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MIAMI RIVER COMMISSION GENERAL COMMITTEE MINUTES: Minutes of meeting |
Nov. 5, 2007 12:00 NOON (THIS IS A PUBLIC DOCUMENT) |
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Mr. Philip Everingham, Vice-Chair of the Miami River Commission (MRC), convened the meeting at 11 am, Monday, November 5, 2007, United Way Ryder Conference Room, 3250 SW 3rd Avenue, Miami, Florida. |
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Miami River Commission Policy Committee Members and/or Designees attending:
MRC Staff: Brett Bibeau, Managing Director Others attending interested in the River:
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I. MRC Chair Report Vice-Chair Everingham welcomed Ms. Elena Licea, whom has replaced Ms. Carmen Polanco as Ms. Sara Babun’s designee on the Miami River Commission. Vice-Chair Philip Everingham entertained a motion to approve the MRC’s September 10 and October 1 meeting minutes. The motion was seconded by Mr. Robert Ruano, and was unanimously adopted. Vice-Chair Everingham noted the 12th Annual Miami Riverday festival has been rescheduled for April 12, 2008, in order to avoid conflicting with the recently scheduled Baynanza on April 19. Vice-Chair Everingham stated MRC Assistant Director Ashley Chase met with board member Sallye Jude last Thursday to continue working on the event. Vice-Chair Everingham added the MRC sincerely appreciates all of the generous Miami Riverday sponsors, which may contact MRC staff regarding your available benefits. Due to an increase in costs and decrease in sponsorships last year, Vice-Chair Everingham explained the MRC’s accumulated $20,000 start up amount was reduced to only $5,000, therefore if the event costs and income remain the same the MRC would incur a $10,000 expense to break even this year. Therefore, Vice-Chair Everingham recommended that if the projected free admission Riverday festival budget isn’t +$5,000 by the sponsorship deadline of mid Jan 2008, the event should regrettably be cancelled. II. Presentation of Proposed “East Coast Eateries”- Mr. Richard Dubin, MRC, asked if his father-in-law, Mr. Peter Swartz, is associated with the currently proposed project, and Ms. Vicky Garcia Toledo, Bilzin Sumberg, replied that Mr. Swartz was the former owner of the subject parcel, yet had sold the historic restaurant, “East Coast Fisheries”, Ms. Garcia-Toledo introduced Mr. Omar Morales, project architect, whom presented a proposed site plan:
Dr. Ernie Martin noted the proposed project is important for reactivating this portion of the Miami River Greenway and the revitalization of Downtown. Dr. Martin added the long-term goals of this area is furthered by this proposed project, as the concept is compatible with the recommendations of the Miami River Corridor Urban Infill Plan, which recommends a Fisherman’s Wharf in this general area with water-related activities. Dr. Martin noted the City of Miami is currently constructing an on-road Greenway on North River Drive, between the subject riverfront and upland parcels. Dr. Martin noted the Miami River Greenway Action Plan recommends any new construction be consistent with City Charter riverfront building setback formula and provide a publicly accessible minimum 20 foot wide riverwalk consisting of a 16 foot wide unobstructed pedestrian path and a 4 foot wide passive zone featuring decorative lighting, landscaping, way-finding signage, historic markers, bike racks, trash receptacles, etc. Dr. Martin the narrow site’s proposed 12.5 foot wide riverwalk is therefore narrower than the recommended minimum width, and asked if it would be open to the public when the restaurant is closed, and the nature of public access along the proposed riverwalk considering the sites restaurant uses. Ms. Garcia-Toledo replied the proposed project’s publicly accessible riverwalk will provide public access via entering in the 10 foot setback between the 1ST ST Bridge and the proposed new structure on the south, the plaza in the middle, and the 30 foot wide open garden area to the north will feature open access to the river and back to North River Drive. Ms. Garcia-Toledo added that the restaurant spaces maybe secured without blocking public access to the aforementioned riverwalk areas 24 hours per day, seven days per week. Ms. Garcia-Toledo noted the City Charter requires a 50-foot riverfront building setback for new developments along the Miami River east of the 5th Street Bridge, unless the parcel is less than 200-feet-wide. Since the subject property is east of the NW 5 ST Bridge and is less than 200-feet-wide, Ms. Garcia-Toledo noted the City Charter requires a minimum setback equal to 25% of the property depth. Ms. Garcia-Toledo stated the average lot width (shoreline to street) is an estimated 49 feet; therefore the City Charter required building setback from the shoreline is an estimated 12.5 feet, which is being provided on the first floor only. Ms. Garcia-Toledo stated this revised plan now meets the city charter riverfront building setback requirement. Mr. Peter Bockweg, City of Miami, stated the City administration is yet to determine whether or not the project’s currently presented riverfront building setback will require the City Commission to consider a waiver to the city charter waterfront building setback formula. Mr. Jim Murley, Chair of the MRC’s Urban Infill Working Group (UIWG), noted the UIWG’s October 10, 2007 minutes and Development Technical Review Form commented on the previous presented design, which featured no riverfront building setback. Therefore he had explored ideas and potential solutions with the presenters, and this is the first time the group has reviewed the current revised proposal. Mr. Murley noted the proposal is conceptually consistent with the Miami River Corridor Urban Infill Plan. Mr. Murley noted due to the narrow site, the Miami River Greenway Action Plan’s recomended minimum 20 foot wide riverwalk area is wider than the city charter required riverfront building setback formula, therefore the provided 12.5 foot setback should be an unobstructed publicly accessible riverwalk. Mr. Murley asked Mr. Morales to explain the concept behind the columns featured on page A1.3, which he believed were obstacles to an unobstructed riverwalk pathway. Mr. Morales noted the aluminum columns, which are 6-inches in diameter, are architectural, structural components to support the restaurants above. Mr. Murley noted the riverwalk exit featured in A2.5 should serve as a clear, publicly accessible path. Mr. Murley suggested that the developer work with the appropriate agencies to maximize public access. Mr. Murley stated the presentation noted a 30 foot wide open garden publicly accessible entrance connecting to the riverwalk, yet the drawings depict a 5 foot wide door from the street to the area, which should be widened. Ms. Jane Caporelli, MRC, expressed her concern over the historic building’s continued exposure to the elements without secured windows. Mr. Morales noted the developer is committed to refurbishing and securing the historic East Coast Fisheries, and had performed extensive structural analysis of the building. Ms. Garcia-Toledo noted she would like to work with the MRC, City of Miami and the Florida Department of Transportation to beautify the public right of way by making public greenspaces beneath the and adjacent to the 1st Street and Flagler Bridges. Ms. Garcia-Toledo added the potential developer is willing to “adopt” clean up and maintain the adjacent public rights of way. Mr. Murley noted some of the conceptual amenities depicted on the renderings, immediately adjacent to the bridges, are public rights of way, therefore there should not be restaurant tables blocking public access rather inviting publicly waterfront greenspaces on the adjacent City and FDOT public rights of way. Dr. Martin noted the public must always have open access pathways through restaurant table tables. Mr. Robert Ruano, MRC, inquired about the widths of the publicly accessible pathways connecting the on-road greenway on North River Drive to the publicly accessible riverwalk. Mr. Morales stated the sideyard public pathway connecting to the riverwalk on the 1st ST Bridge side is 9 feet wide, the publicly accessible riverwalk is 12.5 feet wide and the garden area is 30 feet wide with some restaurant tables and some public pathway. Mr. Ruano asked if the outdoor dining terrace may prohibit people from walking through, and Mr. Morales replied that the area will be conducive to public accessibility/activity. Mr. Ruano asked if the developer can commit to a 12.5 foot-wide publicly accessible riverwalk, and Mr. Morales replied the developer can commit to at least 10 feet unobstructed pedestrian path through the 30 foot wide garden area. Mr. Ruano asked if the potential developer was offering to fund the aforementioned improvements to the public right of way, and Ms. Garcia-Toledo replied yes, they were willing to fund, create and maintain a public riverfront greenspace on the City right of way. Mr. Ruano asked if the proposed new cantilevered building structure overhangs the river’s bulkhead, and Mr. Morales replied yes, the City of Miami’s Public Works Department had approved the presented concept of three levels of terraces slightly overhanging the Miami River. Mr. Brett Bibeau, MRC Managing Director, asked for more information about the green wall/door featured in A.25, and Mr. Morales clarified that the door located in the main entrance is five-feet wide. Mr. Bibeau asked since the 30 foot wide garden space has a 10 foot wide publicly accessible pathway connecting the on-road greenway to the riverwalk, may the depicted 5 foot wide entrance to the 30 foot wide garden area be widened to at least a 10 foot wide entrance, consistent with the pathway, and Mr. Morales agreed to widen the portal to a minimum 10 feet. Mr. Manny Prieguez moved the UIWG recommendation to find the proposed “East Coast Eateries” consistent with the Miami River Corridor Urban Infill Plan’s intent for the “lower river. Mr. Bibeau read the UIWG’s conditions into the record, as stated in the UIWG October 19, 2007 Development Technical Review Form: 1) potential developer provides a riverfront building setback for new construction consistent with the City Charter setback formula; 2) provide a publicly accessible riverwalk within the City Charter required setback area, connecting to the publicly accessible North River Drive on-road greenway, the proposed publicly accessible riverwalk section to the south beneath the 1st Street Bridge on FDOT owned riverfront public right of way, and to the north connecting with the on-road greenway in front of the historic East Coast Fisheries. The motion was seconded by Dr. Ernie Martin with an additional condition that the 30 foot wide garden area between the historic and new restaurant structures provide a minimum 10 foot wide entrance and publicly accessible pathway. Mr. Prieguez amended his motion to remove the first UIWG condition so the project moves forward, and agreed with Mr. Murley’s suggestion to move the pillars to the edges of the maximized publicly accessible 12.5 foot wide setback and riverwalk area. The motion was unanimously adopted. III. Presentation of Draft Downtown Miami Master Plan: Urban Design & Transportation - Mr. Bernard Zyscovich, Zyscovich, Inc., presented a Power Point of the draft “Downtown Miami Master Plan: Urban Design & Transportation.” Mr. Zyscovich addressed the following items, pertaining to the Miami River:
Vice-Chair Everingham inquired about the timeframe to complete the plan, and Mr. Zyscovich replied it is a multi-faceted plan and each recommendation has its own timeline. Mr. Nottingham, DDA, stated the 25 year plan has specific short term goals. Miami River Commission’s Urban Infill Working Group Chair Murley stated the provided UIWG’s October 10, 2007 minutes reflect his recommendation for the MRC to find the “Downtown Master Plan” consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan subject to requiring completion of the Miami River Greenway, which was agreed to by the DDA, extending the Miami River sub-district boundary to include “One Miami” and the “Epic”, which the DDA has agreed to, and pursuing an option for the James L. Knight Convention Center portion of the Riverwalk, which maintains a public theater / convention center type use. Mr. Murley noted any potential specific options for that area would come back to the MRC for further consideration. Mr. Zyscovich suggested deleting the specific reference of the James L. Knight Convention center and convention center uses from the MRC’s advisory recommendation Dr. Ernie Martin moved the UIWG’s recommendation to find the Draft Downtown Miami Master Plan: Urban Design & Transportation consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to the three conditions with the following revised third condition: the selected DDA option of the north shore Riverfront area immediately west of Brickell Bridge to include a public theatre use. The motion was seconded by Ms. Jane Caporelli, and was unanimously adopted. IV. MRC Subcommittee Reports a. Dredging Subcommittee (DSC) –Mr. Bibeau provided the following Miami River Maintenance Dredging Project report: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 Continuing Resolution (CR). The current contract provides 60 days for the contractors to remobilize from the time of awarding Acceptance Sections, therefore the dredging contract required dredging to recommence by July 23, 2007. In October the ACOE denied their contractors request for a 120 day extension on their remobilization deadline, based on the timeline for the Boskalis sediment processing plant to return from overseas and to resolve a seawall related issue at the AME Shipping property, which the contractors lease as an additional sediment processing area. The ACOE’s contractors are therefore working towards remobilization, and should be fully setup and operational no later than February 2008. Therefore after the last federal FY ’08 appropriation for the project which will be in the range of $3.5 - $7.5 million, only an additional estimated $6-$10 million will be needed to complete the 40% finished $86 million project. In order to obtain the final estimated $6-$10 million to complete the project, the MRC will again support the County’s $10 million ST appropriation request for the project in the 2008 legislative session and the SFWMD will apply in April 2008 for an additional $3 million grant towards the federal funding cost share balance due from FIND, whom has already awarded the project $6.68 million. DERM is currently working towards collecting the previously appropriated estimated $30 million from the now 5 local project sponsor cost share partners, ST of FL, FIND, SFWMD, City and County. Their continued support is sincerely appreciated. Mr. Bibeau asked Ms. Marina Blanco Pape, DERM, if their forwarding the previously appropriated and yet to be expended funding to the ACOE remains on schedule in order to award additional acceptance sections before the dredgers complete the currently awarded AS 7 & 8, and Ms. Blanco Pape replied yes. The over $55 million in utility relocations required by the ACOE are continuing to be completed prior to dredging within the subject utility crossing areas. Due to Thanksgiving the regularly scheduled Third Wednesday of the month dredging subcommittee meeting has been rescheduled to Monday November 19, 10 AM, at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6th Floor, 2121 SW 3rd Avenue. B. Urban Infill Working Group (UIWG)- Chair Jim Murley noted the City of Miami has commenced the process of considering amendments to their Comprehensive Plan, consistent with their Evaluation Appraisal Report (EAR). Chair Murley noted the City has created an oversight board, for this process, in which City Commissioner Spence Jones appointed our Managing Director Brett Bibeau to serve on. As soon as the City administration provides their specific recommended Comp Plan amendments, Chair Murley noted the UIWG would bring them to the MRC in order to formulate our advisory recommendation. The next UIWG meeting will be held November 14, 10 am, at the United Way, 3250 SW 3 Ave. C. Greenways Subcommittee – Dr. Martin stated the Miami River Greenway remains under construction. Dr. Martin stated the MRC sponsored and coordinated successful Greenway clean-up events with UM volunteers on Saturday October 6 and October 27, on the City owned on-road Greenways along S. River Drive from Jose Marti Park to NW 2 ST and along North River Drive from NW 3 ST to NW 6 Ave. Dr. Martin noted that State Representative Luis Garcia, whose district includes the Miami Circle, received a letter from FIND stating they would be willing to consider a grant application as soon as it is submitted to fund half of the estimated $1.5 million seawall repair, which would therefore require a $750,000 match. The ACOE has indicated if the remains of the Department of State’s collapsed seawall are still in the federal navigable channel when the dredgers arrive at the Brickell Bridge, they will not allow the mouth of the river to be dredged. Since the Department of State requires spending authority granted by the full legislature even to spend funding from non ST sources, Dr. Martin recommended that the MRC suggest removing the time sensitive sea-wall repair from the Department of State, which has been unable to complete the project since 2001. Dr. Martin noted that per the request of the MRC to compare City Commission approved Riverwalk cross-sections with as built and permitted dimensions, MRC staff will present two sets of approved Miami River Greenway cross sections during each Greenways subcommittee meeting. Dr. Martin stated the City of Miami has requested modifications to four of five of the private sector constructed riverwalk sections, because they were not consistent with the dimensions approved by the City Commission. Dr. Martin stated the City Manager’s Chief of Staff, Roger Hernstadt, convened a meeting with City Department Directors and MRC staff to discuss this issue, and the GSC remains grateful of his request to conduct similar quarterly meetings regarding the Greenway. Mr. Bibeau asked Mr. Robert Weinreb, City of Miami, for the status of the draft letters which Mr. Hernstadt directed the administration to write to Miami River developers regarding their proposed riverwalk dimensions, and Mr. Weinreb replied that the City of Miami Public Works Department was in the process of writing the aforementioned draft letters which they would provide the MRC before mailing to the subject developers. Mr. Weinreb added that there seemed to be a disconnect between city departments regarding riverwalk dimensions, but the city was taking steps to address the issue and create better oversight. Mr. Weinreb stated Mr. Bibeau did a good job demonstrating the issues at the meeting with Mr. Hernstadt. Dr. Martin thanked the Miami Dade Public Works Department and Chairman Barreiro for their continued work towards using the $7.5 million Miami River Greenway line item in the County’s bond issue to create sections of publicly accessible riverwalks at County owned riverfront parcels. D. Stormwater Subcommittee – Vice Chair Everingham asked to defer the report. E. Economic Development and Commerce Working Group - Vice Chair Everingham asked to defer the report. F. Public Safety - Dr. Bohnsack, Miami River Marine Group, reported that the next Miami River Homeland Security meeting will be held Tuesday, November 13, 2 pm, USCG Gator’s Den, and the item includes discussion of the creation of new “TWIX” identity cards, and a multi-port exercise to test individual shipping terminals. Mr. Bibeau reported while briefly in Sewell Park on a recent Friday afternoon, his car window was smashed and briefcase stolen from the backseat floor. Mr. Bibeau stated regrettably the briefcase had his DELL laptop computer and digital camera. Mr. Bibeau asked the MRC to supplement the previously approved $1,500 equipment line item in the MRC’s FY 2007 budget with an additional $2,500, and the MRC unanimously agreed. Mr. Bibeau noted he would pay for the $400 damage to his car window out of his own pocket and inquire whether his personal home insurance may cover the cost of the stolen equipment. V. New Business –The following items were addressed/discussed:
The meeting adjourned. |
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