MIAMI RIVER COMMISSION 
c/o Robert King High
1407 NW 7 St., Suite D
Miami, FL  33125
Phone 305 644 0544
Fax 305 642 1136

For more information, contact us via email at
miamiriver@bellsouth.net

MONDAY
Nov. 6, 2006
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Ms. Irela Bagué, Chair of the Miami River Commission (MRC), lead attendees through the agenda starting at noon , Monday, November 6, 2006 , Robert King High, 1407 NW 7^th Street , New Board Room, Miami , Florida

• Irela Bagué, Chair of the Miami River Commission

• Phil Everingham, Vice-Chair of the Miami River Commission

• Richard Dubin, representative of the Miami River Marine Group

• Dr. Ernie Martin , Neighborhood rep., appointed by Miami City Commission

• Captain Beau Payne, designee of Miami River Marine Group

• Megan Kelly, designee for Mr. Barry Johnson , GMCC

• Eric Buermann, Member-at-Large, appointed by the Office of the Governor

• Dana Nottingham, Downtown Development Authority

• Robert Ruano, designee for Mayor Manny Diaz

• Steve Wright, designee for City of Miami Commissioner Joe Sanchez

• Carmen Polanco, designee for Ms. Sara Babun

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

Others attending interested in the River:  

• Jim Murley, Florida Atlantic University

• Brian Williams, Office of Governor Jeb Bush

• Fran Bohnsack, Miami River Marine Group

• Evan Skornick, South Florida Water Management District

• Robert Weinreb, City of Miami

• Simon Ferro, Greenberg Traurig

• Guillermo Martinez, Tineo Group

• Kirk Lofgren, Coastal Systems

• Robert Behar, Behar Font

• Mark Sell, Mark Sell Communications

• Jeffrey Hooper, AME Shipping

I. MRC Chairperson Report: 

Chair Bagué asked for a motion on the MRC’s September 11 and October 2, 2006 meeting minutes. Mr. Robert Ruano moved to approve the MRC’s September 11 and October 2, 2006 meeting minutes. The motion was seconded by Vice-Chair Phil Everingham, and unanimously adopted.

Chair Bagué stated on Saturday, November 4, 2006, the MRC coordinated and co-funded 140 volunteers from Hands on Miami, whom created a new MRC recommended riverfront pocket park, planted trees, painted, and removed litter and weeds along the new “on–road greenway” in Little Havana along South River Drive from Jose Marti Park to NW 2 ST.  On behalf of the MRC, Chair Bagué thanked the project sponsors:

Vila-n-Sons, Brian Veal Painting, Bellsouth, EDAW, Miami-Dade County, City of Miami, P & L Towing and the FDOT, whom have been invited to receive tokens of our appreciation during the MRC’s December meeting.  Chair Bagué added that Saturday’s MRC coordinated and co-funded volunteer project concludes the recent series of events at 14 riverfront locations, including 450 volunteers from the University of Miami and Hands on Miami , and the MRC sincerely appreciates the volunteer’s hard work. 

Chair Bagué noted she was pleased to announce that the SFWMD approved the renewal of its $250,000 in MRC operational funds for FY ’07.

Chair Bagué stated the next MRC meeting will include a holiday luncheon, similar to last year, on December 4, 2006 , noon , Robert King High. Chair Bagué suggested attendees bring an unwrapped toy for the children of Centro Mater.

Chair Bagué welcomed Mr. Mark Sell to the MRC meeting.  Chair Bagué stated the Executive board had renewed his annual contract to create the MRC’s 2007 Report; she then encouraged all MRC subcommittee Chairs to inform Mr. Sell of any items their designated subcommittees have been working on, which they wish to be highlighted in the report.

II.  Presentation of Proposed Development, “River’s Edge” 243 NW South River Drive -  On behalf of developer Mr. Guillermo Martinez, Tineo Group, Mr. Simon Ferro, Greenberg Traurig, presented the proposed “River’s Edge” development. Mr. Ferro apologized for not providing the building plans to the MRC board in advance of the hearing as recommended by MRC staff.  Mr. Ferro stated the developer will file one Major Use Special Permit for two separate, yet integrated sites, in the near future.

Mr. Ferro noted the 1.2-acre riverfront parcel, located at 243 NW South River Drive , would require a land use and zoning amendment from Marine Industrial (SD-4) to Liberal Commercial (C2), in order to permit the two desired restaurants.  Mr. Ferro stated the waterfront site would improve a 43 wet slip marina, and eliminate boat repairs.  Mr. Ferro stated the proposed plans of the waterfront site will consist of two, two-story buildings with restaurants and or marine related retail.  Mr. Ferro added the developer intends to improve the current marina and 3 or 4 shallow boat slips will be filled to accommodate a publicly accessible riverwalk/open space along the waterfront with no barriers/obstructions on either side of the property. Mr. Ferro introduced Mr. Kirk Lofgren, Coastal Systems, who he noted, was pleased to address any questions regarding the filling of boat slips. 

Mr. Ferro noted the 1.6-acre site located across the street from La Coloma (On South River Drive) will require a Major Use Special Permit, including a land use and zoning amendment from Multi-Family Residential (R4) to Restricted Commercial (C1).  Mr. Ferro noted the proposed mixed-use development will consist of 300 residential units, a retail component on the ground floor and a fully facaded 533-space parking garage (including parking for the proposed restaurants) lined with residential units.

Mr. Ferro noted a portion of the allowable Floor-to-Area Ratio (FAR) and density of the development rights from the proposed riverfront development parcel would be transferred to the upland South River Drive proposed mixed-use development site across the street.  Therefore, the project creates a density step back from the riverfront’s proposed 2 2-story buildings, to the upland’s tapered 15-19 stories.  Mr. Ferro explained that due to the structural limitations on the upland property, the transferred development rights would increase the number of proposed allowable residential units on the upland site from 260 to 300, while permitting retail components.

Mr. Ferro introduced the proposed project’s architect, Mr. Robert Behar, Behar, Font & Associates. Mr. Behar noted the riverfront parcel will consist of a minimum 20 foot wide publicly accessible riverwalk, including a minimum 16 foot wide unobstructed pedestrian path, while the upland mixed-use site will contain retail on the ground floor.

Dr. Ernie Martin stated during the October 20, 2006 Urban Infill Working Group meeting, he had noted since the waterfront parcel is currently zoned Marine Industrial, the Miami River Greenway Action Plan recommended an “on-road” greenway in this vicinity along S. River Drive.  Dr. Martin added if the land use and zoning are amended, then the revised 20-foot wide publicly accessible riverwalk, featuring a minimum 16-foot wide unobstructed pedestrian path greenway would be consistent with the Miami River Greenway Action Plan.  Dr. Martin added he recommends a covenant guaranteeing the pledged public access to the riverwalk/ pedestrian path in perpetuity.

Mr. Behar noted the 20-foot-wide publicly accessible riverwalk recommendation has since been incorporated.  Mr. Behar added that, in order to construct the recommended riverwalk, several boat slips along the riverfront would need to be filled.  Mr. Kirk Lofgren noted he had submitted his application to DERM, the Army Corps of Engineers and the SFWMD regarding the filling of slips.  Mr. Lofgren noted the filled slips would improve water quality while improving the upland functional value of the site.  Mr. Lofgren added he anticipated approval of the applications within the next 6-8 months.

Captain Beau Payne asked for the water depth of the area and Mr. Lofgren replied it ranged from 1-5 feet. Captain Payne asked if the developer intended to develop above the haul-out slip currently on the riverfront site, and Mr. Lofgren replied the Haul-out slip would be filled to accommodate the proposed riverwalk.  Vice-Chair Phil Everingham asked how many slips would be filled, and Mr. Lofgren replied there were currently 42, and 4-6 would be lost.  Mr. Everingham asked if the current marina - once renovated -would be accessible to the public, and Mr. Lofgren replied yes.

Captain Payne asked if there were any operational businesses currently on the proposed development site, and Mr. Guillermo Martinez replied the only current business is the marina.   Captain Beau Payne informed the MRC that La Coloma Marina is currently occupied by recreational yachts, and until the site was recently taken over by the potential developer, it featured an active haul out slip for engine work, and the second floor of the site’s current two-story building featured “Orly Marine Upholstery”, which was evicted when the developers purchased the site.

Captain Payne noted the existing Marine Industrial land use and zoning allows restaurant and retail as accessory uses to the marina, and noted if the land use and zoning are amended, yet the proposed restaurants don’t move forward, any new development consistent with the proposed new C2 zoning would be permitted.  Mr. Ferro distributed the City of Miami zoning code for Marine Industrial (SD-4), noting that-based on his own personal interpretation-restaurants and retail components were not permitted.  Mr. Eric Buermann replied he visited “Finnegan’s River”, which is a restaurant with a small temporary marina area, which is operating with Marine Industrial (SD-4) land use and zoning, therefore the proposed restaurants on the site seem to be permittable by the City’s interpretation of their Marine Industrial zoning code.  Mr. Ferro stated they are committed to their proposed site plan, which includes the two proposed two story restaurants on the riverfront site, under the new proposed C2 zoning and land use.

Mr. Robert Ruano noted he had discussed the proposal with city staff and had found that the transfer of FAR and density is permitted.  Furthermore, Mr. Ruano stated the project is scaled back from the Miami River , featuring the smaller 2 story buildings on the riverfront parcel, therefore avoiding a “canyon” effect.  Mr. Ruano stated the proposed development is located within the “lower River” area, therefore he feels the proposed development is consistent with the Miami River Corridor Urban Infill Plan’s intent for the “ Lower River ” section, and includes a publicly accessible riverwalk. 

Mr. Jim Murley, Chair of the MRC’s Urban Infill Working Group, noted the requested land use change from SD-4 to C-2 is the highest level of change, followed by the proposed zoning amendment from Marine Industrial (SD-4) to C2.  Mr. Murley stated the Miami River Corridor Urban Infill Plan seeks to balance two goals, maintaining the few remaining locations appropriate for water dependent marine industrial businesses, and providing access to the riverfront at the appropriate locations via the Miami River Greenway.  Mr. Murley reiterated that both the Miami River Greenway Action Plan, and the Miami River Corridor Urban Infill Plan, planned an “on-road greenway” along South River Drive in order to go around the subject property, which currently features Marine Industrial land use and zoning.  Mr. Murley reiterated both the Miami River Greenway Action Plan, and the Miami River Corridor Urban Infill Plan, planned an “on-road greenway” along South River Drive in order to go around the subject property, which currently features Marine Industrial land use and zoning.  Mr. Murley referred to the October 20, 2006 UIWG meeting minutes where the following amendment to the Miami River Corridor Urban Infill Plan, a component of the Plan’s 2^nd Annual Update, was discussed:  “Recommend preservation of all remaining marine industrial (SD-4) zoning and industrial land use within the Miami River Corridor.”  Therefore Mr. Murley recommended the proposed removal of Marine Industrial Land Use and Zoning is inconsistent with the Miami River Corridor Urban Infill Plan.

Mr. Robert Ruano made a motion finding “River’s Edge” consistent with the Miami River Corridor Urban Infill Plan’s intent for the “lower river”.  The motion was seconded by Mr. Dana Nottingham and passed 6-4.

III. MRC Subcommittee Reports

a. Dredging Subcommittee – Mr. Eric Buermann stated, as the MRC may recall, the Senate’s Energy and Water Bill included a record high $7 million for the Miami River maintenance dredging project, securing the President’s requested $3.5 million, plus an additional $3.5 million “congressional ad”, while the House Energy and Water Bill included a potential $4.1 million for the project.  Therefore, added Mr. Buermann, the Senate and House Energy and Water Committee Bills remain in conference, where the final Congressional appropriation for the project, between $4.1 and $7 million, will be agreed upon for FY ’07.  Mr. Buermann explained, as anticipated and reported last month, the FY ’07 Energy and Water Bill wasn’t approved before the October 1, 2006 start of FY ’07, and when Congress reconvenes later this month, it is anticipated that the bill may be adopted by December 2006.

Mr. Buermann noted the Dredging subcommittee’s September minutes reflect the Army Corps plans to award Acceptance Sections 7 & 8 of 15 in January 2007, using the available $3.5 million FY ’06 appropriation and the FY ’07 $4.1 - $7 million appropriation.  The contract allows 60 days to remobilize, therefore dredging would recommence in March 2007. 

Chair Bagué asked Mr. Brett Bibeau for a current update regarding local advanced funding.  Mr. Bibeau stated the Miami-Dade County Board of County Commissioners INLUC Committee deferred consideration of the “Memorandum of Agreement Between Miami-Dade County, FL and the Department of the Army for Acceptance and Return of Advanced Funds for the Maintenance of the Miami River, FL Project” from October 17 to November 14, followed by the Board of County Commissioners on December 5, 2006 at the earliest.  Chair Bagué noted she asked Mr. Bibeau, Evan Skornick , South Florida Water Management District, and MRC intergovernmental affairs consultants Phil Bangert and Doug Bruce to discuss Homeland Security as a potential funding option in the near future. 

The Dredging Subcommittee’s regularly scheduled publicly noticed meetings continue to be held on the third Wednesday of every month, 1407 NW 7 ST, New Board Room, 10 AM; therefore the next meeting is on November 15.  Mr. Buermann commended Mr. Bibeau for his continued good work on the project, and added the replacement of the NW 5^th Street Bridge will be addressed at the DSC November meeting.

b. Urban Infill Working Group (UIWG) – Mr. Jim Murley stated the City of Miami rescheduled the Planning Advisory Board’s draft “ Miami 21 – Eastern Quadrant” informational workshop, yet is scheduled to host the workshop later this year.  The Planning Advisory Board will consider the draft again and vote on their recommendation in a subsequent meeting, tentatively scheduled for December 2006, followed by the City Commission considering the draft in January 2007.  Mr. Murley noted the UIWG recommends, creating a riverfront district with different requirements than landlocked parcels, such as larger riverfront setbacks, requiring publicly accessible riverwalks, etc. Mr. Murley noted the MRC should consider creating its advisory recommendation regarding the draft “ Miami 21 – Eastern Quadrant” during the December 4, 2006 meeting.

Mr. Murley stated the UIWG again solicits any transportation related recommendations for the ongoing Miami River Corridor Multi-Modal Transportation Plan to be submitted by the next UIWG meeting, November 17, 2 PM, 1407 NW 7 ST, New Board Room.  Mr. Murley noted Dr. Fran Bohnsack, Miami River Marine Group, had submitted her written draft recommendations, based on the “Upper River Virtual Tour” previously presented and provided to the MRC, which was endorsed at the UIWG’s October meeting.  Mr. Murley suggested MRC staff distribute the aforementioned written text to the full MRC.  Mr. Murley added the consultants are expected to present their first draft for review and discussion during the UIWG’s November 17 meeting.

c. Greenways Subcommittee (GSC) – Dr. Ernie Martin stated Greenway sections remain under construction.  Dr. Martin noted the GSC continues its vigilance over future greenway maintenance and governance.  Chair Bagué noted she had recently met with the new Miami City Manager, Pete Hernandez, to discuss the Miami River Greenway, including the potential of creating a new group with reoccurring funding to provide maintenance, security, and special events.  Chair Bagué noted Mr. Hernandez had assured her he would direct city staff to look into her suggestions.  Mr. Dana Nottingham , Downtown Development Authority, stated he also planned to meet with Mr. Hernandez to include the Miami River Greenway governance on the short list of items to be addressed.  Dr. Martin thanked Mr. Nottingham and the DDA for creating a greenway maintenance pilot program via assigning their “DET” team to the City owned riverwalk section within the DDA boundary, on the north shore from Brickell Bridge to the “Riverwalk” metro-mover station, and including the concept of a “Hybrid Business Improvement District” (BID) to provide Greenway governance along the riverwalk within the DDA area.  Dr. Martin stated he participated in the MRC coordinated and co-funded volunteer clean up and landscaping of Greenway sections on October 28, which reinforced the clear need to implement a plan to maintain the Greenway, which is critical to its success.  Dr. Martin noted he remains concerned about continuing to provide public access to the riverwalk, after condo associations take control from the developers.  

Dr. Martin noted the producers and artists from “Miami Ink” a national cable television program aired on The Learning Channel (TLC), have written Miami-Dade Water and Sewer Department, regarding their desire to paint a mural on a portion of the riverfront Sewage Pump Station, located adjacent to Lummus Park and a new section of on-road-greenway, at no cost to the County, during an upcoming episode. Dr. Martin stated that including artwork along the Greenway is consistent with the Miami River Greenway Action Plan, and the Miami River Corridor Urban Infill Plan, and murals have already been completed beneath the Flagler, 27^th Ave , & 17^th Ave Bridges.

The next regularly scheduled second Wednesday of the month Greenways subcommittee’s publicly noticed meeting will take place November 8 at 2 pm .

d. Stormwater Subcommittee (SSC) – Chair Bagué deferred the SSC update to Mr. Skornick, SFWMD, who deferred the update to Mr. Bibeau, since he was unable to attend the last SSC meeting.  Mr. Bibeau noted the City of Miami had received three responses to their Wagner Creek Phases 3-6 and Seybold Canal dredging Request for Letters of Interest, and subsequent Request for Information.  The City Commission is scheduled to consider the administration’s recommended firm and contract by February 2007. Dr. Martin asked if all funding was in place for the project, and Mr. Bibeau reported the City indicated they have $5 million currently available, and they expressed their commitment to providing the necessary funding to complete the project.

e. Economic Development & Commerce (EDC) – Ms. Megan Kelly stated the EDC’s October 18 meeting minutes reflect the presentation and review of the “The Economic Development Impacts of Merrill-Stevens Comprehensive Revitalization of the Miami River Through the Modernization and Expansion of it Dry-Dock Ship Repair Facilities”, Prepared by J. Antonio Villamil, CEO and Charles K. Yaros, Economist, the Washington Economics Group, Inc.  Ms. Kelly noted the economic analysis concluded the $55 million proposed private investment to expand Merrill-Stevens Yachts generates 500 re-occurring and sustainable jobs with salaries above the County average; Recurring Annual Impacts after the planned state-of-the-art facility becomes fully operational are significant for Florida & Miami-Dade; estimated at a substantial $195 million.  Ms. Kelly added she suggested Merrill-Stevens Yachts forward the economic analysis to the Beacon Council and GMCC. 

f.  Miami River Public Safety Committee –Chair Bagué deferred to Dr. Fran Bohnsack. Dr. Bohnsack noted the Miami River shipping terminals plan to address the results of their October 10 Port of Miami River security drill, during its November 14, 2 PM, Miami River Homeland Security meeting.  Dr. Bohnsack added the United States Coast Guard’s new “ Home Port ” web site will be presented at the next Security Meeting as well. 

IV. New Business- No new business was discussed.

IV. Adjournment 

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

_____________________________Recording Secretary

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