber of Commerce.

V. New Business – Chair Bagué asked if Dr. Bohnsack could provide the full MRC with a presentation focused on short sea shipping, and Dr. Bohnsack replied yes.

IV. Adjournment 

There being no further business to come before the meeting, the meeting adjourned.

_____________________________Recording Secretary

     HOME      CALENDAR       ABOUT THE RIVER         ABOUT THE COMMISSION       DREDGING      GREENWAYS    URBAN INFILL PLAN  
     STORMWATER RETROFITTING   MINUTES OF MEETINGS      LINKS