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MIAMI RIVER COMMISSION 
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4600 Rickenbacker Cswy,
Miami, Fl. 33149
305-361-4850
Fax: 305-361-4755
  e-mail: mrc@rsmas.miami.edu

MONDAY,
April 5, 2004
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Chairman Robert Parks called the Miami River Commission meeting to order at 12:00 p.m. on Monday, April 5, 2004 at the United Way , Ansin Building , 3250 S.W. Third Avenue , Miami , Florida .

• Robert Parks, Member at Large Appointed by the Governor, Chairman

• Phil Everingham, President of the Marine Council, Vice Chairman         

• Janet McAliley, Rep. Environmental or Civic Org., Appointed by the Governor

• Theo Long, designee for the Representative from Environmental or Civic

• Organization, Appointed by the Governor

• Dick Bunnell, designee for the Chair of the Miami River Marine Group

• Ernie Martin, Neighborhood Rep., Appointed by City of Miami Commission

• Sallye Jude, Neighborhood Rep., Appointed by Miami-Dade Commission

• Eddie Rodriguez, designee for the Member at Large, Appointed by Miami-Dade

• Armando Vilaboy, attended for Dr. Pamela Dana, designee for Governor of State of Florida

• Adam Lukin, designee for Downtown Development Authority Executive Director

• Bruno Barreiro, Miami-Dade County Commissioner

• Betty Gutierrez, designee for Miami-Dade County Commissioner Bruno Barreiro

• Steve Wright, designee for City Commissioner Joe Sanchez

• Cleve Jones, Jr., Member at Large Appointed by the City Commission

• Henry Sori, designee for Miami-Dade County Mayor Alex Penelas

• Irela Bague, designee for the Chair of the South Florida Water Management District (SFWMD)

• Gary Winston, designee for the State Attorney, Katherine Fernandez-Rundell

MRC Staff: Brett Bibeau, Managing Director

Others attending interested in the River:

• Lucia Dougherty, Greenberg Traurig

• Alan Lester, B Developments

• Miguel Barbagallo, B Developments

• Jaime Schapiro, Shapiro and Associates

• Anthony Viers, Kimley-Horn and Associates

• Horacio Stuart-Aguirre, Durham Park Neighborhood Association

• Dr. Fran Bohnsack, Miami River Marine Group

• Jim Murley, Florida Atlantic University

• Liz Abbott, SFWMD

• Elizabeth Chacon, Lawrence Subdivision Resident

  I.  Chairs Report

  Ms. Sallye Jude moved to approve the MRC’s March 1, 2004 minutes.  Ms. Janet McAliley seconded the motion, which was unanimously adopted.

Mr. Parks welcomed Mr. Armando Vilaboy from Governor Bush’s Office, attending on behalf of the Governor’s designee, Dr. Pam Dana.  Parks thanked Mr. Vilaboy for Governor Bush’s participation and interest in the Miami River .

Mr. Parks announced that Adriana Cabrera, Miami River Commission Assistant Director, gave notice of her resignation, effective April 10, 2004 (Miami Riverday), due to the excessive number of work hours required for the position, with an insufficient annual salary of $32,000 per year.  Parks noted the importance for the MRC to continue receiving increases to the MRC’s limited operational funding budget.  Parks stated the MRC’s small staff has spent significant amounts of time in carrying out the MRC’s work.  Parks explained that Brett Bibeau, MRC Managing Director, spoke individually with the MRC Chair and Vice-Chair, whom authorized him to advertise for the available Assistant Managing Director position.  Approximatley 50 resumes have been received in response to the advertisement, and Bibeau has scheduled several interviews.  Parks noted the position will be filled by Bibeau as close to April 10, 2004 as possible.

Parks asked Bibeau to provide the MRC with an update on future MRC operational allocations.  Bibeau stated the approach this year is that upon the Legislature’s approval of the SFWMD budget, Ms. Irela Bague has agreed to sponsor a $200,000 appropriation from their budget for MRC operational funding.  Parks noted the SFWMD provided the MRC’s first operational funding grants.  The MRC thanked Ms. Bague for her leadership and support.  Bibeau noted MRC staff will continue to seek additional grants for MRC operational funding.

Parks reminded all attendees that the free Eighth Annual Miami Riverday is Saturday, April 10, 2004 , in José Martí Park ( SW 4^th ST and SW 4^th Ave ) from 11-5 PM .  Parks asked for MRC members to spend time in the MRC booth at the festival.

Parks asked if there were any questions for the Chair.  Hearing none, Parks concluded his report.

II. “Terraza’s de Miami River” Major Use Special Permit (MUSP)  Application

Ms. Lucia Dougherty, Greenberg Traurig, presented the MUSP application for “Terraza’s de Miami River”, located at 1861 NW South River Drive .  Ms. Dougherty noted that on July 7, 2003 , the MRC unanimously recommended approval of the proposed “Terraza’s de Miami River ” Phase I, which was one 35 story residential building.  The potential developers have revised their plans to two buildings, partially due to Federal Aviation Administration (FAA) regulations.  Phase I was reduced from 35 stories (350 feet) to 27 stories (270 feet), and a new Phase II building consists of 124 residential units and 20 floors (225 feet).  The MUSP has a total of 324 residential units, therefore is an “as-of-right development” complying with all current zoning (R4) and land use regulations.  Dougherty noted the site has never had a marine industrial use, and most recently was a psychiatric hospital, which closed a couple years ago.  The developers desire to incorporate a water taxi stop on the publicly accessible unobstructed 16-foot wide riverwalk path, connecting with 5,000 square feet of accessory commercial space (potential restaurant or office).  The proposed riverwalk will have a gate connecting it to the adjacent Sewell Park , and the gate will be open during daylight.  The parking garages are facaded with 4 floors of town-home units, which front the riverwalk and Sewell Park .  Dougherty stated the project is consistent with the Miami River Greenway Action Plan.  Dougherty feels the proposed development will provide needed “eyes on the park”.  The sites major trees have been preserved and others are being relocated on the property to provide a buffer with Sewell Park .  Dougherty noted the City of Miami permited Phase I with 200 units.

Mr. Parks asked for any questions from non-MRC members attending the meeting.  Ms. Theo Long asked what would happen if all the units in the two Phase proposal were not sold.  Dougherty responded that the residential units will be marketed to the nearby Civic Center employees, of which less than 10% live in the area, and the financing bank requires 60-70% pre-sales of the residential units before making the construction loan.

Ms. Elizabeth Chacon, a resident from 1051 NW 18 Ave, stated her home is located near the proposed project, and expressed concern with an increase in traffic with limited access on a narrow two lane road from 17^th and 22 Avenues.  Mr. Alan Lester, B Developments, provided copies of the one page “Conclusion” of Kimley-Horn and Associates, Inc.’s, “Traffic Impact Analysis – Terrazas de Miami River”, stating in part, “Results of these analysis demonstrate that the transportation corridors and study intersections will continue to have sufficient capacity and operate at acceptable levels of service.”  Ms. Chacon noted that since the nearby I-836 recently increased its toll, drivers are avoiding paying the fee by exiting on 27 Ave, and proceeding through this area.  Dougherty responded that the former psychiatric hospital, with visitors, doctors, orderlies, and deliveries had more traffic than the proposed residential development would.  Chacon stated she believes the 324 residential units would create more traffic volume than the former psychiatric hospital.

Dr. Martin asked if anyone else from the public had any comments to make to the MRC, and Parks asked if anyone would like to make any further comments on the project.  Hearing none, Parks turned the discussion over to the MRC members, and asked Jim Murley to present the findings of the MRC’s Urban Infill Working Group (UIWG).

Jim Murley cited the March 16, 2004 UIWG minutes and Development Technical Review Form, regarding the proposed “Terrazas de Miami River” MUSP.  Murley stated the UIWG found the project to be consistent with the Miami River Corridor Urban Infill Plan, in providing a new residential project which is consistent with the existing R4 zoning and land use, requires no special exceptions or waivers, and provides an adjacent publicly accessible riverwalk.  Murley noted MRC member Dr. Ernie Martin attended the UIWG meeting, and found the project to be inconsistent with the Miami River Corridor Urban Infill Plan, in that it was out of scale with the surrounding neighborhood and too dense for this “middle river” area.

Dr. Ernie Martin, chair of the MRC’s Greenways subcommittee, stated the proposed “Terraza’s de Miami River” project has met all the riverwalk conditions, and is therefore now consistent with the Miami River Greenway Action Plan.  Martin noted the developer’s sensitivity to preserving and or relocating the major existing trees on the project site.  Dr. Martin further stated that he believes the proposal is inconsistent with the Miami River Corridor Urban Infill Plan, in that the project is to dense and out of scale with the surrounding “middle river” neighborhoods.  Martin re-stated his concern that the Infill Plan’s mechanism for preserving the character and low-density scale of several Miami River neighborhoods, is the City of Miami ’s “Neighborhood Conservation District” (NCD) designation process, which has not even begun for any neighborhoods adjacent to the Miami River .  Martin stated the “middle river” residents are growing increasingly concerned that new proposed high-density developments will adversely impact their quality of life.  Martin stated the “middle river” character is in jeopardy by the several proposed high-density projects in the area, which if approved would create a “canyon” of high-rise developments up to the 22^nd Ave Bridge.  Martin cited several development moratoriums being considered in the Upper East-Side, Coral Way , Miami Beach , downtown Fort Lauderale , and Surfside, based on quality of life reasons.

Mr. Dick Bunnell asked about the Urban Infill Plan’s recommended step-back from the Miami River .  Lester replied that the original Phase I-35 story proposal was stepped back as required on a 45 degree angle, staring on the 27^th floor, yet since Phase I was reduced to 27 stories, the step back is no longer required.  Lester pointed out that Phase I was stepped back from the shoreline and riverwalk between the ground floor townhomes and the 27-story building.  Bunnell asked if the 16-foot wide unobstructed riverwalk pedestrian path included the proposed 5-foot wide boardwalk, and Lester replied that the boardwalk was in addition to the upland’s 16-foot wide unobstructed riverwalk path.

Dr. Ernie Martin moved for the MRC to recommend that the City Commission deny the “Terraza’s de Miami River” MUSP.  Ms. Janet McAliley seconded the motion.  Ms. Dougherty reminded the MRC board members that the site’s current zoning and land use are consistent with the MUSP application.  Commissioner Bruno Barreiro stated the project featured a publicly accessible riverwalk, consistent with the Miami River Greenway Action Plan, connecting to the underutilized Sewell Park .  Barreiro noted the proposal is consistent with “Eastward Ho” and “Urban Infill” in building new residential units in urban core sites with compatible zoning and land uses.  Barreiro stated the only way to keep development from proceeding further to the west, is to permit residential redevelopment of sites such as this one.  Bunnell asked Dr. Martin what amendments he would require to the proposal to be in favor of the project.  Martin replied that he would support residential development on this site, up to 10 stories tall, and stated he wasn’t “anti-development”, rather desires development to be of appropriate scale and consistent with the surrounding neighborhoods, and the existing R4 zoning, which is the same density as areas in downtown Miami, is improper for this area.  The Motion for the MRC to recommend the City Commission deny the “Terraza’s de Miami River” MUSP was denied by a vote of 7-5.  Commissioner Barreiro made a motion for the MRC to recommend the City Commission approve the “Terraza’s de Miami River” MUSP, subject to the following three conditions set forth in the UIWG Development Technical Review Form: “

1. Provide a publicly accessible 16-foot wide unobstructed riverwalk pedestrian path

2. Provide an 8-foot wide unobstructed “on-road” greenway pedestrian path

3. Provide connectivity between the publicly accessible Riverwalk and “on-road” greenway sections

The motion was seconded by Henry Sori, and was approved by a vote of 8-4.

Mr. Horacio Stuart Aguirre, asked the Chair if he had asked for comments from the public, and Mr. Parks replied he open the floor to the public on two occasions, and Dr. Martin asked if there were any comments from the public as well.  Parks stated he did not mean to cut anyone from speaking, and that Mr. Aguirre was welcome to address the MRC.  Mr. Aguirre stated it was after the fact so there was no point, and thanked Mr. Parks.

 III.  Status of Miami-Dade County Proposed General Obligation Bond (GOB) Issue – Mr. Bibeau provided MRC members and meeting attendees with copies of the MRC’s March 1, 2004 letter to the Board of County Commissioners, respectfully recommending the proposed GOB include $12 million to develop the Miami River Greenway in public rights-of-way, and funding to improve the Miami River’s stormwater and sanitary sewer systems.  Bibeau stated Miami-Dade County officials have warmly received the MRC’s recommended projects, and Bibeau anticipates the items will be included at some level of funding in the proposed list of projects to be placed on the referendum for a vote by the general public.  Bibeau thanked Commissioner Barreiro and Mayor Penelas for their support of the MRC’s recommendations.  Mr. Parks noted the importance of the proposed GOB for the Miami River Corridor, and echoed Bibeau’s thanks extended to Penelas and Barreiro.

Mr. Parks asked Ernie Martin to provide the MRC with the status of the $1,000,000 Miami River Greenway line item in the Federal Transportation Bill.  Martin deferred to Lavinia Freeman, Trust for Public Land .  Ms. Freeman stated Cathy Bowmen, TPL’s Tallahassee Office, worked with U.S. Representative Mario Diaz-Balart, and as a result there are two Miami River Greenway line items in the Transportation Bill, $1,000,000 for the Riverwalk at the Fifth Street Bridge , and an additional $2,000,000 line item for the Miami River Greenway in general.  Parks thanked Freeman for the good news.  Irela Bague asked for the Bill numbers, and Ms. Freeman offered to forward the information to the MRC.  Parks asked for Bibeau to forward the Bill numbers to all MRC board members, and stated the MRC would assist in supporting the Miami River Greenway line items.  Dr. Martin thanked Parks for bringing the issue up, and noted that U.S. Representative Kendrick Meek has been supportive of the Miami River Greenway line items as well.        

 II.  Miami River Fund, Inc. (MRFI) Update 

 Phil Everingham stated the MRFI held a publicly noticed Board meeting on March 18, 2004 , and discussed an item of interest to the MRC.  Everingham stated the MRFI drafted a letter to the Florida Attorney General asking for an opinion on whether the MRFI, a designated non-for-profit incorporation, was required to operate under the sunshine law.  The draft letter was reviewed and amended by the MRC’s Executive Committee and the MRFI Board.  Upon making the requested revisions, the letter will be mailed.

Everingham stated the MRFI approved two potential new board members, and they will be meeting during April to further discuss the MRFI’s Board Member Responsibilities and the “Campaign for the Miami River ”.

Everingham stated the MRFI’s “Campaign for the Miami River ” is expanding its fundraising campaign to include a broader approach with increased opportunities.  Everingham stated the Doug Bruce and Associates balance has been paid up to 2003 and 2004.

Parks asked if anyone had any questions.  Gary Winston stated if the letter is sent to the State Attorney, they would probably respond to err on the side of caution and do everything in accordance with the law.  Everingham clarified the draft letter is addressed to the Florida Attorney General, and noted the MRFI’s has been publicly noticing its regularly scheduled board meetings.  Parks stated he asked for the MRFI’s draft letter to be reviewed by the MRC’s Executive Committee, which Gary Winston serves on as the designee to the State Attorney, because Winston had raised the issue and has legal expertise.  Winston stated he was glad to review the revised draft letter.

 III. Group Reports

Parks asked if anyone else had any questions for Everingham regarding the MRFI.  Hearing none, Parks asked Dick Bunnell, co-chair of the MRC’s Dredging Working Group, to provide their report.           

Dredging Working Group – Dick Bunnell stated he just spoke on the phone with an Army Corps of Engineers representative, whom informed him that the Corps DC headquarters was currently considering re-programming a portion of the Miami River dredging project’s previously appropriated federal funds back to the project, which would provide the fiscal potential to award their RFP, and contract with a bidder to dredge the Miami River.  Bunnell noted that of the over $25 million in federal funding appropriated for the Miami River Dredging project in annual increments since 2000, the Corps re-programmed $20 million to other projects.  Bunnell asked Bibeau for a report on the status of the Federal 2005 Fiscal Year’s $10,000,000 congressional ad request for the project.  Bibeau stated the MRC’s $10,000,000 request has been consistent over the last few years, and the MRC was always grateful of the approved appropriations, which ranged from $4 million to $6.7 million per year.  Bibeau stated as the project is scheduled to commence this year, it is important for all MRC members to reach out to the U.S. House of Representatives and Senate in support of significant funding for the Miami River Dredging project in this critical year for the project.  Bunnell noted the MRC has been working closely with U.S. Representative Ileana Ros-Lehtinen, whom remains in strong support of the project.  The Army Corps General Strock assured the Congresswoman that the Corps would begin re-programming the appropriated funding back to the intended Miami River Dredging project, by the end of March 2004.  Therefore, Bunnell stated he felt it is just a matter of days before the re-programming will commence.  Parks asked MRC staff to continue encouraging the return of the previously appropriated Miami River Dredging Federal funding, expedition of the Corps required Economic Study, and commencing the dredging of the Miami River.  Bibeau noted that in coordination with the MRC, letters with those recommendations were sent between April and March 2004 to General Strock from Rep. Ros-Lehtinen, Governor Bush, Miami-Dade County Mayor Penelas, and Commissioner Bruno Barreiro, and Bibeau thanked the officials for their continued support.

Liz Abbott, SFWMD, stated they were submitting a $6,000,000 (2$ million per year for three years) application to the Florida Inland Navigational District’s (FIND) “cooperative program”, towards the local cost share of dredging the Federal Navigable Channel and the additional “bank-to-bank” dredging option outside the Channel.  Abbott noted the FIND application requires a permit for the project to be issued no later than September 26, 2004 .  Parks noted the fact that a $6,000,000 FIND grant application requires a permit for the project, should be included in the overall effort to commence the Miami River Dredging project this year.  Bunnell stated he mentioned the FIND application and permit and issue to the Corps.

Public Safety and Security – Gary Winston deferred to Dr. Bohnsack, Executive Director of the Miami River Marine Group.  Dr. Bohnsack stated she attended a recent large Port Security Conference and sat on a board where Captain Watson cited the Miami River Port Security Plan as a national model.

Miami River Corridor Urban Infill Working Group (UIWG) – Mr. Jim Murley stated the UIWG was working on having a comprehensive traffic study conducted on the Miami River Corridor, focusing on North and South River Drives.  In addition, Murley noted the UIWG is seeking “Strategic Intermodal System” designation by the Florida Legislature for the Miami River Urban Infill Corridor, which would make the area eligible for significant state transportation funding.

Dr. Ernie Martin stated when the MRC adopted the Miami River Corridor Urban Infill Plan in September 2002, the Plan recommended a newly created “Neighborhood Conservation District” designation as the strategy to preserve the low-scale and character of several river neighborhood areas.  Martin stated the selected NCD tool has not proven successful, because the City of Miami has not considered designating any of the neighborhood areas recommended for NCD designation in the Miami River Corridor Urban Infill Plan.  Martin recommended amending the MRC’s strategy for conserving the recommended neighborhood areas from depending on NCD designation, which is apparently no longer a viable alternative.  Parks asked Martin what was the new strategy he was recommending.  Martin replied there are recent models of temporary moratoriums on accepting new development applications in specific areas until a strategic plan and or appropriate Comprehensive Plan and Zoning Code amendments have been adopted for those areas to guide future growth.  Commissioner Barreiro stated the Miami River Corridor is different from the Upper East Side or other areas under consideration for a temporary moratorium, and believes the City Commission would not approve a moratorium for the Miami River Corridor.  Barreiro stated the areas currently zoned for high-density development along the Miami River should continue to be approved, then the residential development market will eventually satisfy itself.  Parks stated he believes the City Commission will continue to approve vertical development along the Miami River, and the MRC’s efforts in getting developers to provide concessions, such as a publicly accessible riverwalks where not required on private property, have proven effective in making developments, which will eventually be approved, the best they may be for the area.  Jim Murley noted Mayor Diaz stated in his recent State of the City address, that the City will launch a new City-wide master plan.  Murley stated when the Miami River Corridor Urban Infill Plan was drafted under a Joint Planning Agreement with the City of Miami Planning Department, Miami-Dade County Planning Department, Miami River Commission and consultants from 2000-2002, there were several large vacant downtown riverfront properties, and we did not expect the existing residential development market of higher-densities in the “Middle” and “Upper” river areas.  Murley suggested asking the City to recommend any revisions to the Miami River Corridor Urban Infill Plan upon completion of their “Miami River Economic Analysis”. 

Greenways Subcommittee – Dr. Martin displayed an aerial of the Miami River corridor, highlighting 22 riverwalk/greenway sections either currently under construction or funded with engineering documents being developed.  The exhibit was prepared by TPL’s consultants, Kimley-Horn and Associates.  Martin stated the Miami River Greenway is happening, and the MRC has been instrumental in working with developers to have riverwalks consistent with the  Miami River Greenway Action Plan.  Parks thanked the Greenways Subcommittee and TPL for doing a tremendous job.  Martin announced the next publicly noticed Greenways subcommittee meeting will be held on April 8, 2004, 2 PM, on the eighth floor of the City of Miami’s “Miami Riverside Center”, 444 SW 2^nd Ave.  Lavinia Freeman introduced TPL’s newest local administrative assistant, Ms. Jeanette Stanley.

Stormwater Subcommittee – Ms. Sallye Jude stated the Stormwater subcommittee continues to work on implementing the Miami River Basin Water Quality Improvement Report.  A phase of the report’s recommended “dye flood testing” was completed, yet found no improper connections between the separate sanitary and stormwater systems to correct.  Jude noted there is additional allocated funding to continue testing.  Bibeau reported that on February 1, 2004, the MRC authorized the Stormwater Subcommittee to issue a Request for Proposals (RFP) for the “Upper Wagner Creek Isolation Survey”.  The survey is designed to search for the e-coli pollution source contaminating Wagner Creek, and the project is funded by the South Florida Water Management District (SFWMD) 2004 grant to the MRC.  The RFP was released to City of Miami pre-qualified engineering firms on Friday, March 5, 2004 and bids were due by the end of March.  The Stormwater subcommittees designated RFP evaluation committee, consisting of one representative from the Florida Department of Environmental Protection, SFWMD, City of Miami, Miami-Dade County Department of Environmental Resources, Miami-Dade Water and Sewer Department and MRC, met to review the one submitted bid.  The committee found that the submitted bid appeared to be responsive to the RFP, and remains under evaluation.  Bibeau stated if the Subcommittee finds the bid to be acceptable, they seek the MRC’s authorization to commence negotiations and enter into a contract, if appropriate, with the bidder.  Parks stated the Committee should complete their evaluation of the bid, enter into any necessary negations, and draft a contract for final review by the full MRC.

  Economic Development & Commerce (EDC) Subcommittee – The EDC continues to work on hosting the one-day “Miami River Marine Industries Symposium” near the end of September 2004.

III. New Business

IV. Adjournment 

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

_____________________________Recording Secretary

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