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

MONDAY,
May 3, 2004
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Chairman Robert Parks called the Miami River Commission (MRC) meeting to order at 12:00 p.m. on Monday, May 3, 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, designee for the Chair 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

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

• Megan Kelly, designee for Greater Miami Chamber of Commerce

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

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

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

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

• Tony Garastazu, attended for Dr. Pamela Dana, designee for Governor of State of Florida

• Beau Payne, designee for the Member at Large, Appointed by City of Miami Commission

MRC Staff: Brett Bibeau, Managing Director
                  Yadira Pulido, Assistant Managing Director

Others attending interested in the River:

• Jim Murley, Florida Atlantic University (FU) Cantanese Center

• Dr. Susan Markley, Miami Dade County Department of Environmental Protection

• Patrick Karakadze, EF Builders

• Eddie Rodriguez, EF Builders

• Lavinia Freeman, Trust for Public Land

• Joel Maxwell, Assistant City Attorney

• David Restrainer, Fortune Reality

• Michael Pilver, Office of the Governor

• Ben Fernandez, Bercow Radell

• Scott Mitchell, Gunster Yoakley

• Dr. Fran Bohnsack, Miami River Marine Group

• Liz Abbott, SFWMD

I. Chair's Report: 
a.Approval of April 2004 Minutes-   Dr. Ernest Martin moved to approve the minutes of the MRC’s April 5, 2004 meeting. Ms. Sallye Jude seconded the motion.  Ms. Janet McAliley stated she had informed the MRC Managing Director of a few minor typos in the minutes.  The corrected minutes were unanimously approved.

Mr. Parks announced that Yadira Pulido is the new Assistant Managing Director of the Miami River Commission .  Mr. Parks welcomed Ms. Betty Gutierrez as the new designee for County Commissioner Bruno Barreiro.  Mr. Parks announced the birth of Commissioner Barreiro’s daughter, Bianca Barreiro.  Parks directed MRC staff to send an appropriate card on behalf of the MRC to Mr. and Mrs. Barreiro, congratulating them on the birth of their daughter.  Mr. Parks thanked Brett Bibeau, Managing Director of the Miami River Commission , his former assistant, Adriana Cabrera, all sponsors and participants for the successful eighth Annual Miami Riverday festival, held April 10, 2004 in Jose Marti Park .  Parks asked for anyone to provide MRC staff any suggestions in writing to improve the annual Miami Riverday, taking into consideration the restricted budget for this free and open festival.

Mr. Parks stated he wanted to make sure that everyone knew that the day before Miami Riverday, Friday, April 9, 2004 , the U.S. Army Corps of Engineers formally signed the contract to dredge the Miami River .  Parks noted it is an accomplished fact, and thanked Dick Bunnell and Scott Mitchell, co-chairs of the MRC’s Dredging subcommittee, for keeping the subcommittee working on this long-awaited project. Parks stated Bunnell and Mitchell would provide a full report under the Dredging Subcommittee agenda item.  Parks stated that the announcement brightened the spirit at Miami Riverday, where the Honorable Congresswoman Ileana Ros-Lehtinen joined by various City and County elected officials and the MRC announced the Miami River Dredging contract execution.  Parks stated the MRC should be proud because the reason the Miami River Dredging Project is happening is because of the MRC’s collective efforts.  Parks thanked everyone who made the project a reality.

Mr. Parks stated plaques thanking Miami Riverday sponsors were presented at Miami Riverday, and presented one to Lavinia Freeman, Trust for Public Land . 

Mr. Parks read a letter addressed to the MRC from the Urban Environment League, “We cordially invite you as an honored guest to this ceremony, so that we may present you with an Urban Environment League Orchid Award, and pay tribute to your work with the Miami River Plan.  The League salutes you as The Most Positive Development of the Year.” Mr. Parks invited the MRC to attend the ceremony to accept the kind and gratifying recognition.  Parks noted he will be out of town on the May 20 ceremony, and encouraged other members to attend, as the invitation and award are addressed to the entire MRC.

Presentations on Applications to Amend The Zoning and Land Use at 1622 NW 22nd Ave From R2 to R4

Mr. Bob Parks asked for all speakers to identify themselves and whom they represent for the record.  Parks stated the MRC would follow the same procedure as always, unless directed otherwise by a MRC member, to hear first from the applicant, take comments from the public at large, and anyone wanting to speak on the issue, and then close the public comments.  The MRC will then discuss the issue and make any motions they see fit.

Mr. Ben Fernandez, Bercow Radell, 200 S. Biscayne Blvd. , representing EF Builders, presented the application to amend the zoning and land use at 1622 NW 22nd Ave , from Duplex Residential (R-2) to Multi-Family High-Density Residential (R-4).  Fernandez stated he forwarded all MRC members and designee’s the application to amend the zoning and land use at this riverfront property, located on the North shore, immediately west of the NW 22 Ave Bridge, to assist the MRC members in the evaluation of their proposal.  Fernandez noted the application is in its embryonic stage, which will be flushed out throughout the application process, as riverfront projects require a City of Miami Class II Special Permit .  Mr. Fernandez stated the area has existing non-conforming apartment structures, which are built in nearby Duplex Residential zoned lots.  Fernandez stated this residential area to the east of Curtis Park, is different from the area west of Curtis Park, because it does not have single-family residential homes on the riverfront.  Fernandez stated the subject property is on the west of the 22nd Ave Bridge, and the applicant owns the Marine Industrial zoned (SD-4) property to the east of the 22nd Ave Bridge, and plans on maintaining its existing marina.  Fernandez stated they do not believe that developing the currently allowable Duplex Residential on this site is appropriate due to the character of the surrounding area, including R-3 to the north of the site and Marine Industrial to the East.  Fernandez stated if the property were rezoned to R-4, it would allow for a taller residential development with a narrower footprint, possibly allowing for the MRC supported Miami River Greenway to have a riverwalk at this location, while allowing the structure to be taller than the 22nd Ave Bridge, to create views for the proposed residential units.  Fernandez noted that R-3 allows for a maximum height of 50 feet, which would not clear the 22nd Ave Bridge, therefore blocking views, in addition to creating a broader footprint, which may prevent a riverwalk.  Mr. Fernandez noted that additional access to the proposed development would be available off of NW North River Drive , on the roadway beneath the 22nd Ave Bridge.  Mr. Fernandez asked if the MRC members had any questions.

Mr. Parks asked, first, for any comments from anyone in the general public whom may be opposed to the application to amend the land use and zoning.  Hearing none, Parks asked if there were any questions or comments on the proposal from anyone at all in the General Public.  Hearing none, Parks asked if there were any comments or questions from the MRC members.  Parks stated he wanted to make sure Mr. Fernandez and his clients understood that the MRC has no regulatory authority, and is only requested by City Commission resolution to provide the City Commission with a strictly advisory recommendation on City Commission Agenda Items pertaining to the Miami River .  Parks noted that the MRC’s requested advisory opinion is guided by the MRC’s adopted strategic plan, the Miami River Corridor Urban Infill Plan, which was created in conjunction with the City of Miami and Miami-Dade County . 

Ms. Jude asked what the ratio of number of people allowed in the proposed R-4 zoning per acre.  Mr. Fernandez replied R-4 zoning allows for a maximum of 150 units per acre, however it isn’t the potential developers intention to develop to that extent.  Jude asked how many units they were planning, and Fernandez replied that was not determined because there is no site plan designed for the subject property, yet it would be considerably less than 150 units per acre.

Ms. Janet McAliley asked why Fernandez was presenting the Zoning and Land Use amendment applications at this time, with so many unknown factors, including Riverwalk plans. Fernandez stated that the property owner decided to wait for the City Commission’s ruling on the Zoning and Land Use Amendments, which require the MRC’s advisory recommendation, before investing the additional “soft-costs” of preparing a site plan, architectural renderings, etc., which are a requirement of the Class II Special Permit.  Fernandez stated he would be happy to present the designed project to the MRC at a later date, when the design is completed with the final zoning and land use parameters in place.

Beau Payne asked if the single family homes located adjacent to the property were part of the application. Fernandez replied that one of the homes is part of the pending application, and one is not.

Phil Everingham asked about the status of the Marina to the East of the 22nd Ave Bridge.  The owner stated the Marina was occupied, permitted, and will be maintained as such.  Beau Payne clarified it was formerly known as the Poland Yacht Basin, and asked if any extension of the Marine Industrial use had been contemplated for the subject property to the west of the 22nd Ave Bridge.  Fernandez replied that they would apply to extend the dock along the shoreline to the western property boundary, yet neither the existing, nor proposed residential land uses, allow for the extension of Marine Industrial uses to the west.       

Mr. Jim Murley, Chair of the MRC’s Urban Infill Working Group, referenced MRC members to the subcommittee’s April 16, 2004 meeting minutes regarding this item, which were mailed in their packets and available at the meeting.  The subcommittee found the proposed increase in zoning and land use density, from Duplex Residential to Multi-Family High Density Residential, to be inconsistent with the Miami River Corridor Urban Infill Plan, and therefore advised the MRC recommend the City Commission deny the applications.  Dr. Ernie Martin read the attached MRC Urban Infill Working Group’s Technical Report, which cited the Miami River Corridor Urban Infill Plan pages 34-35, “Residential Allapattah is predominately low in density, with older single family homes and newer duplexes interspersed.” Martin referred to the pictures of the neighborhood provided by Mr. Fernandez to the MRC members, and noted the Duplex Residential character of the surrounding neighborhood.  Dr. Martin stated the proposed amendment to maximize the allowable residential density is out of scale and inappropriate for the surrounding neighborhood.  Martin stated a new residential development on this vacant “upper river” site, consistent with the present Duplex Residential zoning and land use, would be more consistent with the surrounding neighborhood and the Miami River Corridor Urban Infill Plan, which further states on pages 34-35, “The appropriateness of high density residential located directly on the River is highly questionable and should be reconsidered”.  Martin stated the application was essentially to “spot zone” one parcel R-4, in an area surrounded by lower density R-2 and R-3.  Martin stated he believes a recommendation of denial is also consistent with a new movement from Mayor Diaz and the City Commission to amend the zoning code and City of Miami Comprehensive Master Plan to protect low density neighborhoods from the encroachment of increased high-density developments.  Dr. Martin made a motion that the application to amend the Land Use and Zoning at 1622 NW 22nd Ave, from Duplex Residential to Multi-Family High Density Residential, is inconsistent with the Miami River Corridor Urban Infill Plan, therefore the MRC recommends the City Commission deny the applications.  Ms. Janet McAliley seconded the motion.  Mr. Fernandez replied to Dr. Martin’s statements and motion by noting that the adjacent parcels are zoned Marine Industrial, allowing 10 stories, and R-3, and the only reason they didn’t apply for R-3 was it would limit the height and opportunity for residential views over the 22nd Ave Bridge.  Mr. Parks asked if there were any additional questions or comments, and hearing none called the question.  The motion was unanimously approved.  Parks thanked Fernandez for his presentation, and Fernandez thanked the MRC.

Miami River Commission Subcommittee Reports–

a.  Dredging Working Group

The MRC Dredging Working Group, co-chair Dick Bunnell, stated on April 9, 2004 the U.S. Army Corps on Engineers executed an $11.8 million base bid contract with Weston / Bean, to dredge the Miami River.  Mr. Bunnell stated the full MRC should schedule to receive a presentation on the project’s status, possibly as soon as the MRC’s June 7, 2004 meeting.  Bunnell stated the Miami River Dredging project would go before the Board of County Commissioners one final time as well.  MRC Dredging Working Group Co-Chair, Mr. Scott Mitchell, explained the project’s required Memorandum of Agreement (MOA) with the U.S. Army Corps of Engineer’s is pending Miami-Dade County approval.  Parks asked County Commissioner Barreiro’s designee, Ms. Betty Gutierrez, to inquire as to the status of the required MOA.  Liz Abbott, South Florida Water Management District, noted a condition of the submitted Florida Inland Navigational District (FIND) $6,000,000 grant application, which requires  permits to be issued in order to be awarded, therefore the final permits for dredging the Miami River would need to be approved prior to September 26, 2004 for the grant application to be considered.  Mr. Parks noted the MRC remains available to assist all of the Miami River Dredging project’s related agencies and partners in commencing the long-awaited project.

b. Miami River Safety and Security Committee – Deferred, co-chairs not present.

c. Miami River Corridor Urban Infill Plan Working Group

Mr. Parks noted the Florida Department of Transportation (FDOT) has requested a presentation planned for the MRC’s June 7, 2004 meeting, regarding the Miami Intermodal Center (MIC) and all the proposed bridges crossing the River to the planned facility.  Mr. Parks noted the importance of hearing from the River’s Marine Industry regarding the proposals, which may affect the River’s Federal Navigable Channel.  Mr. Jim Murley, Chair of the Urban Infill Working Group, stated they were working on having a comprehensive transportation study conducted on the Miami River corridor.  In addition, Murley reported that consistent with the Miami River Corridor Urban Infill Plan, Miami-Dade County is preparing to present a new Marine Industrial Zoning Overlay District for the riverfront property in unincorporated Miami-Dade County , west of the 27th Ave Bridge, in the “upper river” area.

d.  Greenway’s Subcommittee

Dr. Martin, co-chair of the MRC’s Greenways Subcommittee, stated they are continuing to monitor the development of the Miami River Greenway.  Mr. Bibeau noted that per the MRC’s April 5 request, Lavinia Freeman, Trust for Public Land , provided MRC staff with Bill H3550, Line Items 1115 & 1745, which was included in the MRC package.  Jim Murley reported that the Bill was recently deferred until next session. 

e. Stormwater Subcommittee

Sallye Jude, Co-Chair of the MRC’s Stormwater Subcommittee, reported that the additional information requested by DERM on the submitted “Wagner Creek Dredging Corrective Action Plan” was scheduled to be fully responded to by the City of Miami’s consultant before April 15, 2004.

Jude stated the Stormwater subcommittee has agreed to the Florida Department of Environmental Protection’s (FDEP) request to have a monthly agenda item on creating the Total Maximum Daily Load (TMDL) water quality parameters, for Wagner Creek.  A consent decree requires the Wagner Creek TMDL’s to be established by July 2005, and they will be the first water body in Miami-Dade County to have a set TMDL.  The Miami River is required to have individual TMDL’s set in 2007-2008.

The SSC’s “Upper Wagner Creek Isolation Survey” Request for Proposals Evaluation Committee, consisting of one voting member from the City of Miami, FDEP, DERM, Miami-Dade Water and Sewer Department (WASD) and the South Florida Water Management District (SFWMD), have selected to negotiate a contract for the MRC’s consideration with the successful bidder, Camp Dresser McKee.  The contract will be for an amount not to exceed the previously awarded SFWMD grant, intended for this particular project, which was designed by the SSC’s environmental agencies to seek to identify the e-coli contamination source in Wagner Creek.

Jude reported that the WASD tested the Miami-Dade County jail facility adjacent to Wagner Creek, yet found no indication that it was a pollution source in Wagner Creek.  In addition, the SSC is working on the final selection of storm drain “stencil” materials to apply environmental messages adjacent to Miami River inlets and outfalls, using funding from a grant awarded to the MRC from the City of Miami.

f.  Economic Development and Commerce Subcommittee – Ms. Megan Kelly, co-chair of the MRC’s Economic Development and Commerce subcommittee, reported on the progress of the Miami River Marine Industries Symposium, planned for September 27, 2004.  Kelly stated that MRC staff had created a database for mailing invitations. Kelly explained the subcommittee would like to secure an additional $10,000 in sponsorships, to guarantee a first-rate event.  Kelly noted that $10,000 in sponsorships for the Symposium has been received thus far, with an additional in-kind donation from the riverfront Hyatt Regency.  Ms. Janet McAliley asked if the MRC may extend a special invitation to MRC board member Mayor Manny Diaz to the symposium, and noted the Mayor’s recent “State of the City” address had five paragraphs about the improvements to the Miami River, yet neglected to mention the MRC and its collective efforts.  Parks stated the MRC would invite Mayor Diaz to attend and address the symposium. 

New Business

IV. Adjournment 

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

_____________________________Recording Secretary

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