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MIAMI RIVER COMMISSION 
c/o Robert King High
1407 NW 7St. Suite D, Miami FL 33125
Phone: 305-664-0544
Fax: 305-642-1136

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Mr. Eric Buermann , Chair of the Miami River Commission (MRC), convened the meeting at noon , Monday, July 9, 2007 , United Way Ryder Room, 3250 SW 3 rd Avenue , Miami , Florida

Miami River Commission Policy Committee Members and/or Designees attending:

• Eric Buermann, 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
• Lubby Navarro, designee for County Commissioner Bruno Barreiro
• Robert Villar, designee for the Honorable 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
• Barry Johnson, President of the Greater Miami Chamber of Commerce
• 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
• Dr. Ernie Martin , Neighborhood rep., appointed by Miami City Commission
• Manny Prieguez, Member-at-Large, appointed by Miami City Commission
• Debbie Musgrove Zimmerman, designee for Congresswoman Ileana Ros-Lehtinen (ex-officio MRC board member)

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

Others attending interested in the River:

• Jim Murley, Florida Atlantic University
• Luciana Gonzalez, City of Miami Planning Department
• Robert Weinreb, City of Miami
• Dorian Valdez , Miami-Dade DERM
• Marina Blanco-Papo, Miami-Dade DERM
• Dany Berthold-Moise, Miami-Dade County
• Evan Skornick, South Florida Water Management District
• Fran Bohnsack, Miami River Marine Group
• Jeffrey Hooper, AME Shipping
• Mark Bailey, Merrill-Stevens
• Alma Llinas Keyes Realty
• Enrique Cubillos
• Carlos Saenz
• Bernardo Saenz
• Patricia Harris
• Rebecca Long
• Robert Lamar
• Horacio Stuart-Aguirre

I. MRC Chair Report
MRC Chair Eric Buermann welcomed board members and attendees to the MRC's July 9, 2007 meeting. On behalf of the MRC, Chair Buermann presented the Honorable Representative Juan “JC” Planas with a plaque of appreciation for his ongoing support for Miami River improvement projects and the MRC. Representative Planas thanked the MRC for the honor and noted he would continue supporting Miami River initiatives. (Following the MRC meeting, appreciation plaques were also presented to ST Representatives Luis Garcia and Julio Robaina all of whom co-sponsored the Legislature approved $250,000 line item for the MRC during the 2007 session).

On Behalf of the MRC, Chair Buermann presented a token of appreciation to the MRC's Greenways Subcommittee Chair Dr. Martin, for his outstanding long-term efforts which were critical to bringing the riverfront Point Park to fruition within the historic Spring Garden neighborhood. The plaque features a picture of Dr. Martin holding the scissors during Point Park 's ribbon cutting ceremony, which was held on May 11, 2007 .

Mr. Buermann encouraged everyone to stay for the County's presentation of a grand total $20.5 million check to continue the 40% complete Miami River maintenance dredging project, consisting of generous cost share's from Congress, State of FL , FIND, Miami-Dade County and the City of Miami . Chairman Barreiro's invitation memo for the dredging project's check presentation ceremony was distributed. The presentation will be held in the same room immediately following the MRC meeting, at 2 PM .

Chair Buermann asked for a motion to approve the MRC's May 7, 2007 meeting minutes. Ms. Sallye Jude moved to approve the MRC's May 7, 2007 meeting minutes. The motion was seconded by Mr. Dana Nottingham , and unanimously adopted.

Chair Buermann noted on June 29 MRC staff mailed all MRC board members and designees the Fiscal Year (FY) 2008 (July 1, 2007 – June 30, 2008) operational budget and FY ‘07 and FY ‘08 Audit Engagement Letter, both of which were unanimously adopted by the Executive Committee on June 15, 2007.

Chair Buermann stated he was pleased to announce the Elizabeth Ordway Dunn Foundation awarded the MRC a $10,000 grant. This is the MRC's second grant award from the Elizabeth Ordway Dunn Foundation, and the MRC sincerely appreciates their continued support.

Chair Buermann stated as the members will recall, the Executive Committee authorized the creation of a “Miami River Marine Industrial Economic Analysis”. The Economic Development and Commerce's May 2007 minutes reflect the Empowerment Zone awarded a $17,130 grant towards creating the Analysis, leaving a $5,040 which will be funded out of the available $25,000 balance in the Miami-Dade County awarded grant. Contracts have been executed with the Empowerment Trust, FAU in the amount of $15,120, and Dr. Stronge in the amount of $7,050, for the Analysis' grand total $22,170 Scope of Services, which was previously approved by the Executive Committee.

Chair Buermann stated as most of the attendees are aware, the Honorable Governor Crist recently vetoed the Legislature's $250,000 line item for the MRC. Chair Buermann explained it is his understanding that the Governor vetoed the line item because the only eligible recipients for funding from the environmental related Trust Fund it was appropriated from are Counties, Municipalities and Water Management Districts. Mr. Buermann reported he has expressed his strong support for the South Florida Water Management District (SFWMD) to renew their annual $250,000 appropriation for the MRC to Carol Wehle, SFWMD Executive Director, whom indicated the SFWMD's FY '08 budget, which commences October 1, 2007 , will include $250,000 for the MRC.

Chair Buermann reported he authorized MRC staff to re-apply for the Miami-Dade County Department of Environmental Resource Management (DERM) Community Based Organization (CBO) grant funding in order to continue the Miami River Educational Boat Tour program.

On behalf of the MRC, Chair Buermann congratulated the MRC's Managing Director Brett Bibeau for recently being awarded the “Best of Miami 2007 - Backstage Leader” by the Miami Today.

Chair Buermann noted similar to the City and County, the MRC does not meet in August. Due to Labor Day being on the first Monday in September, the next MRC meeting will be held at noon on Monday September 10, 2007, probably back the regular location, 1407 NW 7 ST.

II. Miami 21-Eastern Quadrant Update - Mr. Jim Murley , Chair of the MRC's Urban Infill Working Group (UIWG), welcomed Ms. Luciana Gonzalez, Special Projects Coordinator for the City of Miami Planning Department, and noted Miami 21 is an exciting opportunity for smart growth urban infill redevelopment. Mr. Murley noted the UIWG continues to attend and participate as directed in public meetings and workshops regarding the draft Miami 21. Mr. Murley noted on June 20 the City of Miami posted positive amendments to the draft Miami 21 Eastern Quadrant on its website, following the April 2, 2007 meeting in which the MRC had formulated its preliminary advisory recommendation that the draft Miami 21 – Eastern Quadrant is consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan , subject to the following three conditions:

•  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.

•  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.

•  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)

Mr. Murley reported on June 29 MRC staff mailed all MRC board members and designees the proposed amendments to the draft Miami 21 – Eastern quadrant, posted June 20 on the City of Miami's website. Mr. Murley noted following the April 2, 2007 MRC meeting, the Scribner's error on the draft Miami 21 zoning atlas, which designated the Miami Circle as a high-density residential related Urban Core (T-6) transect zone, had been amended to Civic Space (CS), therefore that condition of the MRC's positive recommendation has been incorporated and should be removed from future MRC recommendations. The most River related of the proposed amendments is on page 16, distributed by staff, revising Article 6, Section 6.10 “Waterfront Setbacks” which addresses “waterfront walkways” as well. Mr. Murley noted he recommends the riverfront building setback and riverwalk regulations need further amendments in order to be consistent with the Miami River Greenway Action Plan, which was adopted in 2001 by the City of Miami , Miami-Dade County and the MRC. The draft amendment currently requires the MRC recommended 50 foot waterfront building setback formula for all riverfront parcels, except those proposed to become D1 or D2 (formerly SD-4), T3 and T4R, (formerly low density residential R1 and R2), where the riverfront building setback becomes 20 feet. Therefore Mr. Murley recommended the MRC continue to advocate for the exceptions to currently zoned SD-4 parcels, which are proposed to become D1 or D2, from the setback and riverfront requirements, which is consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan . Mr. Murley and Mr. Buermann noted during the June 28, 2007 City Commission hearing, the City's lead Miami 21 consultant, Liz Plater Zyberk, stated the 20 foot riverfront building setback for D1 and D2 would be deleted from the draft Miami 21 prior to the City Commission's next public hearing.

Mr. Murley stated the City's recently posted draft amendment only “encourages” the publicly accessible riverwalk, with the MRC recommended exceptions for T3, T4R, D1 & D2. Therefore Mr. Murley recommended the MRC continue to advocate the riverwalk be “required” rather than “encouraged”, with the amendments current exceptions. The amendment cites a 12 foot minimum riverwalk width, therefore the UIWG recommends the MRC continue to advocate for a minimum 16 foot wide unobstructed pedestrian path, which is consistent with the Miami River Greenway Action Plan.

Mr. Murley stated as chair of the MRC's Urban Infill Working Group, he specifically recommends the MRC find the draft Miami 21, Eastern Quadrant to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to the following remaining conditions: Revising the amendment to Article 6, Section 6.10 (a) by replacing the word “encouraged” with “required”, in (a) 2. replacing “12 feet” with “16 feet”, inserting the word “unobstructed” in front of “pedestrian walkway”, and exempting D1 & D2 from the waterfront setback requirements.

Mr. Murley noted during the draft ordinance's 1 st reading, the City of Miami Commission deferred the item until September 2007, after a series of public hearings are held while the MRC is adjourned during the month of August.

Mr. Robert Ruano stated he opposed exempting D1 and D2 properties from riverwalk and building setback requirements, and suggested allowing individual exceptions to be considered on a case by case basis among shipping terminals, marinas and dry stack storage facilities to maximize public access along the riverfront. Mr. Ruano noted that Grove Harbor Marina in Coconut Grove had successfully incorporated a publicly accessible baywalk. Mr. Robert Weinreb , City of Miami , noted that Grove Harbor Marina, a city-owned property, required the operator to have public access along the waterfront, as well as a person on-staff directing pedestrian and vessel traffic, which has been successful thus far .

Mr. Richard Dubin noted he has owned and operated a shipping terminal on the Miami River for over 25 years, and explained the difficult insurance and homeland security issues involved with requiring publicly accessible riverwalks at commercial marinas and shipping terminals. Mr. Horacio Stuart-Aguirre, Miami River homeowner in Durham Park neighborhood, noted he was opposed to requiring a riverfront building setback and publicly accessible riverwalk in D1 and D2 parcels. Mr. Stuart Aguirre stated Grove Key Harbor 's publicly accessible baywalk is dangerous and an accident waiting to happen considering the incompatible adjacent dry-stack marina, and suggested eliminating structures from the riverfront's first 20 feet and requiring a publicly accessible riverwalk within D1 and D2 would eliminate marine industrial businesses and make them uninsurable. Ms. Brenda Marshall, The Trust for Public Land, noted the City Commission adopted Miami River Greenway Action Plan had always taken safety and compatibility into account, therefore included an on-road greenway which would proceed around low-density neighborhoods and marine industrial businesses along the “Working River”. Mr. Murley noted of the numerous river restaurant sites, only three narrow sites are proposed to become D1. Mr. Murley provided a brief explanation of the Miami River Greenway Action Plan , which depicts the proposed greenway route's publicly accessible pedestrian path proceeding around SD-4 marine industrial and low-density residential riverfront parcels as an on-road greenway, and copies of portions of the adopted Plan were distributed. The “Chronology of MRC's recommendation for the Miami River Greenway system to proceed around SD-4 marine industrial and low density residential parcels as an on-road greenway” was distributed.

Mr. Ruano noted riverfront restaurant “Finnegan's River”, currently zoned SD-4 could have created greater waterfront access if they would have incorporated a publicly accessible riverwalk at their site, instead of the planned and funded on-road greenway proceeding around the site. Mr. Murley explained that the owner of Finnegan's River had decided to renovate the site's previous structures, which had no waterfront setback, and under the provisions of the existing zoning code built their desired restaurant which was a permissible use without any amendments to the site's land use or zoning. Mr. Murley added that if the owner of Finnegan's River wished to amend the zoning of their property, the proposed draft Miami 21 would require them to include a 50-foot riverfront setback formula and encourage a publicly accessible riverwalk under their proposed T6.

Miami-Dade County Chairman Bruno Barreiro stated the administration and MRC need to be vigilant in seeking publicly accessible riverwalk's when sites are redeveloped. Dr. Ernie Martin , Chair of the MRC's Greenways Subcommittee, noted the City of Miami funded the creation of the “Miami River Greenway Design Guidelines and Standards,” which establishes a unified set of design standards for the future development of the Miami River Greenway. Sections of the “Miami River Greenway Regulatory Design Standards and Guidelines” were distributed to attendees, and Dr. Martin noted consistent with the adopted Miami River Greenway Action Plan , they stipulate the riverwalk will become an on-road greenway proceeding around low density neighborhoods and marine industrial (D1 and D2) parcels. When a riverwalk along the river's shore, consistent with the previously adopted Plan the draft Miami River Greenway Design Standards and Guidelines require a minimum 16 foot wide unobstructed pedestrian path. Dr. Martin noted the revised guidelines had yet to be presented to the Miami City Commission for adoption. Dr. Martin added he had recently met with City Manager Pete Hernandez whom had suggested that the revised and final “Miami River Greenway Design Guidelines and Standards” be considered for adoption as a self standing ordinance, after the Miami 21 – Eastern Quadrant is adopted.

Mr. Ruano suggested that the D1 and D2 property owners should be allowed to make a case by case consideration as to why a public accessible riverwalk would not be feasible for their property. Mr. Bibeau noted the draft Miami 21 Article 4, Table 3 “Building Function: Uses” pertaining to D1 allows food service, alcohol service and entertainment establishments “by right” rather than “by warrant”, while uses allowable “by warrant” require an administrative case-by-case review conducted by the “Coordinated Review Committee” (CRC), which would be an opportunity to review the potential for a publicly accessible riverwalk within those specific uses within D1. Mr. Dubin disagreed with placing this burden on the property owner and concurred with MRC UIWG Chair Murley's suggestion for the MRC to continue advocating for D1 and D2 to be exempt from a publicly accessible riverwalk, which is consistent with the current draft Miami 21, and in addition an exemption from the 20 foot riverfront building setback requirement within D1 and D2, which would require an amendment to the current draft Miami 21.

Ms. Sallye Jude made a motion to accept MRC UIWG Chair Murley's recommendation for the MRC to find the draft Miami 21, Eastern Quadrant to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to the following remaining conditions: Revising the amendment to Article 6, Section 6.10 (a) by replacing the word “encouraged” with “required”, in (a) 2. replacing “12 feet” with “16 feet”, inserting the word “unobstructed” in front of “pedestrian walkway”, and exempting D1 & D2 from the waterfront setback requirements. The motion was seconded by Phil Everingham and adopted by a vote of 8-3.

Ms. Gonzalez encouraged the MRC to participate in the series of Miami 21 workshops which will be held in August. The MRC agreed to consider an update regarding any new updates, revisions / amendments to the draft Miami 21 during the UIWG's July 20, 9 AM, publicly-noticed meeting at 3250 SW 3 rd Ave, and report any changes and progress update to the MRC board during its next meeting on Monday, September 10, 2007, noon, 1407 NW 7 ST.

On behalf of the residents of the Spring Garden Civic Association (SGCA), Dr. Martin expressed a concern over the definition of a building's “story,” as proposed in the draft Miami 21, as it relates to the River's historically designated Spring Garden and Lummus Park neighborhoods, located within the Eastern Quadrant. Dr. Martin noted there is currently a 50-foot height limitation for the riverfront parcels within the historically designated Spring Garden neighborhood. Dr. Martin stated the current draft Miami 21 defines each “story” has a maximum allowable height of 14 feet, while allowing 5 stories along Spring Garden's riverfront, therefore allowing a 70 foot tall building. Dr. Martin noted the SGCA would like to support the draft Miami 21, yet would like to maintain the current 50-foot height limitation. Chair Buermann and Mr. Murley suggested that Dr. Martin present this position during the UIWG's July 20, 2007 meeting followed by the MRC's September 10, 2007 meeting for further consideration.

III. MRC Subcommittee Reports

a. Dredging Subcommittee (DSC) – Mr. Bibeau provided copies of an updated estimated dredging funding summary and timeline. Ms. Sallye Jude asked for the Miami River Maintenance Dredging project's recommencement date, and Chair Buermann replied that dredging was scheduled to recommence in the Miami River by July 23, 2007, yet the contractors had recently met with U.S. Army Corps of Engineers (ACOE) representatives regarding their request for a 120 day extension for their remobilization, based on the timeline for the Boskalis sediment processing plant to return from overseas. Chair Buermann added that the ACOE had yet to make a decision regarding the contractors' request to extend the 60 days the contract currently allows from award of the acceptance sections to recommence dredging, yet considering they are yet to commence setting up the processing plant the contract required July 23 recommencement date seems unfeasible. Chair Buermann noted the MRC continues to recommend the ACOE minimize additional delays as much as technologically and logistically possible for recommencing and completing the project. Mr. Buermann further explained on May 24, 2007 the ACOE awarded dredging in the projects next acceptance sections 7 & 8 of 15, using the currently available $7 million federal cost share, which consists of the remaining $3.5 million appropriation from Fiscal Year (FY) 2006 and the $3.5 million included in the FY '07 CR.

Mr. Buermann reported the U.S. Senate Appropriation Committee has marked up the FY '08 Energy and Water Appropriations Bill, with $7.5 million for the project, which is a $3 million (over 65%) congressional ad over the Honorable President's $4.5 million budget submittal.  The US Senate and Dade Delegation therefore did a tremendous job in successfully providing a significant Congressional ad over a woefully insufficient Administration FY '08 budget request. The Senate's $7.5 million mark up for the project will proceed to conference with the unreleased House mark up for the project, before the final Congressional appropriation is determined in the FY '08 budget.

The Dredging subcommittee's next regularly scheduled third Wednesday of the month publicly noticed meeting will be held July 18, at 10 am .

At 2 PM the remainder of the Dredging and other MRC subcommittee reports were deferred to the MRC's next meeting in order to commence the County's aforementioned Miami River maintenance dredging check presentation ceremony and press conference.

IV. New Business – The following items were addressed/discussed:

• Mr. Evan Skornick, South Florida Water Management District, and Mr. Robert Ruano asked Mr. Bibeau to provide supplemental information regarding the adopted FY '08 budget, and Mr. Bibeau agreed.
• Chairman Barreiro distributed copies of a July 10, 2007 memorandum to the Board of County Commissioners attaching a draft ordinance to create a Manatee Protection Plan Review Committee and to provide funding to begin collection and compilation of related data.

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