I. CHAIRS REPORT:

Mr. Robert Parks called the meeting to order and welcomed everyone to the September 2003 meeting.  He stated that there was a quorum present and asked for approval of the July 2003 minutes.  Gary Winston made the motion to approve the July minutes.  Janet McAliley seconded the motion.  Ernie Martin corrected the July minutes to reflect that he was not present.  The motion passed unanimously with the correction.

            Mr. Parks apologized to the Commission members for the fact that he has not been available for most of the summer due to a heavy workload. 

Mr. Parks advised the Miami River Commission that he has received a letter of resignation from David Miller.  David met with him last week and discussed the resignation and his resignation letter is made part of the record.  Mr. Parks explained that the resignation has nothing to do with the work of the MRC or any issue, but strictly a personal decision of David and his wife to move closer to their children and grandchildren. 

Mr. Parks advised that a Search Committee for a new Managing Director would include Phil Everingham, Ernie Martin and Janet McAliley.  He asked that they do their best to have a new Director onboard before David leaves.  As requested by Mr. Parks, a motion to accept David Miller’s resignation was made by Janet McAliley and seconded by Phil Everingham.  The motion passed unanimously.    

Janet McAliley then made a motion to authorize, advertise and seek a new Managing Director.  Ms. Megan Kelly seconded the motion.  Discussion ensued concerning the various methods and media.  The motion passed unanimously.  Mr. Dick Bunnell wanted to applaud the hard work that David has done for this Commission and the pride and stature that he has brought to the Commission and that members certainly appreciate it. 

Mr. Parks introduced Mr. Eddie Rodriguez who is the new Designee for Ms. Sara Babun and welcomed Mr. Rodriguez to the MRC.

II.        Presentation from City of Miami Manager, Mr. Joe Arriola

Mr. Parks stated that his office received a call from Mr. Arriola’s office advising that something had come up and Mr. Arriola would not be present.  Mr. Parks advised that should Mr. Arriola arrive, he would interrupt the current presentation to allow the Manager to make his presentation, in respect to the Manager’s position and time constraints. 

III.       Presentation of the development “Royal Atlantic ” a residential development located at 1001 NW 7^th Street (former Miami News Building )

Ms. Lucia Dougherty, Greenburg Trauig PA, provided an overview of the project.  She explained that Edwin Verdezoto, Royal Atlantic Developers, and Architects Brito Cohan & Associates are present today.  She explained that this is a 706 unit residential building, which was originally planned to be three buildings.  She stated that during meetings with the Urban Infill Working Group it was recommended that the number of buildings be reduced from three to two towers and the height lowered from 36 stories down to 27 stories.  She explained that the design meets or exceeds the Greenway plan and landscaping along the roadway is also significantly improved.  The land that is opened by removing the third building is now available for purchase as a park or other civic amenity.  (**Mr. Parks advised all present that the MRC is an advisory group to both the City Commission and Miami-Dade Commission and that we review developments or other proposals to determine if they comply with our Strategic Plan, the Miami River Corridor Urban Infill Plan.  Mr. Parks stressed that we are not a zoning board nor do we have approval or rejection powers.  The MRC is strictly an advisory group and we provide our recommendation to the City and County Commissions for issues that impact the river.**)  Ms. Dougherty continued and made clear that the property is the former Miami News Building and this property has been inactive for many years even though there is a five story building currently on the property.  She stated that the planned residential buildings would have a similar footprint to the existing building.  Jim Murley, chairman of the Urban Infill Working Group, advised that they reviewed the project and provided their recommendation in the Development Technical Review Report (attached) contained in the August 5, 2003 Working Group minutes.   Mr. Larry Cohan, architect for the project, provided a detail overview of the project and how it relates to the neighborhood and the river.  The design provides a view corridor from 7^th Street to the river and the developer will provide a river access and greenway area.  It was stated that these would be condominium units that are on average 1000 to 1100 square feet and priced in the $225,000 range.  The parking garage will not be visible from the river.  Commissioner Barreiro asked about the river walk access and availability to the public.  It was explained that the river walk will be open to the public in accordance with the city requirements and that it will be 20 feet wide and designed by Kimley-Horn & Associates, Inc. in accordance with the Greenway Plan.  Also there will be an on road greenway as it passes the development on 7^th Street .  Hearing no further questions, Bob asked for a motion.  Commissioner Barreiro made a motion to recommend approval of the project subject to comments provided on the Development Technical Review Report.    Megan Kelly seconded the motion.  Ernie Martin commented that Spring Garden was not satisfied with the height of the project, but he was in favor of the project as they modified the development to eliminate a structure and make the land available for purchase by the Trust for Public Land to become a park that will remain in perpetuity and not be used for another development.   A vote was taken and this motion passed unanimously.  Mr. Parks requested that the Technical Review Report be attached to any letter the MRC sends to the City Boards and/or Commission concerning this project.  Commissioner Barreiro asked when the project will commence construction and was advised that they expect 8-9 months for permitting and then construction will start.

IV.       Presentation for Hurricane Cove Residential Development

            Ms. Lucia Dougherty, Greenburg Trauig PA, started the presentation and introduced the developer of the project, Mr. Tony Acosta and the architect, Mr. Ed Llorka, with the firm Mouriz Salazar & Associates Inc. along with a coastal and traffic engineer.  Ms. Dougherty advised that at July’s MRC meeting, the MRC requested the developer to look into the possibility of keeping a portion of the “self-help” boatyard.  She reported that this would be inconsistent with the project and not allowed under the zoning restrictions.  She advised that the project has been reduced in height and the number of units from the July MRC presentation.  Also, the building will step back from the river and the roadway.  The project will maintain the existing marina, ships store, and restaurant as shown at the last meeting.  Ms. Dougherty explained that DERM would not approve the cantilevered boardwalk and the greenway west of the park area will now be closed off to the public because it does not meet the Greenway design standards.  She further stated that the garage space would not be visible from the river.  Mr. Parks asked if the marina was open to the public or just for condo owners.  Ms. Dougherty responded that there would be 130 slips and 50% would be for condo owners and 50% would be available to the general public.  Ernie Martin was concerned with the Greenway change along the river and hoped it could be restored or improved.  Numerous questions were asked concerning the greenway, height and mass of structures and traffic impacts.  The developer’s traffic engineer stated the roadways meet the city’s requirements with the addition of this development, but the developer is recommending and prepared to make some minor roadway changes to the area.  Mr. Eddie Rodriguez explained his major concern with this project is that it is not far from a large marine terminal and the neighbors complain about the noise from the marine terminal.  He fears this project would contribute to the number of noise complaints.  Ms. Dougherty explained that it could be put in the public record that this is a “ Working River ” and the developers would put in the “requirements of purchase” that prospective buyers understand there may be noise associated with the “ Working River ”.  More discussion ensued about the width of the river walk and the various proposals.  Dick Bunnell advised that he is against the elimination of the current marine industrial use of the property and the loss of the self-help boatyard.  Commissioner Barriero made a motion to approve the project provided the developers widen the river walk along the river to the required width as defined in the Greenway Plan (total of 20 feet wide with 16 feet of clear path and 4 feet of landscaping and benches) for the entire length of the property.  Bob Parks asked for the recommendation of the Urban Infill Working Group and that was provide by Mr. Jim Murley and contained in the Development Technical Review Report (attached).  Mr. Henry Sori seconded the motion.  

Mr. Parks then asked for comments from the public against the motion.  Mr. Tucker Gibbs, attorney for Durham Park Homeowners Association, advised that on page 33 of the Miami River Corridor Urban Infill Plan it stated that the appropriateness of high density residential in this area is highly questionable and should be reconsidered.  The plan also states that Allapatah’s waterfront industrial zoning should be maintained.  Mr. Gibbs contends the project is not consistent with the Plan and recommends the MRC preserve the marine industrial use of this property.  Mr. Stewart of Durham Park Homeowners Association (DPHA) commented that he was strongly opposed to the project and it is a gross violation of the intent of the river and its intended purposes.  Judith Lamar commented that she is a boat owner who lives in Durham Park and is opposed to the project.  Mr. Lawrence Ress commented that he lives in the neighborhood and is strongly opposed to this “monstrosity”.  Mr. Ress stated he lives in a neighborhood of houses and trees and this project is not in character with the neighborhood.  Mr. Thomas Knight stated he was opposed to the project because of the loss of the self-help boatyard.  He was very concerned that too many riverfront marine properties are being lost to residential development and that it was next to impossible to get DERM and state environmental agencies to approve any new marinas or boatyards.  Jim Broton of Spring Garden stated he supports the residents of Durham Park that are opposed to the development project.  Capt Smith commented that the loss of boat slips is occurring and that some form of boat slip “banking” is necessary.  Specifically, he proposes that boat slips be transferred to other properties, so there is not a net loss of slips on the river. 

Mr. Parks then asked for public comments in favor of the motion.  A resident from River Run Condominiums spoke in favor of the project as she felt the neighborhood needs more amenities such as the river walk, restaurants, dry cleaners, etc. and that this large project with many new homeowners would bring those type of amenities to the area.  David Restainer was in favor of the project to maintain the river walk width and greenway connectivity.   Mr. Joe Biner was in favor of the project primarily due to the river walk development and the infusion of new homeowners to the neighborhood that will help support commercial development in the area.  Mr. Richard Eichinger stated he is a boat owner and the trade off of losing the boatyard is outweighed by the improvements to the neighborhood that the additional residents will bring.  Mr. Maxwell commented that many other owners from River Run Condominiums wanted to attend the meeting but could not due to work schedules and they are in favor of the project, primarily because they would like to see more home ownership in the area.  Mr. Lamadrid commented that the self-help boatyard is not well maintained and many boaters abuse the environment while servicing their boats.  A resident asked if there was any provision that required the building to be condominiums?  Mr. Acosta, the developer, stated that the proposed buildings would be condominiums.  Mr. Parks asked Commissioner Barrreiro if he would consider amending his motion to include the fact that the residential part of the project be required to be condominiums.  Commissioner Barreiro and Henry Sori (motion second) concurred with the amendment.  Mr. Parks closed the public participation and the MRC members focused discussion on the motion.  Mr. Martin stated he was in favor of the river walk and greenway treatment, but was against the height, mass, building footprint and density.  A vote was taken and the motion with amendment failed 8 to 7. 

            Mr. Martin made a new motion to approve a properly designed greenway on the river and that the MRC ask for further building redesign to decrease the amount of density on that site.  Janet McAliley seconded the motion.  Discussion ensued and Mr. Parks asked for clarification of the motion, specifically if the developer was requested to submit new design plans to the MRC showing the reduction in density.  Mr. Martin stated that was his intention of the motion.  The clarified motion was that the MRC recommends that the greenway be moved to the riverfront and requests the developer to come back to the MRC and submit revised plans that decrease density to be more in accordance with the density standards discussed in the Urban Infill Plan.  The motion passed 9 to 4.  Mr. Parks thanked the presenters and Ms. Dougherty thanked the MRC.

V.        Miami River Port Security

            Mr. David Kuhn, Miami-Dade County Dept. of Homeland Security, stated he was here on behalf of his Director, Mr. Joseph Pinon, who was out of the country.  Mr. Kuhn explained that a group has been formed at the direction of the County Manager to develop a security plan for the Miami River that satisfies the requirements of the Coast Guard.  The plan must be submitted to the Coast Guard by December 31, 2003 .  Mr. Kuhn explained they are coordinating with the police departments from Miami-Dade, city of Miami and city of Hialeah .  Other members include the Coast Guard, Customs, Immigration, Miami River Marine Group, MRC, and FDLE.  Vulnerability assessments are in progress and a work plan has been completed.  This group will remain in place after the security plan is completed to continue security checks and conduct drills and exercises required by the Coast Guard regulations.  Mr. Kuhn explained that the plan would cover marine facilities that receive foreign flag commercial vessels and domestic vessels carrying certain dangerous cargoes or carry over 150 passengers.  The aforementioned vessels are also required to have separate security plans approved by the Coast Guard for domestic vessels and the flag state for foreign vessels.  Mr. Kuhn explained that all property owners on the river would receive information concerning security requirements.  Marinas do not require security plans unless they receive the above-mentioned vessels.  Mr. Parks thanked Mr. Kuhn for the presentation and volunteered the MRC to help in any manner we can.  Capt Watson , U.S. Coast Guard stated this was good news and he was pleased with the proposed security improvements.  He stated that the river is well on its way to be on par with security that equals or exceeds the other major ports in the state.  

VI        Committee Reports

            Dredging Working Group

            Mr. Dick Bunnell reported that the U.S. Army Corps of Engineers issued the Request for Proposal to dredge the river on August 29, 2003 .  The bids must be received by October 17, 2003 .  There will be a review period of the proposals and acceptance most likely in December.  Additional state permitting requirements may be necessary and dredging is expected to commence in March 2004. 

            Urban Infill Working Group

            Mr. Jim Murley requested that the MRC consider a motion that is discussed on page 3 of the August 28, 2003 Urban Infill minutes, specifically to request that the MPO conduct a transportation study of North and South River Drives to determine how these two roads should be developed in the future.  Jim Murley advised that waterfront access roads are critical to waterfront development.  Mr. Parks asked Jim Murley to provide the substance of the motion, which was – The Miami River Commission recommends to the Metropolitan Planning Organization, city and county that they consider conducting a transportation study of North and South River Drives to include the following considerations:

1.)     Impact of developments on North and South River Drives

2.)     Impact of the on-road Greenway along North and South River Drives

3.)    Miami River Corridor Urban Infill Plan River Drive recommendations

4.)    Continued need to access marine industrial sites

5.)    Examination of North and South River Drive as a route for a dedicated transit loop

6.)    Good signage directing people to the river

7.)    Noise barriers and buffers

8.)    Consider all other plans and projects for river transportation that impact North and South River Drives 

Ernie Martin officially made the motion and Phil Everingham seconded.  The motion passed unanimously.

            Mr. Bunnell asked if the Urban Infill Working Group was considering taking the Plan before the City of Miami for adoption.  Jim Murley responded that the MRC will receive a “draft” annual update of the Plan at the next MRC meeting on October 6, 2003 and this would be a good opportunity to repeat our request for city adoption of the Plan.  Mr. Parks stated that after the MRC reviews and approves the update we will make our position known to the City of Miami . 

VII      New Business

            Mr. Parks asked David Miller to make a push to have the stormwater situation addressed.  Mr. Parks requested the Stormwater Committee provide the MRC with a full report on the status of the stormwater issues on the river.  Mr. Parks stated that the MRC must get involved in the stormwater matter “big time.”  He feels that dredging the river is a great project, but it is still not acceptable to have contaminates continually entering the river through the stormwater system. 

Mr. Parks advised all MRC members that they are invited (flyer provided) to the ribbon cutting ceremony for the completion of the Second Avenue Bridge , which is on September 26, 2003 at 10 am adjacent to the Miami Riverside Center ( City Administration Building ).  .