I. Chair Report – Phil Everingham made a motion to adopted the MRC’s previously distributed November and December 2013 public meeting minutes. The motion was seconded by Gary Winston and unanimously adopted by the MRC.

Ms. Geena Batista, Office of Honorable State Rep. Jose Javier Rodriguez, stated the Rep. was working with Honorable State Rep. Richardson in support of MRC’s funding requests, which were in the best possible position at this time.

II. Review Proposed “Del Rio” Development located within the Spring Garden Historic District at 734 NW North River Drive
Mr. Enrique Lopez, Christina Abregon, and Juan Echeveno, Justen Investments, distributed and presented plans for the proposed 3-story, 8 residential unit “Del Rio” development located at 734 NW North River Drive within the City of Miami’s designated historic District. On December 9, 2013, the project was presented to the City of Miami’s Historic and Environmental Preservation Board, which approved the required Certificate of Appropriateness with conditions, including receiving a favorable recommendation for approval from the MRC. The vacant site is zoned T-4, low-density duplex residential, which does not require a public riverwalk. The T-4 zoning requires a 20-foot riverfront building setback, and 26’8” is provided, measured from the new proposed and needed seawall where the current shoreline and uplands are slowing eroding /shoaling into the Miami River. The code requires a 10’ setback from the new on-road Miami River Greenway along City owned NW North River Drive, and 20’ is proposed.

Mr. Lopez noted the code requires 10’ front setback from the street which features a section of the on-road Miami River Greenway. The original proposal was increased to 15’, and now per the condition of City of Miami’s UDRB, they have agreed to increase the front setback to 20’, per the presented plans. In addition Mr. Lopez replied they are providing 15 parking spaces, which is more than the 12 spaces required by the zoning code. Dr Ernie Martin stated Ms. Gioia de Carlo, President of the Spring Garden Civic Association, has accepted these compromises.

Richard Veber, Spring Garden resident, suggested the landscaping in front of the building include shade trees. Ms. Jude suggested flowering trees and Ms. Harris concurred regarding the importance of trees. Mr. Lopez agreed to the extent allowed by the Zoning Code and noted the City’s HEP Board required the Royal Palms on the site be relocated to the front.
Ms. Lourdes Barelli, MDC PERA, stated the presented boat slips and new seawall require a PERA permit as well.

The Honorable Commissioner Bruno Barreiro made a motion for the MRC to find the “Del Rio” development proposal consistent with the adopted Miami River Corridor Urban Infill Plan, as it was approved by the City of Miami’s Historic and Environmental Preservation Board, maintains the historic low density of the Spring Garden Neighborhood, and increases the required riverfront setback to 26.8 feet, which is consistent with City Zoning Code Section 3.11 and doubles the required front building setback to 20 feet from the on-road Miami River Greenway along NW North River Drive, and the City’s zoning code Section 3.11 does not require a public riverwalk on this site, which is zoned low density residential T4. The motion was seconded by Frank Balzebre and unanimously adopted by the MRC.

II) Review Proposed “Edge” Development and Requested 10 Waivers, 55 S. Miami Ave Rd
Presenting on behalf of the developer was Ms. Lucia Dougherty (Greenberg Traurig), Barbara Perdezoli & Luis Revuelta (Revuelta Architects International), and Rafael Aragones, developer. The developer’s team distributed and presented improved revised plans from those presented to the MRC’s subcommittees (electronic version dated 1/6/14 and printed version dated 1/7/14) for 55 & 39 S. Miami Ave RD, featuring a 130 unit, 55 story, residential development with a restaurant on the first floor connecting to a 13.19’ wide public riverwalk, including a 7’ – 9’6” unobstructed circulation zone pathway, publicly accessible 24 hours a day, seven days a week.

Ms. Dougherty distributed the following email:
“From: Reuben, Vince WE [mailto:Vince.Reuben@dot.state.fl.us] Sent: Thursday, January 09, 2014 4:25 PM To: Brett Bibeau Cc: Arata, William; EscarraI@gtlaw.com Subject: RE: 01-0200-000-0010

Hi Brett,
Following further research, the FDOT does not claim ownership to the parcel depicted in the Miami–Dade Property Appraiser’s site, Folio No. 01-0200-000-0010. I will notify the Property Appraisers Office in the next few days.

Best regards.
Vince.

W.E. Reuben, R.P.A
Property Management Administrator
Florida Department of Transportation
Adam Leigh Cann Building
1000 NW 111th Avenue, Room 6105-B
Miami, FL 33172
Direct: 305-470-5236
Fax: 305-470-5327
E-mail: vince.reuben@dot.state.fl.us”

The developer team noted per the MRC subcommittee’s recommendation, they inserted 4 signs consistent with the City’s adopted Miami 21 Zoning Code, “Appendix B: Waterfront Design Guidelines” states in part “Public access waterfront walkways shall: 1. Feel Public…Signage should clearly establish the public’s right to use the walkway”.

The developer team noted per the MRC subcommittee’s recommendation that they have widened the public side yard connectors to the public riverwalk to 6’ wide in order to become consistent with the City Charter, Zoning Code 3.11 and Appendix B require “average side yards equal in aggregate to at least 25% of the water frontage of each lot”, “and to allow public access to the waterfront…Waterfront walkways shall connect to abutting public walkways, neighboring walkways and Open Space at a consistent ADA compliant width and grade to allow clear pedestrian circulation along the water’s edge.”

As recommended by the MRC subcommittee, the developer team stated they would provide the covenant required in the City of Miami’s Comprehensive Plan which states, “Policy PA-3.1.9: The City shall require from new residential development and redevelopment located along the Miami Rivera recorded covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations as permitted.”

The distributed MRC Urban and Greenways subcommittee’s 12/16/13 public meeting minutes were distributed, which note in part:

• “A one million dollar federal grant was recently used by the City of Miami to construct improvements on this City owned portion of the subject development footprint. If the project were to be developed on such land, or result in the removal or replacement of these recently constructed improvements, the contract would require the City to refund the Federal Government one million dollars, or construct another equal section of the public on-road Miami River Greenway elsewhere. The proposed plans show the replacement of the new on-road Miami River Greenway’s recently planted trees, landscaping, benches, informational kiosk, 8 foot wide mesa beige sidewalk, etc., and replace it with a narrowed / standard 5-foot wide sidewalk and private parallel vehicle parking for their resident’s cars waiting for the only access to the building’s 8-story parking pedestal, which are 2 vehicle elevators, and a narrowed / standard 5-foot wide sidewalk.”

The City of Miami’s 11/25/13 “Waiver Referral” was distributed for “Edge, 55 SW Miami Ave RD”, listing 10 pending waivers of the zoning code required to build the proposed development, for example allowing increased building length, reduction of required 10-foot front building setback to 0’ building setback from the new on-road Miami River Greenway along City owned S Miami Ave RD directly in front of the site, reduction of 63 parking spaces (29%) from 219 required parking spaces to 156 proposed parking spaces all accessed by 2 car elevators and 2 parking staging areas setback O’ feet from the public on-road Greenway along City owned S Miami Ave RD and 13.19 feet from the site’s proposed public riverwalk.

Director Bibeau stated the proposal is currently scheduled for one City of Miami public hearing, the Urban Design Review Board (UDRB), 1/22/14. Mr. Gary Winston asked if the developer team would consider deferring to the UDRB’s February meeting, and the team declined.

The MRC adopted a resolution by a vote of 7-3, recommending approval of the presented plans for “Edge” (39-55 S. Miami Ave RD), with the following 2 conditions:

1. Maintain a portion of the existing City owned on-road Miami River Greenway’s 8’ wide mesa beige sidewalk, by removing the planned 3-foot wide landscaping proposed to be located in front of the private development site, on the City’s public right of way, which as planned would reduce the a portion of the existing on-road Miami River Greenway’s sidewalk width from 8’ to 5’.
   
2. A $713,756 dollar federal grant was recently used by the City of Miami to construct a section of the on-road Miami River Greenway on City owned land, including the area in front of the subject private development site. If the private site’s development results in alterations, removal or replacement of these recently constructed improvements, the City should remain compliant with their Federal grant contract (i.e. assess additional impact fee from the developer to relocate the same linear feet of on-road Miami River Greenway to another needed location along the Miami River Greenway).
   The meeting adjourned.

I. Chair Report – Chairman Horacio Stuart Aguirre provided the following report:
MRC Managing Director Brett Bibeau and I presented the MRC’s $150,000 budget request to the Dade Delegation of the FL Legislature.

The free 18th Annual Miami Riverday will be held April 5, 2014, 1-6 Lummus Park, and sponsorships are available. I thank the Honorable Mayor Regalado for paying the City’s $300 fee for the festival’s one-day alcohol permit.

The 11th Annual Miami River Map and Guide will be released at Riverday, and advertisements are available.

The MRC’s March 3 agenda includes an exciting proposal for a new Mega-Yacht facility in the Upper River, and I respectfully encourage everyone’s attendance.

MRC Vice-Chairman Jay Carmichael provided the following report: The following Miami River Voluntary Improvement Plan (VIP) items were addressed in January:

1. After being contacted by a resident from the Riverfront “Epic”, the MRC removed litter and painted over graffiti along the public Riverwalk from Miami Ave Bridge to Brickell Bridge.
2. After riverfront Zuma Restaurant employees notified the MRC they witnessed a homeless individual living on the public riverwalk beneath the adjacent Brickell Bridge repeatedly committing a crime, Director Bibeau emailed the reports and a picture of the individual to the City of Miami Police Department, and the individual was searched and arrested.
3. Mr. Allyn Alford installed his permitted “What Up Bridge” technology sensors on the Brickell Bridge. The trial period is going well, and the MRC has been receiving emails every time the Brickell Bridge safety gates go up and down. This advance notification of openings will help people avoid getting stuck in temporary traffic caused by scheduled and regulated Bridge openings, which appear to have an average length of only 4-5 minutes in duration.
4. The City of Miami submitted plans to Miami Dade Transit for consideration, proposing to connect SW 9 ST beneath Metro-Rail, in order to alleviate downtown traffic and provide an alternate direct route to access I-95
   

II.“Strong Port” Informational Presentation
Dr. Fran Bohnsack, U.S. Department of Transportation, U.S. Maritime Administration, South
Atlantic Gateway Director, provided an informational “Strong Port” Powerpoint presentation. The mission of the U.S. Maritime Administration is to improve and strengthen the U.S. maritime transportation system, including but not limited to the Port of Miami River. Vessels that transport cargo through U.S. Seaports move 99.4% of the nation’s overseas trade by volume. A single vessel can shift over 450 trucks from roads to underutilized waterways, while inland vessels generate 38% less greenhouse gases than trucks.
MRC Chairman Aguirre and Vice-Chairman Carmichael noted Dr Bohnsack previously successfully served as the Executive Director of the Miami River Marine Group, and presented her with a plaque of appreciation for her longstanding strong support for the job generating Port of Miami River.

III A. Greenways Subcommittee
MRC Managing Director Brett Bibeau provided the following report on behalf of MRC Greenways subcommittee Chairman Dr. Ernie Martin:

The Greenways subcommittee’s January 16 public meeting minutes have been distributed.

I thank the City of Miami and Miami-Dade County for continued construction of various sections of the public riverwalk.

Many thanks to the Florida Department of Environmental Protection for designating the remaining portions of the public Miami River Greenway as a top tier priority project, making it eligible for a significant legislative appropriation in the 2014 session.

We thank Rails to Trails, a national organization which recently pledged their commitment to provide assistance towards completing the over half constructed public Miami River Greenway.
Since the MRC’s last public meeting we hosted the following 3 volunteer Miami River Greenway beautification events:

1. Jan. 11 a dozen volunteers from Hands on Miami volunteered in the public vegetable and fruit garden, and picked up litter along the public Riverwalk at Robert King High
2. Jan 25 a dozen UM volunteers picked up litter along the shoreline in Sewell Park
3. February 1 a dozen UM volunteers spread potting soil, planted a palette of sod, and installed pavers in the public riverfront Greenfield Garden park in Spring Garden
   

The MRC’s next volunteer events are Saturday, February 8, (and March 1), 9-11 AM when over a dozen volunteers from Hands on Miami will volunteer to work in the public vegetable and fruit garden, and pick up litter along the public Riverwalk here at Robert King High elderly affordable housing, 1407 NW 7 ST.
The next MRC’s Greenways subcommittee public meeting is a joint public meeting with the MRC’s Urban Infill Subcommittee on Feb 12, 1407 NW 7 ST, 2 PM.

B. Stormwater Subcommittee
MRC Stormwater subcommittee Chair Sallye Jude stated the next public meeting will be Wednesday, March 5, 1407 NW 7 ST, 10 AM.

The meeting adjourned.

I. Chair Report – Chairman Horacio Stuart Aguirre provided the following report:

The rotating PowerPoint features pictures from one of three volunteer Miami River Greenway beautification events hosted and funded by the MRC since our February public meeting. Volunteers worked in the community vegetable and fruit garden and picked up garbage along the public Riverwalk here at 1407 NW 7 ST.

The free 18th Annual Miami Riverday will be held April 5, 2014, 1-6 Lummus Park, featuring free Miami River Boat Tours, environmental education, historic re-enactors, children activities, live music, food drinks and more, made possible by our generous sponsors.

The 11th Annual Miami River Map and Guide will be released at Riverday, and I thank all of the advertisers.

I thank the State’s Dade Delegation, and the leadership of Honorable Senator Margoles and Honorable Rep. Felix Diaz, whom voted to include the MRC’s $150,000 funding request as a “Priority” of the entire Dade Delegation.

MRC Vice-Chairman Jay Carmichael provided the following report: The following Miami River Voluntary Improvement Plan (VIP) items were addressed in January:

1. Based on numerous complaints from adjacent residents, hotels, and businesses, the MRC has been emailing with the City of Miami for 5 months regarding a few issues at the recently vacated City of Miami’s riverfront Fort Dallas Park, formerly occupied by Bijans Seafood Restaurant. The problems include:
   • Canopies with collapsing roofs over the public riverwalk are a public hazard and need to be removed
   • The historically designated 1897 Flagler Workers House needs repairs
   • Homeless stealing power from the Flagler Workers house
   • Fence obstructing one side of the public riverwalk needs to be unlocked

2. After receiving a complaint from Epic Residences, the MRC reported to the City of Miami Police Department and Homeless Assistance Department a convicted Sexual Offender had been living beneath the adjacent Brickell Bridge which was against the law because the site is within 2,500 linear feet of a school. I thank the City of Miami for assisting this individual’s relocation.

3. After the Honorable Mayor Regalado forwarded a resident complaint about noise at 7 AM on Saturdays, MRC Director Bibeau had a nice conversation with the Manager of Diesel Pro whom indicated after the same resident had previously left a voicemail he had already addressed the issue and they will not be working on Saturdays, and will do their best to minimize any unnecessary noise.

MRC Vice Chair Carmichael commended MRC Director Bibeau for doing a good job.

II.Review Proposed “Miami Mega Yacht Club” Located at 1583 NW 24 Ave
MRC Director Bibeau distributed the MRC Urban Infill and Greenways joint Feb. 19, 2014 public meeting minutes which state in part:

“I) Review Proposed “Miami Mega Yacht Club” Located at 1583 NW 24 Ave - Homero Meruelo, Owner of Miami Mega Yacht Club site for over a decade, Tony Rodriguez-Tellaheche Architect, HCD Developers, and Susan Engle Enviro Care, presented the plans for the “Miami Mega Yacht Club”. The presented project features 16 covered mega-yacht slips, clubhouse, with one Captain’s Quarters / Warehouse area per slip. The site is an existing marine related industrial facility, zoned D3, and the current DERM Marine Operating Permit includes 45 boat slips. In addition, separated by curtains, work on vessels will be allowed following DERM’s required Best Management Practices, including a little sanding, painting, etc. The project will require Board of County Commission approval for the private property owner to conduct needed maintenance dredging of the existing water slips to the 15 foot depth of the adjacent designated federal navigable channel. Ms. Engle, former President of the Marine Industries Association of South Florida, noted the incredibly positive economic impacts and jobs generated by mega-yachts docking in Miami for several weeks, while filling provisions before long trips. Mr. Meruelo notes these Mega Yachts will often be towed to and from the facility, and do not have frequent short trips such as the smaller boats docked there now. Mr. Meruelo noted the Miami-Mega Yacht Club will be unique in the world, featuring adjacent quarters, clubhouse, etc.

Attendees noted MRC Greenways subcommittee Chairman Dr. Ernie Martin had RSVP’d to the originally scheduled and publicly noticed 2/12/14 MRC subcommittee date, which the developer team requested to cancel due to the architect being in the hospital. The rescheduled meeting time was the only opportunity for the development team and MRC Urban Infill subcommittee Chairman Murley, that kept the proposed project eligible per standard operating procedures to be on the MRC’s next monthly public meeting agenda, Monday, March 3, 2014, 1407 NW 7 ST.

MRC Urban Infill Subcommittee Chairman Jim Murley asked MRC Managing Director Brett Bibeau for his review of the proposal in terms of the adopted Miami River Greenway Action Plan. MRC Director Bibeau stated City of Miami Zoning Code (Miami 21) Section 3.11, a. Waterfront Setbacks 1.” states in part, “These requirements shall not apply to Marine Related Industrial Establishments along the Miami River.” and “b. Waterfront walkways Design Standards” states in part, “Waterfront walkways are not required within Transect Zones…D3 unless the site is a new Commercial retail, Office or restaurant use.” Therefore the Miami River Greenway Action Plan calls for an on-road Miami River Greenway on City of Miami owned streets adjacent to this subject site, featuring the 8-foot wide mesa-beige sidewalk, landscaping, decorative lighting, way-finding signage, historic markers, informational kiosks, benches, decorative garbage cans, etc. matching the several miles of on-road Miami River Greenway constructed on City owned streets thus far. MRC Managing Director therefore recommended the MRC find the “Miami River Yacht Club” development proposal consistent with the Miami River Greenway Action Plan, as the City’s zoning code Section 3.11 does not require a public riverwalk or waterfront building setback on this site, which is a marine industrial marine facility operating in a site zoned D3.

MRC Managing Director Brett Bibeau provided a copy of Miami River Corridor Urban Infill Plan:

• page 36, “Another asset is the former Florida Yacht Basin (subject site) site 30, a marine industrial site with deep-water slips and the potential to compliment the planned Watson Island Mega-Yacht marina as a mega yacht servicing facility. This site is one of only a few with the physical infrastructure and geographic proximity to Watson Island to serve this purpose. This is consistent with the City of Miami Comprehensive Plan which encourages the establishment and maintenance of water dependent and water relates uses along the banks of the Miami River.” In addition
• page 37, “Florida Yacht Basin Redevelopment Case Study, “The concept for this (subject) site is a Mega-Yacht repair and mooring facility along the waterfront and residential community along the southwest side of the site.
• page 43, “”Upper River Urban Infill Sites”, the subject site is “#30 Florida Yacht Basin”
  

III. MRC Subcommittee Reports

A. Greenways Subcommittee
MRC Greenways subcommittee Chairman Dr. Ernie Martin stated he was upset with the MRC’s 7-3 vote to support the “Edge” development on the Miami River, over the recommendation for denial from the MRC subcommittee’s Chairman. Dr Martin informed the MRC that the Urban Environment League (UEL) Miami Neighborhoods United (MNU), Downtown Bay Forum, Downtown Neighborhood Alliance (DNA), and the Downtown Development Authority (DDA), are organizing a series of public meetings regarding increasing public access along the waterfront, especially now in light of dense new downtown residential population. Ms Jude agreed, noting the City of Miami has the least park space of any major City in the U.S. Dr Martin stated the first meeting will be April 2, at Temple Israel, regarding the County owned 2.7 acre “Parcel B” on Biscayne Bay next to the American Airlines Arena, where although the public was promised a public park, instead today there is a private parking lot. Dr. Martin stated the 2nd meeting in the series will be regarding the Epic “Temporary Sales Center” and private Yacht Club where the City approved a public riverwalk and instead today there is a building which the City previously requested to be demolished.

B. Stormwater Subcommittee
MRC Stormwater subcommittee Chair Sallye Jude stated the next public meeting will be this Wednesday, March 5, 1407 NW 7 ST, 10 AM.
The meeting adjourned.

Phil Everingham made a motion to approve the MRC’s previously distributed draft March 3, 2014 public meeting minutes, the motion was seconded by Gary Winston and unanimously adopted by the MRC.

I. Chair Report – MRC Chairman Horacio Stuart Aguirre provided the following report:
The MRC welcomed its newest member, the Miami River Marine Group’s recently elected President Bruce Brown, Betty K Shipping, and thanked the former MRMG president Richard Dubin for his years of excellent volunteer service on the MRC.

The 11th Annual Miami River Map and Guide was released at Riverday, and I thank all of the advertisers. Javier Betancourt requested River Maps for distribution from DDA’s recently installed informational kiosks. MRC Chairman Aguirre stated the MRC supported and City Commission approved “River Landing”, featuring the public riverwalk, 50 foot building setback from the waterfront, 425,000 square feet of retail and 444 residential units has closed on the property sale, secured its construction loan, and is scheduled to demolish the existing structure this month.

I thank the State’s Dade Delegation, and the leadership of Representatives Diaz and Rodriguez, and Senators Margolis, Braynon and Negron, for including the MRC’s requested $150,000 in the State’s recently approved FY’15 Budget. In addition I thank Lynn Summers, Mayor Regalado, and Brett Bibeau for successfully advocating since 2013, including working on some weekends, for this MRC request to be included in the approved State budget, in addition to $200,000 for the City’s Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup project. We are now communicating with Governor Scott in support of this approved line item.

Chairman Aguirre stated he asked MRC Director Bibeau to produce a list of the MRC’s ongoing activities. Chairman Aguirre asked MRC members to submit what they feel are the MRC’s top 5 priorities. Vice Chairman Carmichael encouraged MRC members to include the MRC’s effective and positive result driven Voluntary Improvement Plan (VIP) when submitting their respective lists of the MRCs’ top 5 priorities. Mayor Regalado agreed, stating the MRC is rightfully the go to entity on any items related to the Miami River District.

MRC Vice-Chairman Jay Carmichael provided the following report:
The following Miami River Voluntary Improvement Plan (VIP) items were addressed in March and April:

1) After receiving a complaint from an adjacent Miami River Condo Association President that the iconic colored lights on the metro-rail bridge have not been working for some time, the MRC contacted Miami-Dade County Transit which replied the County’s Dept. of Art in Public Places has ordered new LED colored lights.

2) After receiving a complaint from a River resident and business owner regarding the conditions of a new riverwalk section on the south shore around 12 Ave Bridge, the Miami River Commission paid for a clean-up crew, and contacted area property owners FDOT, City of Miami and Miami-Dade County. asking for overgrown landscaping to be cut, homeless to be offered beds, etc. These activities are consistent with the MRC’s previously approved budget and contract with the City of Miami.

3) After receiving a complaint from an adjacent riverfront Condo, the MRC asked the “One Miami” condo to repair the broken lights along their public riverwalk.

4) After receiving a complaint from a Spring Garden resident regarding the City not emptying the City’s new decorative garbage cans along the new on-road Miami River Greenway in Spring Garden, the MRC contacted City Solid Waste, which quickly emptied the garbage cans. Many thanks to the City’s excellent Solid Waste Department.

5) After receiving a complaint from an adjacent resident, the MRC hired a clean-up crew which picked up significant litter and illegal dumping on the City’s vacant riverfront located at 1 SW South River Drive, and contacted the adjacent property owners FDOT and former Carib Fisheries site, which agreed to make improvements on their sites as well. The City’s extended estimate to issue their drafted “Request for Letters of Interest” for their vacant site will be publicly advertised on May 13.

II. Presentation of Plaques of Appreciation to 18th Annual Miami Riverday Sponsors – MRC Chairman Aguirre stated the rotating PowerPoint features pictures from the free 18th Annual Miami Riverday held April 5 in Lummus Park, featuring free Miami River Boat Tours, environmental education, historic re-enactors, kayak and paddleboard races, children activities, live music, food, drinks, and more, made possible by our generous sponsors. MRC Chairman Aguirre thanked Mayor Regalado, City Commissioner Carollo and County Commissioner Barreiro for presenting plaques of appreciation to a few of the generous sponsors whom were unable to receive them on stage during Riverday when originally presented by Congresswoman Ros-Lehtinen and Mayor Regalado, but were available today. Mayor Regalado thanked the sponsors and commended the MRC for the most successful Riverday to date, which he recommended continue and even become more frequent if possible.

III. MRC Subcommittee Reports - MRC Greenways Subcommittee – MRC Greenways subcommittee Chairman Dr. Ernie Martin provided the following report: The MRC Greenway’s subcommittee’s March 12 public meeting minutes have been distributed.

I thank the City of Miami and Miami-Dade County for continued construction of various sections of the public riverwalk. We will present the updated aerial exhibit at the next MRC meeting. Recently we successfully assisted and encouraged the City and County to obtain 2 private sector easements and a County easement for the Miami River Greenway, before 2 looming grant deadlines.

On March 22 the MRC hosted and funded plants and supplies for Miami-Dade College volunteers which planted and removed litter along the Miami River Greenway’s north shore from Lummus Park to NW 5 ST Bridge. On April 26, 2014, the MRC hosted and funded plants and supplies for Hands on Miami volunteers whom worked in the community vegetable and fruit garden, and pick up garbage along the adjacent public Miami River Greenway’s south shore here at Robert King High, 1407 NW 7 ST. The next volunteer Miami River Greenway beautification event is May 24 when the MRC will host and fund plants and supplies for Hands on Miami volunteers to tend to the community vegetable and fruit garden, and pick up garbage along the adjacent public Miami River Greenway again here at Robert King High, 1407 NW 7 ST.
The next MRC Greenways public meeting is a joint meeting with the MRC’s Urban Infill subcommittee, featuring a couple major new developments, May 14, 1407 NW 7 ST.

MRC Vice Chair Carmichael noted the significant increase of completed sections of the Miami River Greenway as depicted in the 7th vs 11th Annual Miami River Map and Guide and commended Chairman Martin and the MRC’s Greenways subcommittee. Mr. Carmichael asked for an update at the next MRC meeting on the City of Miami’s “Health District Riverwalk”.

MRC Stormwater Subcommittee – MRC Stormwater subcommittee Chair Sallye Jude provided the following report:

The March 5 MRC Stormwater Subcommittee public meeting minutes have been distributed. I’m pleased to again report that another quarter of water quality testing showed no water quality violations along the Miami Rivers numerous testing stations.

Thanks to the Dade Delegation and the leadership of ST Representatives Richardson, Rodriguez, and Diaz, and Senator Margolis, for the first time the City of Miami’s repeated request for State funding for the fully permitted and partially funded Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project resulted in a $200,000 appropriation for the long awaited and widely supported project.
I would also like to thank the City of Miami, which as promised several years ago is submitting their application for the State’s available very-low interest Clean Water Revolving Loan, for the $14.4 million balance due to conduct the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Clean-Up Project. The City will repay this very low interest ST loan over a period of years, using a small percentage of the City’s annual reoccurring Storm Water Utility Fee.

The next public MRC Stormwater subcommittee meeting will be Wednesday, June 4, 1407 NW 7 ST, 10 AM.

MRC Vice Chairman Carmichael congratulated Sallye Jude and the MRC’s Stormwater subcommittee for another quarter of clean water quality testing results along the Miami River and the successful implementation of 44 of the total 55 “Action Items” identified in FDEP’s Wagner Creek and Seybold Canal Walk the WBID Plan. Vice Chairman Carmichael stated he would still like to see the City and County implement FDEP’s recommendation to be able to respond to a water quality testing violation result within 24 hours of taking the sample in an effort to immediately identify and terminate the contamination source.

The MRC meeting adjourned.

Bruce Brown asked to amend the distributed draft May 5, 2014 public meeting minutes on page 1, Mr. Brown is President of Maritime Security Consulting. The amended minutes were unanimously adopted by the MRC.

I. Chair Report – MRC Chairman Horacio Stuart Aguirre provided the following report:

On behalf of the entire MRC, I would like to thank Megan Kelly for volunteering on the MRC for over a decade. Understandably her Citi Center development is taking all of her time. I welcome Sandy O’Neil as the newly appointed designee for the Greater Miami Chamber of Commerce. Ms. O’Neil is familiar with the Miami River, as she served as Mayor Penelas’ designee on the MRC for several years.

The rotating powerpoint features pictures from the May 24 MRC funded volunteer event, planting and tending to the community vegetable and fruit garden, and picking up litter along the public riverwalk here at Robert King High. Ms Jude noted her support for the Miami Riverwalk’s community vegetable and fruit garden, where volunteers which work in the garden are able to take home the free fresh healthy fruits and vegetables (lettuce, tomatoes, green peppers, jalapeno peppers, papaya, banana pepper, basil).

I thank the State’s Dade Delegation, and the leadership of Representatives Diaz and Rodriguez, and Senators Margolis, Braynon and Negron, for including the MRC’s requested $150,000 in the State’s recently approved FY’15 Budget. I thank Lynn Summers for volunteering her time in support of the item. I thank everyone whom wrote the powerful distributed support letters to Governor Scott, including Congresswoman Ros-Lehtinen, Rep. Jose Felix Diaz, Spencer Crowley, FIND, City of Miami Mayor Regalado, Miami-Dade County Commissioner Barreiro, Megan Kelly, Swire Properties, Sara Babun, Antillean Marine, Mark Bailey, Miami River Marine Group, Javier Betancourt, Downtown Development Authority, Luis Garcia, Garcia’s Seafood Grille & Fish Market, and Anneliese Morales, Little Havana Merchant Alliance. The veto deadline is this Wednesday.

Per my request, MRC Director Bibeau has distributed a list of what the MRC does on a day to day basis. In addition, we have distributed my related memo seeking members to submit their top 5 items.
Vice-Chairman Jay Carmichael provided the following update on the Miami River Voluntary Improvement Plan (VIP):

The following Miami River Voluntary Improvement Plan (VIP) items were addressed in May:

1) After receiving a complaint from an adjacent Miami River Condo Association President that the iconic colored lights on the metro-rail bridge have not been working for some time, the MRC contacted Miami-Dade County Transit which replied the County’s Dept. of Art in Public Places has ordered new LED colored lights and the MRC has been requesting an estimate of when they will be installed and functional.

2) After receiving a complaint from a River resident and business owner regarding the conditions of a new riverwalk section on the south shore around 12 Ave Bridge, the Miami River Commission paid for a clean-up crew, and contacted area property owners FDOT, City of Miami and Miami-Dade County. asking for overgrown landscaping to be cut, homeless to be offered beds, etc. I thank FDOT, Miami-Dade County and the City of Miami Homeless Assistance Department for cutting overgrown landscaping and offering beds and shelter.

3) After receiving a complaint from an adjacent riverfront Condo, the MRC asked the “One Miami” condo to repair the broken lights along their public riverwalk. One Miami has been working with an electrician and MRC has been seeking estimated date when the light repairs will be completed and functional again.

4) The City’s extended estimate to issue their drafted “Request for Letters of Interest” for their vacant site will be publicly advertised on June 9.

5) MRC reported to the City that there is graffiti on their building next to the public riverwalk. We offered to paint over the graffiti for them, if the City provides the existing color shade so MRC may purchase a matching gallon of paint.

6) I thank the City of Miami Public Works Department for responding to MRC’s request for first time weed whacking of a new section of the public Miami River Greenway’s south shore from NW 8 Ave to NW 12 Ave.

7) I thank Miami-Dade Transit for painting over graffiti on Metro-Mover, which was reported by the MRC

8) MRC received a complaint from a River business about the 5 ST Bridge, and forwarded it to FDOT. The complaint was that the 8 warning arms open and close one at a time, unnecessarily extending the closure period, and since the bridge is electronic and thankfully quiet, FDOT is loudly playing over speakers recorded screeching bridge sounds.

9) MRC reported to Miami-Dade County that the recently installed irrigation systems are leaking at 2 of their substantially completed riverwalk sections.

II. Consideration of Draft Agreement Between “River Landing” (1500 NW North River Drive) and Miami-Dade County to Construct and Maintain a Connecting Public Riverwalk and Greenspace at adjacent 1280 NW 11 ST

The following were distributed:

1) “County Deed” between Miami-Dade County and “River Landing Conservation Foundation, INC. a Florida not-for-profit organization” stating “for the public purpose of constructing and maintaining an open green space and public park with accompanying sea wall improvements, pedestrian walkways and greenways along the north side of the Miami River according to the Miami River Greenway Action Plan for the benefit of all Miami-Dade County Residents” in return for the attached “Exhibit B” line item budget of these $3,974,223 of improvements.

2) The following memorandum:

“To: Miami River Commission (MRC) Board Members
From: MRC Urban Infill Subcommittee Chairman Jim Murley and MRC Greenways Subcommittee Chairman Ernie Martin
Date: 6/30/2014
Re: Recommendation for MRC’s June 2, 2014 Agenda Item II

II. Consideration of Draft Agreement Between “River Landing” (1500 NW North River Drive) and Miami-Dade County to Construct and Maintain a Connecting Public Riverwalk and Greenspace at adjacent 1280 NW 11 ST

We respectfully recommend that the Miami River Commission recommend approval of Miami-Dade County’s provided agreement with “River Landing” (River Landing Conservation Foundation Inc.) to construct and maintain a public riverwalk and greenspace (no development and no structures) at 1280 NW 11 ST. Miami-Dade County’s drafted agreement is consistent with the provided MRC’s 3/4/13 public meeting minutes, MRC subcommittee’s 1/23/13 and 2/15/13 public meeting minutes, and the developers presented “County Parcel Master Plan”.

3) Miami River Commission’s Urban Infill and Greenway’s Subcommittee’s January 23, 2013 public meeting minutes stating:

“Ms. Garcia-Toledo stated she met with the Mayor of Dade County who asked his staff to work in support of her client’s efforts to bring in the County parcel as part of the River Landing project. Ms Garcia-Toledo stated she also continues to work with County staff on this effort. MS Garcia-Toledo stated the submitted plans were being revised so that there would not be any use of the county parcel for access to the proposed River Landing project, should their negotiations be unsuccessful.

Ms. Garcia-Toledo described a platted 7 foot wide public side walk from N River Drive to the Miami River, across the County property. Ms. Garcia noted if the property is improved for public space / plaza, the entire area will provide access to the Miami River. In return, the potential developer is offering to fund and construct the needed improvements including a public riverwalk, shoreline stabilization, etc. and provide for its maintenance.”

4) Miami River Commission’s Urban Infill and Greenway’s Subcommittee’s February 15, 2013 public meeting minutes stating:

“Removed access roads in proposed rendition of the adjacent County owned riverfront, which the project proposes to improve and maintain as a public green / park space”

5) Miami River Commission’s March 4, 2013 public meeting minutes stating:

“Ms. Vicky Garcia Toledo indicated they would like the County to give the developer the County owned riverfront parcel immediately east of the site, which the developer would improve and maintain as a public greenspace featuring the public riverwalk. Chairman Aguirre and the MRC asked to potentially consider that separate proposed component during the MRC’s April 15 public meeting.”

6) “County Parcel Master Plan” rendition of public park featuring riverwalk on the subject County parcel, which was included in the River Landing Presentations to MRC and consistent with the draft County Deed

7) “River Landing East Perspective” rendition of the public riverfront park and riverwalk on the subject County owned parcel, which was included in the River Landing Presentations to MRC and consistent with the draft County Deed

8) “River Landing” Special Area Plan (SAP) presentation to City Commission when approved on May 6, 2013, pages B-4, L-11, L-12, and L-14 renditions of public park featuring riverwalk on the subject County parcel, consistent with the draft County Deed and presentations to the MRC Mr. Andrew Hellinger, River Landing, stated how the County site is used and developed is an issue, because he has been unable to obtain insurance for a public park.

Phil Everingham made a motion for the MRC to support MRC Greenways subcommittee Chairman Martin’s and MRC Urban Infill subcommittee Chairman Murley’s recommendations to approve Miami-Dade County’s provided draft County Deed, to construct and maintain a connecting public riverwalk and public park at 1280 NW 11 ST, under the condition that if the current draft County Deed is amended, the new version would be considered at a future MRC meeting. The Motion was adopted 6-5.

Gary Winston – No
Sallye Jude – Yes
Frank Balzebre – No
Sandy O’Neil – Yes
Horacio Stuart Aguirre – Yes
Jay Carmichael – No
Phil Everingham - Yes
Bruce Brown – Yes
Bruno Barreiro - No
Patty Harris – No
Ernie Martin – Yes

(Confusion ensued after the vote because Sallye Jude, whom had voted yes, had to leave the meeting immediately following the vote, leaving behind a 5-5 tie between the remaining present members.)

III. MRC Subcommittee Reports

A. Greenways Subcommittee – Chair Dr. Ernie Martin provided the following report:
The MRC Greenway’s subcommittee’s May 14 public meeting minutes have been distributed.
I thank the City of Miami and Miami-Dade County for continued construction of various sections of the public riverwalk. We have distributed and presented the updated aerial exhibit which shows significant progress has several sections are now substantially complete.
The MRC is coordinating and funding the following 3 major volunteer Miami River Greenway beautification events this month:

• June 12 – estimated 50 volunteers from AON Insurance will be planting, painting, picking up litter, pulling weeds and spreading recycled mulch along 8 blocks of the Miami River Greenway’s south shore from SW 2 Ave Bridge to NW 1 ST AON
• June 14 – estimated 50 volunteers from MIRA USA will be planting, painting, picking up litter and spreading recycled mulch along 4 blocks of the Miami River Greenway’s north shore, from Lummus Park to NW 5 ST Bridge.
• June 28 - the MRC will host and fund plants and supplies for Hands on Miami volunteers to tend to the community vegetable and fruit garden, and pick up garbage along the adjacent public Miami River Greenway here at Robert King High, 1407 NW 7 ST.

Our next public meeting is a joint meeting with the Urban Infill subcommittee on Wednesday, June 25, 3 PM, here, 1407 NW 7 ST.

B. Stormwater Subcommittee, Chair Sallye Jude provided the following report:
Our next public MRC Stormwater subcommittee meeting will be this Wednesday, June 4, 1407 NW 7 ST, 10 AM.

MRC Vice Chairman Carmichael congratulated Sallye Jude and the MRC’s Stormwater subcommittee for another quarter of clean water quality testing results along the Miami River and the successful implementation of 44 of the total 55 “Action Items” identified in FDEP’s Wagner Creek and Seybold Canal Walk the WBID Plan. Vice Chairman Carmichael stated he would still like to see the City and County implement FDEP’s recommendation to be able to respond to a water quality testing violation result within 24 hours of taking the sample in an effort to immediately identify and terminate the contamination source.

The MRC meeting adjourned.

The MRC unanimously adopted the MRC’s distributed, revised, 2nd draft, June 2 public meeting minutes.

I. Chair Report – MRC Chairman Horacio Stuart Aguirre provided the following report:

Good afternoon ladies and gentlemen. Welcome to the July 7th, 2014 meeting of the Miami River Commission.

My name is Horacio Stuart Aguirre and it is my privilege and pleasure to serve as the Chairman of the Miami River Commission. To my immediate right is Vice-Chairman Jay Carmichael and to his immediate right is Mr. Phil Everingham who serves as President of the Miami River Fund, Inc., the fiscal agency of the Miami River Commission. To my immediate left is Mr. Brett Bibeau, the Managing Director of the Commission. Also with us is Mrs. Sallye Jude, Chairman of the Stormwater Subcommittee.

These outstanding ladies and gentlemen tirelessly work behind the scene to make the Miami River Commission one of the most successful and well run agencies in the county. Our heartfelt thanks to all of you.

Today is a special meeting because we celebrate another significant accomplishment and recognize some of those that made it happen. No one could lead us into this segment of the meeting better that United States Congresswoman Ileana Ros Lehtinen, often referred to as the Guardian Angel of the Miami River, accompanied by Mayor Tomas Regalado and high leaders of the Miami-Dade Delegation in Tallahassee.

Congresswoman Ileana Ros-Lehtinen stated:

I’m pleased to join you briefly today as an ex-officio member of the Miami River Commission, which I have been proud to volunteer for since its creation in 1998. I wanted to personally thank our the Miami River Commission’s incredible friends in the State Legislature and present plaques of appreciation, especially the Dade Delegation which lead to a $150,000 appropriation in order for the Miami River Commission to continue its successful work improving the historic and mixed-use Miami River, in addition $200,000 to the City of Miami for the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project.

• Senator Gwen Margolis – Was one of our champions in the Senate.
• Senator Oscar Braynon – Was successful in having this appropriation approved by the Legislature two years ago, when it was vetoed by Governor Scott, and successful again this year in the Legislature and avoided the veto.
• Representative Jose Felix Diaz – Recently recognized with the “Legal Leader award in Miami Today’s annual “Best of Miami” edition. We thank Rep. Diaz whom was our champion in the House, and remained cool and confident in our successful outcome from the beginning.
• Representative Jose Javier Rodriguez, represented today by Geena Batista. Rep. Rodriguez is a volunteer member on the Miami River Commission, and was very supportive of the MRC’s request. As always, it’s great to see MRC items being strongly supported by elected officials from both parties in both the House and Senate.
• Lynn Summers – volunteered in support of the requests
In addition, on behalf of the Miami River Commission, I thank Senator Negron and Representative Richardson, whom were unable to attend today, so we will deliver their plaques.

All of the elected officials stated they would continue supporting future State annual appropriations of no less than $150,000 for the MRC’s continued successful programs and operations.

I thank everyone whom joined me in writing strong Miami River Commission support letters to Governor Scott, including:

• Mayor Regalado
• Spencer Crowley, FIND
• Commissioner Barreiro
• Megan Kelly, Swire Properties
• Sara Babun, Antillean Marine
• Mark Bailey, Miami River Marine Group
• Javier Betancourt, Downtown Development Authority
• Luis Garcia, Garcia’s Seafood Grille & Fish Market
• Anneliese Morales, Little Havana Merchant Alliance

Chairman Horacio Stuart Aguirre stated:

The rotating PowerPoint features pictures from the MRC funded and coordinated three major volunteer Miami River Greenway beautification events last month, planting over 700 new plants, spreading 600 bags of recycled mulch, and painting beneath 3 bridges, along 11 blocks of the Miami River Greenway.

As you may recall, former MRC member Megan Kelly co-chaired the MRC’s Economic Development and Commerce Subcommittee. I would like to ask volunteer Phil Everingham to take on this role now, and convene a public meeting of the MRC’s Economic Development and Commerce Subcommittee.

The MRC’s Urban Infill and Greenways subcommittees have a very significant public meeting on July 16, here at 3 PM. The exciting agenda includes but is not limited to the return of the large “Miami Riverwalk” proposed mixed use development on the south shore, just east of I-95. The item will then be considered at the next public MRC meeting, September 8, here at noon.

I met with City of Miami Commission Chairman Willy Gort this morning on Miami River Bridge protocols to tighten up the amount of time between opening and closing of bridges.

The survey of members on MRC priorities will be distributed at the September meeting of the MRC. Some members were generous in their comments and we want to be sure we incorporate all comments and suggestions.

From now on, all voting for projects, especially real estate projects, will be by roll-call voice vote and recorded accordingly, as is done at City Commission and County Commission.

Please note similar to the City and County, the MRC will not host public meetings in August, and the MRC’s standard 1st Monday of the Month meeting in September would land on Labor Day. Therefore the MRC’s next public meeting will be September 8, here, at noon. I encourage everyone’s participation in these important upcoming public meetings.

Vice-Chairman Jay Carmichael stated:

The following Miami River Voluntary Improvement Plan (VIP) items were addressed in June:

1. MRC thanks City of Miami for painting over graffiti on their building next to the public riverwalk. After pressuring the public riverwalk at the City building, the MRC noticed all the decorative garbage cans in this section of the riverwalk are missing liners. After reporting this, the City agreed to reinstall the missing riverwalk garbage can liners at this site.
2. The MRC reported numerous street lights which re not working along the on-road Miami River Greenway along both North and South River Drive, from I-95 to NW 7 Ave. We are awaiting an estimate from FPL, which the City contracts to maintain these Street lights, as to when they will be repaired.
3. I thank FDOT for replacing a fence which blocks public access behind the Manatee mural on the Public Riverwalk, beneath the Flagler Bridge along South River Drive
4. After witnessing and receiving complaints about a specific Miami River International shipping vessel not monitoring Radio channels 13 or 16 as required, etc., the MRC forwarded the reports to the U.S. Coast Guard.
5. Residents and homeowners along the Seybold Canal reported to County’s DRER 3 illegal fuel tanks operating at a car towing company located on the Seybold Canal. DRER issued a “Notice of Non-Compliance” which expired, then the 30-day extension expired, and the illegal fuel tanks were still not brought into compliance. Therefore the MRC followed up with the DRER.
6. After receiving a complaint from an adjacent Miami River Condo Association President that the iconic colored lights on the metro-rail bridge have not been working for some time, the MRC contacted Miami-Dade County Transit which replied the County’s Dept. of Art in Public Places has ordered new LED colored lights and the MRC has been requesting an estimate of when they will be installed and functional.
7. After receiving a complaint from an adjacent riverfront Condo, the MRC asked the “One Miami” condo to repair the broken lights along their public riverwalk. One Miami has beenworking with an electrician and MRC has been seeking estimated date when the light repairs will be completed and functional again.
8. The City’s extended estimate to issue their drafted “Request for Letters of Interest” for their vacant site will be publicly advertised early this month.
   

III. MRC Subcommittee Reports

A. Greenways Subcommittee – Chair Dr. Ernie Martin provided the following report:
The MRC is coordinating and funding the following 2 volunteer Miami River Greenway beautification events this month:

1. July 23 – estimated 25 volunteers from FL Marlins and Hands on Miami will be adding fresh potting soil and compost into the community vegetable and fruit garden’s 9 raised planter beds, picking up litter, and removing invasive plant species, along the public riverwalk here at Robert King High.
2. July 26 – estimated 25 volunteers from Hands on Miami will be planting over 400 plants, painting, picking up litter and spreading recycled mulch along 4 blocks of the Miami River Greenway

As you recall, the MRC has taken a position in support of the City of Miami’s October 13, 2009 Memo requiring the illegal structure at 300 Biscayne Blvd Way aka Epic Phase II, be demolished by January 2012. The MRC recently received a notification from the City of Miami that the owner is trying to extend the “Temporary Use and Occupancy Permit” for this structure for an additional 2 years, just before its pending sale as the most expensive property ever sold in the state of Florida. Therefore the MRC has resubmitted this March 30, 2012 letter and attachments to the City of Miami.

Our next public meeting is a joint meeting with the Urban Infill subcommittee on Wednesday, July 16, 3 PM, here, 1407 NW 7 ST.

B. Stormwater Subcommittee, Chair Sallye Jude provided the following report:
Our June 4 public meeting minutes have been distributed.

I’m pleased to announce that the last 3 months of water quality testing results indicate a continued improving trend at the Miami River’s testing locations, with no water quality violations along the Miami River in well over a year for the first time since the MRC’s inception.

The MRC meeting adjourned.

The MRC unanimously adopted the MRC’s distributed, revised, 2nd draft, June 2 public meeting minutes.

I. Review Proposed “Miami River” Mixed-Use Development (Special Area Plan) located on three blocks bordered on the north by the Miami River, on the south by SW 7 ST, on the west by SW 3 Ave, and on the east by SW 2 Ave

On September 29, 2014, the following materials were emailed out to the entire MRC database, and posted on www.miamirivercommission.org:

1. Miami River Commission (MRC) Urban Infill Subcommittee Chairman Jim Murley and Greenways Subcommittee Chairman Ernie Martin’s non-binding advisory recommendation to the full MRC regarding the currently proposed ‘Miami River’ Mixed-Use Development’s, draft Special Area Plan (SAP)
2. Miami River Commission Urban Infill Subcommittee's September 23 Public Meeting Minutes
3. Miami River Commission's Urban Infill & Greenway Subcommittee's July 16 Public Meeting Minutes
4. Miami River Commission's Urban Infill & Greenway Subcommittee's May 14 Public Meeting Minutes
5. Draft "Miami River" Mixed-Use Development Plan (MRC set)
6. Draft "Miami River" Mixed-Use Development Plan (SAP/City set)
7. “Miami River” Development Agreement with Exhibits
8. “Miami River” Mixed-Use Development Boat Slip Request
9. “Miami River” Development SAP Traffic Impact Analysis
10. Traffic Improvement Options
11. Covenant 1 Requested to Be Released
12. Covenant 2 Requested to Be Released
13. “Miami River” Mixed-Use Development Narrative
14. “Miami River” Affidavits

Ms. Melissa Tapanes and Ms. Carli Koshal, Bercow, Radell, and Fernandez, Mr. Kobi Karp, Ms Jennifer McConney and Mr. Mauricio Bravo, Kobi Karp Architecture and Interior Design, George Puig and Adrian Dabrowski, Kimley-Horn and Associates, Christy Brush, Coastal, and Mr. Ari Pearl, CG Miami River LLC, provided and presented the proposed “Miami River” Mixed-Use development. Ms. Tapanes stated the revised development was previously presented at the MRC Urban Infill and Greenways September 23, May 14, and July 16 public meetings. Ms Tapanes stated the development team was joined by City of Miami Parks Director Motley, whom stated, “We are very excited about this partnership” which will give Jose Marti Park “the publicity we’ve hoped for” and create “ a sense of community”.

The development team presented the following documents, for the “Miami River” mixed use development:

• Draft Development Agreement, with Exhibits, such as the Working River Disclosure / Covenant / “Declaration of Restrictions satisfying Policy PA-3.1.9 of the Comprehensive Plan for the Property, attached as Exhibit G”. The proposal includes applying to maintain the previously permitted 17 slips on the site, one of which will remain for continued Water Taxi use (as provided at Finnegan’s for years). More detailed information available in the distributed “Miami River’ Mixed-Use Development Boat Slip Request” 75 page document with exhibits.
  
• Draft Development Agreement’s “Miami River Proposed Public Benefits – Exhibit F”. The developer team stated they will be participating in the “Public Benefit” program under the City’s adopted zoning code, via constructing various public benefits in the impacted area valued at $22 million, in lieu of paying estimated $22 million into a City Fund, in return for additional development density bonuses. The developer team provided the draft Development Agreement, including “A list of proposed improvements currently under consideration by the City is attached as Exhibit F (Miami River Proposed Public Benefits)”.
  
• Draft Special Area Plan (SAP) Regulating Plan (new portions of the zoning code, which are specific to, and would only apply on the subject “Miami River” SAP) - The developer team presented the distributed “Miami River SAP Regulating Plan” which is a new specific part of the zoning code that would only apply to this development. For example, Restaurant, Retail and Office uses in the riverfront’s “D3, Waterfront Industrial” Zoning (“Port of Miami River” sub-element of the Comp. Plan), sites are proposed to become “as of right”, where under current Miami 21 code a “Warrant” would be required. Normally SAP has minimum 9 acres, and in this development plan the private properties consist of just over 6 acres, therefore the remaining 3 acres to meet the required 9 acre SAP threshold are the south east portion of Jose Marti Park. The City of Miami will be a co-applicant on the SAP application, which was submitted this month in an effort to be considered by the City of Miami’s Urban Design Review Board in November.
• The developer team presented the proposed traffic improvements which they would fund, from their provided Traffic Study (414 pages with attachments), including additional lanes on I-95 ramp, 2-waying SW 3 Ave from SW 7 ST to SW 6 ST, and signalization.
• “Miami River” Plan set, which the applicant recently submitted to the City of Miami in preparation for the October public hearing of the Urban Design Review Board
• “Miami River” Plans, specific to MRC’s “Presentation Checklist"

The proposed project is located on three blocks bordered on the north by the Miami River, on the south by SW 7 ST, on the west by SW 3 Ave, and on the east by SW 2 Ave. The development team stated the proposal features a 50-foot waterfront building setback and public riverwalk, 25’ of the feet have a 15’ – 18’ foot tall awning over it, and the 25 feet closest to the River are open to the sky. The development team stated the project was consistent with the public riverwalk requirements contained in the City of Miami Zoning Code “3.11 b. Waterfront Walkway Standards” which will still apply to the “Miami River” SAP mixed use project, in addition to the City Charter section (mm) (ii) regarding the 50 foot waterfront building setback and view corridors, and the public Riverwalk was not seeking any reductions, waivers, exceptions, variances, etc. The public riverwalk is planned to connect at grade with existing public riverwalks to the east continuing west beneath the SW 2 Ave Bridge, and continuing as planned and funded by the Latitude developer to connect from the public riverwalk beneath the SW 2 Ave Bridge to Latitude on the River’s public riverwalk, followed by an improved connection to Neo Lofts public Riverwalk and planned and funded by Neo Vertika, followed by Miami-Dade County which is about to break ground on a new public riverwalk connecting Neo Vertika’s public riverwalk to the “M-Path” bicycle and pedestrian path beneath Metro-Rail. Director Bibeau stated although in theory Latitude on the River and Neo Vertika are legally responsible to improve their respective public Riverwalk connections, should those connections not be paid for and constructed by the respective property owners, then perhaps the “Public Benefits” list attached to the draft development agreement may include these important connections of the public Riverwalk. In addition, to the public riverwalk, the riverfront block (between SW 3 and SW 2 Ave from River to SW 5 ST) contains a marina, 2 3-story buildings with restaurant, retail, and office space (Phase 2 of 5). The developer previously agreed that the public riverwalk (on private property) must be completed and open as a requirement to obtain a Temporary Certificate of Occupancy for Phase II, and the public riverwalk construction must be completed and reopened on public land (Jose Marti Park, Miami Riverside Center, etc) must be completed and open as a requirement to obtain a Temporary Certificate of Occupancy for Phase III.

The developer team stated: The 2 upland blocks (between SW 2 Ave and SW 3 Ave from SW 7 ST to SW 5 ST) feature 4 buildings, 60-stories (650 feet tall) each, with 1,678 residential units plus 330 hotel rooms, 8-5 story parking pedestals completely facaded with habitable liners on the first 3 floors and art screens on the remaining floors. The application includes a request to amend the Land Use (City of Miami’s adopted Neighborhood Comprehensive Plan) from the current “Little Havana Target Area” Residential Density Increase Area, which allows an additional 200 units per acre, to become “Miami River SAP” Residential Density Increase Area, which allows an additional 400 units per acre (above baseline zoning T6-36). The Land Use amendment application is tied to the plans.

Ms Tapanes stated the development will be compliant with the City of Miami and FDOT contract executed when the City used $1,000,000 in Federal Transportation Enhancement Program (TEP) Grant funding to construct the existing on-road Miami River Greenway (8 foot wide mesa beige sidewalk, landscaping, benches, way-finding signage, informational kiosk, street, stormwater drainage, decorative trans cans, decorative lights, etc., in a portion of the subject area, along SW 3 Ave from the Miami River to SW 6 ST, and along SW 6 ST from SW 3 Ave to SW 2 Ave. The developer team stated they were aware and intended to leave the existing on-road Miami River Greenway improvements in place, and or improve / restore them after construction as needed. The developer team added they will be making improvements to the other public streets in the area, including SW 5 ST’s riverfront dead-end, and make a new street running north south, in-between 2 Ave and 3 Ave.

The MRC thanked the developer team for their presentation. MRC UIWG Chairman Murley noted the following contained in the distributed MRC Urban Infill and Greenways subcommittee’s September 23, 2014 public meeting minutes:

“Miami River Commission’s Urban Infill Working Group
Development Technical Review Report
September 23, 2014
Project Name: “Miami River” Special Area Plan (SAP)
Project Address: Three blocks bordered on the north by the Miami River, on the south by SW 7 ST, on the west by SW 3 Ave, and on the east by SW 2 Ave
Developer Name: CG Miami River LLC
Contact Information: Melissa Tapanes, Bercow Radell and Fernandez, mtapanes@brzoninglaw.com

Is the proposed development compatible with the “Miami River Corridor Urban Infill Plan”? Yes, the proposed “Miami River” development is compatible with this “Lower River” site. For example, Miami River Corridor Urban Infill Plan, pg. 18 “Vision for the River” for this specific portion of the Miami River states in part, “the neighborhoods commercially-zoned waterfront encourages the type of high-density mixed use development now making its mark on the area. The expansion of this type of use westward to I-95 in the areas presently zoned for industrial and waterfront industrial uses offers opportunities for “rounding out” the growing mixed use district and connecting it to Jose Marti Park, a riverside 10-acre Park that would benefit from increased use. Revised development regulations for this portion of Brickell Village’s waterfront should contain language, however, encouraging their public use, for example commercial-residential developments incorporating water taxi stops…a continuous Riverwalk including active boat slips, high quality public amenities, retail, restaurants, rail and water taxi access, and easy connectivity to Jose Marti Park would greatly enhance this already valuable neighborhood.” as proposed. The proposed residential-mixed use development is setback 50-feet from the Miami River and features the Infill Plan recommended facading on the garages with retail and townhomes, view corridor through the site, publicly accessible Miami River Greenway along the River, and the residential density is stepped back, one block off the low-density (3 story) riverfront block.

Does the proposed project require any zoning amendments, land use amendments, special exceptions, waivers, or Major Use Special Permit? Yes, the proposed “Miami River” mixed-use development seeks a Land Use amendment from “Little Havana Residential Increase Area of 200 units per acre over the high density residential zoning, to become the “Miami River SAP” residential increase area of 400 additional units per acre above the high density residential zoning. In addition, the project seeks a zoning amendment in the form a new “Miami River Special Area Plan” zoning code specific to this one development, but any not amended portions of Miami 21 will still apply to the project.

Additional recommendations to optimize the positive impacts of the project on the Miami River Corridor and to improve coordination among public and private entities. Make the draft Development Agreement’s “Exhibit F, Miami River Proposed Public Benefit’s” add up the required $22 million for additional density by inserting the remaining $7 million balance for the subject and impacted Miami River area, into the existing “Riverwalk” line item’s “Estimate” box.”

MRC Greenways subcommittee Chairman Martin and Urban Infill Subcommittee Chairman Murley presented their following previously distributed memo:

To: Miami River Commission (MRC) Board Members
From: MRC Greenways Subcommittee Chairman Ernie Martin and MRC Urban Infill Subcommittee Jim Murley
Date: 10/23/2014
Re: Recommendation for MRC’s October 6, 2014 Agenda Item II

II. “Miami River” Mixed Use Development

Please see the review of this item in the provided MRC Urban Infill and Greenways subcommittee’s May, July, and September public meeting minutes. After the MRC’s September public subcommittee meeting, the developer team provided updated draft plans and an updated draft Development Agreement, featuring updated exhibits.

The current draft “Development Agreement between City of Miami, Florida and CG Miami River Owner, LLC, Regarding approval of the Miami River Special Area Plan and Related Development” states on page 3, “8. Public Benefits….Four (4) of the phases will take advantage of additional Benefit Height and Floor Lot Ratio (“FLR”) as permitted under Miami 21…Based on the City’s development fee schedule, the price per square foot of benefit area is approximately $17.82. Accordingly, the total estimated Benefit contribution to the City will be approximately $22,000,000.” In lieu of the cash contribution to the Miami 21 Public Benefits Trust Fund, “the Developer shall construct improvements amounting to the required contribution within the SAP Area and its surroundings pursuant to the project plans and the traffic analysis…A list of proposed improvements currently under consideration by the City is attached as Exhibit F… Subject to Miami City Commission approval and permit issuance from all applicable governmental agencies.” The sum of the line items on the “list of proposed improvements currently under consideration by the City is attached as Exhibit F” is $12,975,000, which is $9,025,000 less than the required $22,000,000 to purchase the subject additional building height and FLR. Although the majority of currently listed “Benefit” line items include a dollar amount in the “Estimate” column, the line item which currently states: “Riverwalk – Developer will contribute funding for development of additional riverwalk” in the “Estimate” column states, “TBD”.

MRC Greenways subcommittee Chairman Martin and MRC Urban Infill Subcommittee Chairman Murley respectfully recommend that the Miami River Commission find the “Miami River” mixed use development to be consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan, subject to the following condition:

Revise the draft Development Agreement’s “Exhibit F…Miami River Proposed Public Benefit” draft list of improvements currently under consideration by the City, in order to add up to the approximately $22,000,000 required to purchase additional height and FLR, by inserting the remaining funding balance for public benefits within the proposed high-density development’s impacted area, the Miami River District, such as the current “Riverwalk” line item listed on the draft Exhibit F.”

“MRC member Sandy O’Neil made a motion for the Miami River Commission to find the presented ‘Miami River’ mixed-use development to be consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan, subject to the following condition:

1) Revise the draft Development Agreement’s “Exhibit F…Miami River Proposed Public Benefit” draft list of improvements currently under consideration by the City, in order to add up to the approximately $22,000,000 required to purchase additional height and FLR, by inserting the remaining funding balance for public benefits within the proposed high-density development’s impacted area, the Miami River District, such as the current “Riverwalk” line item listed on the draft Exhibit F.”
Ms. O’Neil accepted friendly amendments adding the following additional conditions:

2) Should “Latitude on the River” fail to fund the small approved public riverwalk section connecting “Latitude on the River’s” public riverwalk with the recently enhanced public riverwalk beneath the 2 Ave Bridge (SE side of 2 Ave Bridge) then utilize a portion of this available “Miami River” public benefit funding for this important and needed public riverwalk connector.

3) Utilize the Phase 1 $5.5 million of Public Benefit funding into a Trust or Bond to be used to construct the public Riverwalk if the riverfront Phase II is not constructed
The MRC passed the amended resolution, 12-1.

Commissioner Barreiro made a 2nd resolution, encouraging this City of Miami and the District’s City Commissioner, Frank Carollo, to support expediting the SAP approval process so that Phases 1 and 2 (riverfront with public riverwalk) maybe combined and constructed concurrently. The motion was adopted by the Miami River Commission, 12-1.

The MRC meeting adjourned.

The MRC unanimously adopted their previously distributed September 8 and October 6, 2014 Public Meeting Minutes.

I. Review Proposed “Flagler on the River”, Phase II, New Construction of a Self-Standing Riverfront “Sushi Samba” Restaurant at 40 SW North River Drive

A week prior to the meeting the following memo, draft plans, and required affidavits were emailed out to the entire MRC database, and posted on www.miamirivercommission.org:

“Memorandum
To: Miami River Commission (MRC) Board Members
From: MRC Greenways Subcommittee Chairman Ernie Martin and MRC Urban Infill Subcommittee Jim Murley
Date: 12/15/2014
Re: Recommendation for MRC’s November 3, 2014 Agenda Items II & II

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II. “Flagler on the River”, Phase II

The “Flagler on the River”, Phase II development team submitted the following distributed materials as backup for this MRC agenda item:

• Plans
• Narrative
• Affidavits

The MRC’s May 6, 2013 public meeting minutes state in part, “Mr. Carlos Melo told MRC Director Bibeau that once they find a tenant, they will move forward with the riverfront Phase II of “Flagler on the River”, featuring a 2-3 story restaurant. Mr. Melo indicated at this time they plan on providing 100% of the public riverwalk, waterfront building setbacks and side-yards, and is not seeking any reductions, waivers, exemptions, exceptions or reductions to the public riverwalk and waterfront building setbacks, which are required by law… The MRC passed a resolution (8-3) supporting the proposed “Flagler on the River” Phase I mixed-use development, and that the Melo’s present at a future public MRC meeting the specific plans (when created) for the riverfront Phase II.”

The distributed “Flagler on the River”, Phase II, plans are consistent with Miami 21 (Zoning Code) Section 3.11, Appendix B, and the City Charter in terms of providing a public riverwalk which connects to the public sidewalk with 2 side-yard connectors, waterfront building setback, and view corridors. The Miami River Corridor Urban Infill Plan identified this location as an “Urban Infill Development Site” within the “Lower River”.

MRC Greenways subcommittee Chairman Martin and MRC Urban Infill Subcommittee Chairman Murley respectfully recommend that the Miami River Commission find the low density “Flagler on the River” Phase II self-standing riverfront restaurant, featuring the public riverwalk consistent with Miami 21 Section 3.11, Appendix B, and the City Charter, to be consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan.”

Mr. Arturo Griego presented plans for the project, featuring a public riverwalk. MRC Vice Chairman Jay Carmichael asked if the publicly accessible riverwalk was indeed consistent with Miami 21, Section 3.11, Appendix B, and the City Charter, and Mr. Griego replied yes, Mr. Melo is proposing to construct and maintain this section of the public riverwalk consistent with Miami 21, Section 3.11, Appendix B, and the City Charter. Mr. Griego added the only potential waiver for the proposed restaurant is a 1 foot reduction from the front building setback, facing SW North River Drive.

Javier Betancourt, MRC designee for DDA, commended the excellent design. Mr. Betancourt stated the DDA is commencing Phase I of improvements to Flagler Street, which will be followed by Phase II improvements to Flagler Street which will include the remaining blocks all the way to the Miami River at the intersection of Flagler and SW North River Drive.

MRC Director Bibeau stated he participated in an informational Miami River Boat Tour with the owners of “Sushi Samba” and their realtor several months ago, when they were seeking a location on the Miami River. Director Bibeau stated he was pleased they found a location on the Miami River for their beautiful iconic and job generating new riverfront restaurant, and the owners have agreed to the important requirements for the public riverwalk and waterfront building setback as required by the City Code and Charter. Mr. Griego stated Flagler on the River Phase I’s parking pedestal on the upland side of SW North River Drive contains 50 parking spaces designated for this proposed restaurant, allowing the narrow riverfront parcel to avoid all parking.

Mr. Bruce Brown, the Miami River Marine Group’s President and member of the Miami River Commission, cited City of Miami’s Comprehensive Plan, “Policy PA-3.1.9: The City shall require from new residential development and redevelopment located along the Miami River a recorded covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations as permitted.” Attendees noted this would also apply to the other item on the agenda, and all “new residential development and redevelopment located along the Miami River”. Mr. Brown stated he hopes the MRC and MRMG will be provided these required “recorded covenants” for all “new residential development and redevelopment located along the Miami River” as required by the City’s adopted Comp. Plan. Mr. Griego stated he would relay that to the Melo Family.

Ms. Sandy O’Neil made a motion for the Miami River Commission to support the approval of the low density “Flagler on the River” Phase II self-standing riverfront restaurant based on the recommendation of the MRC Greenways and Urban Infill Subcommittee Chairs, as it features the public riverwalk consistent with Miami 21 Section 3.11, Appendix B, and the City Charter, therefore is consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan. Mr. Javier Betancourt seconded the motion, which was unanimously adopted by the Miami River Commission.

III) Review “Edge – Temporary Sales Center” Currently Under Construction at 39-55 S. Miami Ave RD

A week prior to the meeting the following memo, recent picture of the subject riverfront property, and “City of Miami Application for Temporary Use and Occupancy Permit” were emailed out to the entire MRC database, and posted on www.miamirivercommission.org:

“Memorandum
To: Miami River Commission (MRC) Board Members
From: MRC Greenways Subcommittee Chairman Ernie Martin and MRC Urban Infill Subcommittee Jim Murley
Date: 12/15/2014
Re: Recommendation for MRC’s November 3, 2014 Agenda Items II & II

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On January 13, 2014, by a vote of 7-3, the MRC recommended approval of the “Edge” Development with 2 conditions. Instead of constructing the presented development featuring the publicly accessible riverwalk and waterfront setback as required by the City Charter and Miami 21 Section 3.11 and Appendix B, the developers have begun to construct a “Temporary Sales Center” which has no public riverwalk and no waterfront building setback.

The City Charter, Subpart A, Section 3, Powers states:
"(mm) Building and zoning:

(i) To provide by ordinance building, planning, and zoning regulations and restrictions governing the height, number of stories, method of construction, type, and size of buildings and other structures; the percentage and portion of the lot or site that may be occupied; the size of the front, rear, and side yards, courts, and other open spaces; the location, use of buildings, structures, and land for trade, industry, residences, apartment houses, and other purposes; and the widening and future widening of streets in zoned street areas that the city may establish. Such regulations may provide that a board of appeals or the city commission may determine and vary the application of building, planning, or zoning ordinances in harmony with their general purpose and intent.

(ii) In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the N.W. 5th Street Bridge,

(A) which are not set back at least 50 feet from the seawall (where the depth of the lot is less than 200 feet, the setback shall be at least 25 percent of the lot depth), and
(B) which do not have average side yards equal in aggregate to at least 25 percent of the water frontage of each lot based on average lot width.

(iii) The above setback and side-yard requirements may be modified by the city commission after design and site-plan review and public hearing only if the city commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side-yard, or site-plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern.

(iv) These requirements shall not apply to docks and appurtenant structures, single-family residences and appurtenant structures, and waterfront industrial uses along the Miami River and at the Port of Miami. Nothing herein contained shall in any manner affect or apply to: the City of Miami/University of Miami James L. Knight International Center and hotel facility, including all improvements thereon, or to lands and projects which the city commission has approved prior to September 18, 1979, by development order pursuant to F.S. ch. 380 of a planned area development pursuant to article XXI-1, City of Miami Comprehensive Zoning ordinance or which have received site and development plan approval, including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972.
(Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01)"

Miami 21 (Zoning Code), states:
“3.11 WATERFRONT STANDARDS
In addition to the Miami City Charter requirements, the following Setback, walkways and waterfront standards shall apply to all waterfront properties within the City of Miami, except as modifications to these standards for all waterfront properties may be approved by the City Commission pursuant to the procedures established in the City Charter.

All Miami riverfront properties shall include water-related uses across all Transect Zones except T3.

a. Waterfront Setbacks
1. Waterfront Setbacks shall be a minimum of fifty (50) feet measured from the mean high water line provided along any waterfront, except where the depth of the Lot is less than two hundred (200) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth; and except for T3, T4-R, D1, D2 and D3 Transect Zones where a minimum Setback of twenty (20) feet shall be provided, except where the depth of the Lot is less than eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth. These requirements shall not apply to Marine Related Industrial Establishments along the Miami River. Within D1, D2 and D3 Transect Zones facilities may span across man-made slips with a Structure to conduct marine-related commercial and industrial activities.

b. Waterfront Walkways Design Standards:
1. Waterfront walkways shall be designed and constructed within the waterfront Setbacks in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum, shall remain open to the public between 6am through 10pm. Waterfront walkways are not required within Transect Zones T3, T4-R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant Use.

2. Waterfront walkways shall feel public, meet all Americans with Disabilities Act (A.D.A.) requirements throughout the entire length of the waterfront walkway and provide unobstructed visual access to the water.

3. Waterfront walkways shall connect to abutting public walkways, neighboring walkways, and Open Space at a consistent A.D.A. compliant width and grade to allow clear pedestrian circulation along the water’s edge.

4. The waterfront walkway surface shall remain at a constant elevation and be accessible to handicapped persons throughout the entire length of the waterfront walkway. Walkways should have a slight grade away from the bulkhead edge for stormwater retention within the transition zone.

5. The total width of a waterfront walkway shall be a minimum of twenty-five (25) feet and built to the standards and guidelines outlined in Waterfront Design Guidelines, on Appendix B.”

When asked for the approved building permit, the developer provided the distributed
“Temporary Use Permit” for this “temporary structure” per Sec. 62-528 Temporary Occupancies, Code of Ordinances, therefore claims the City Charter, Miami 21 Article 3.11 and Appendix B do not apply.

MRC Greenways subcommittee Chairman Martin and MRC Urban Infill Subcommittee Chairman Murley respectfully suggest that the Miami River Commission recommend the City Charter and Zoning Code be enforced via:

City Charter, “(iii) The above setback and side-yard requirements may be modified by the city commission after design and site-plan review and public hearing only if the city commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side-yard, or site-plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern.”

Miami 21 Zoning Code, “3.11 WATERFRONT STANDARDS
In addition to the Miami City Charter requirements, the following Setback, walkways and waterfront standards shall apply to all waterfront properties within the City of Miami, except as modifications to these standards for all waterfront properties may be approved by the City Commission pursuant to the procedures established in the City Charter.

Furthermore, if the remainder of the “Edge” site, located at 39-55 S. Miami Ave RD, becomes a temporary public park featuring a temporary section of the public Riverwalk, until the previously approved “Edge” development is constructed, then we respectfully suggest the Miami River Commission should recommend the City Commission approve the waiver of the City Charter and Zoning Code required waterfront building setback for the Edge’s partially constructed “Temporary Sales Center”, for no longer than the 2 years under the City’s previously issued “Temporary Use Permit”, not allow for any potential extensions of the “Temporary Sales Center”, and strictly require the complete removal of the “Temporary Sales Center” at the end of this currently permitted 2 year period.”

Mr. Ignacio Permuy, representing the owner of the “Edge”, stated the temporary sales center is for pre-construction sales of 70% of the approved units, which they expect to accomplish by December 2014, then remove the temporary sales center and break ground on the previously approved “Edge” development in June 2015, featuring a publicly accessible riverwalk.

MRC Chairman Aguirre stated this was important to a City Commissioner, and maybe on the City Commission’s agenda later this month.

Miami River Commission Vice Chairman Jay Carmichael made a motion, which was seconded by Ms Sandy O-Neil, and the Miami River Commission unanimously adopted the resolution respectfully recommending the City of Miami enforce the City Charter and Zoning Code via:

City Charter, “(iii) The above setback and side-yard requirements may be modified by the city commission after design and site-plan review and public hearing only if the city commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side-yard, or site-plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern.”

Miami 21 Zoning Code, “3.11 WATERFRONT STANDARDS
In addition to the Miami City Charter requirements, the following Setback, walkways and waterfront standards shall apply to all waterfront properties within the City of Miami, except as modifications to these standards for all waterfront properties may be approved by the City Commission pursuant to the procedures established in the City Charter.

Furthermore, if the remainder of the “Edge” site, located at 39-55 S. Miami Ave RD, becomes a temporary public park featuring a temporary section of the public Riverwalk, until the previously approved “Edge” development is constructed, then the Miami River Commission respectfully recommends the City Commission approve the waiver of the City Charter and Zoning Code required waterfront building setback for the Edge’s partially constructed “Temporary Sales Center”, for no longer than the 2 years under the City’s previously issued “Temporary Use Permit” or prior to commencement of construction of the approved Edge development featuring a public riverwalk, whichever comes first, and not allow for any potential extensions of the “Temporary Sales Center”, and strictly require the complete removal of the “Temporary Sales Center” at the end of this currently permitted 2 year period, which expires August 2016, or commencement of construction of the previously approved Edge development featuring a public riverwalk, whichever comes first.

The MRC meeting adjourned.

 

The MRC unanimously adopted their previously distributed November 3, 2014 public meeting minutes, with a few clarifications requested by MRC Vice Chairman Carmichael.

I. Chair Report – Horacio Stuart Aguirre
“Good afternoon ladies and gentlemen,

Welcome to the December 1st, 2014 regularly scheduled meeting of the Miami River Commission. It is now 12:10 PM and we are now in session.

My name is Horacio Stuart Aguirre and it is my privilege and pleasure to serve as your chairman.

With me, to my immediate right is the Vice-Chairman, Adm. Jay Carmichael and to his immediate right is Mr. Phil Everingham, President of Miami River Fund, Inc., the fiscal agent of the Miami River Commission. Both of these gentlemen produce very significant contributions to the commission and community, too much of which goes unsung but is well known to the powers in government and to this board.

To my immediate left is Mr. Brett Bibeau, the Managing Director of the Miami River Commission, who tirelessly toils to make things happen for the commission.

As a reminder, this is a Public Meeting and is thus being recorded and minutes will be published. There is an expectation of truthfulness and completeness in all presentations made before this body. Voting on all real estate matters will be taken by voice roll-call vote and the votes by individual voters is recorded.

The PowerPoint Presentation features pictures from two major Miami River Commission funded and coordinated volunteer beautification events in November on the Miami River Greenway. We thank all the volunteers from the Miami Marlins Ayudan and Hands on Miami who performed outstanding service on these two occasions. The volunteers painted a new mural, planted, harvested, and spread recycled mulch in the community vegetable and fruit garden and picked up litter along two sections of the public Miami River Greenway.

Once again, the Miami River Commission is very proud to publish and distribute the 4th Annual Miami River Calendar. Many, many thanks to all the generous Miami River advertisers. Please ask Brett Bibeau for copies of the calendar to distribute to your neighbors, friends and colleagues. This item is a year-long useful tool that promotes the vibrancy and diversity of the Miami River Corridor.

Along with Art Basel Week, we also have Annual Miami River Art Show, coordinated by Ms. Nina Torres starting this Thursday and continuing through this weekend. Brett has placed invitations to this event before you. This is a wonderful event, one of the “must to do’s” for this time of year and I strongly encourage you to join me and many civic leaders at this exhibition.

The 19th Annual Miami Riverday festival will be held on Saturday, April 11. 2015, from 1 to 6 PM, at Lummus Park, located at 250 NW North River Drive. This event features free Miami River Boat Tours, fabulous live music, delicious food, invigorating beverages, environmental education, historic re-enactors, children activities and much more. Please contact Director Bibeau ASAP to become a sponsor or refer a possible sponsor."

Miami River “Voluntary Improvement Plan”, Vice-Chairman Jay Carmichael
The following are examples of some of the Miami River Voluntary Improvement Plan (VIP) items addressed in November:

MRC reported 2 new small derelict vessels which recently appeared in Lummus Park. I thank DERM for Posting the vessels, which provides required 30 days notice / warning to the owners.

Last Miami River VIP report we discussed 5 South River Drive, which had been vacant for over 15 years and attracting trespassers and crime. We thank the new owners for demolishing the structure, and the new owners are working on plans to bring to the Miami River Commission. We continue to communicate with the City about their adjacent vacant 1 South River Drive, which is also suffering from trespassers and crime, and should be improved into a public greenspace or put out to bid for a new tenant. Ms. Sallye Jude made a motion for the MRC to recommend the vacant City riverfront site become a public greenspace. MRC Director Bibeau noted several years ago the City of Miami drafted a Request for Letters of Interest (RFLI) for the site, but never advertised it, and the new adjacent owners of 5 S River Drive emailed an offer of assistance for the City’s consideration. Director Bibeau noted this item was intended to be part of the Miami River VIP informational report, and was not intended to be voted on, therefore not specifically on the MRC’s publicly noticed meeting agenda, therefore no additional background materials were provided, etc. The MRC asked for the item to be considered and placed on the MRC Greenways and Urban Infill subcommittee’s December 10 public meeting agenda, and then be placed on the full MRC’s 1/5/15 public meeting agenda.

The MRC thanks:

• Miami-Dade County for removing overgrown weeds and invasive plant species which had overtaken the shoreline at County owned vacant 1175 South River Drive.
• The MRC thanks FPL and the City of Miami for repairing several of the broken street lights along North and South River Drive. We continue to work with them to ensure all street lights are functional along the Miami River.
• The MRC thanks Miami-Dade County’s Art in Public Places for commencing Phase I repairs of the iconic colored rainbow lights on the Miami River Metro-Rail Bridge. Phase II of the repairs has been delayed to next fiscal year, starting October 1, 2015, if funds become available then.
  

II. Miami-Dade Commission on Ethics Informational Presentation
Per the MRC’s voluntary invitation, Rhonda Sibilia, Miami-Dade Commission on Ethics, provided an informational presentation and answered questions. Copies of the following 2 Miami-Dade Commission on Ethics documents were distributed, “Highlights of the Miami-Dade County Ethics Code” and “Governing Above Board – Miami-Dade County Advisory Board Ethics Education Program”. Ms. Sibilia presented the concepts of the Sunshine Law, Public Records, Conflict of Interest, etc. Ms. Sibilia noted considering the MRC was not created by the County, it is not required by law to abide by the County’s Ethics Code, yet voluntarily chooses on its own accord to act ethically, operates under the sunshine law, etc. Phil Everingham, President of the Miami River Fund Inc (MRFI) which serves as the MRC’s non-profit 501c3 financial arm, asked if the MRFI was required to operate under the sunshine law, and Ms Sibilia stated the MRFI is a private non-profit, therefore not subject to the Sunshine Law.

III. Miami River Commission Subcommittee Reports
A. Greenways Subcommittee - Chair Dr. Ernie Martin
Invitations were distributed to the next 2 MRC coordinated and funded volunteer Miami River Greenway beautification events on December 4 and December 13, with volunteers from the Miami Marlins Ayudan and Hands on Miami.

The MRC Greenways subcommittee’s next public meeting is a joint meeting with the Urban Infill subcommittee on December 10, 3 PM, 1407 NW 7 ST, featuring the proposed plans for the Related Group’s “444 Brickell”, where some of the tenants renting in the current low-rise buildings are Capital Grille and Customs.

B. Stormwater Subcommittee, Chair Sallye Jude
The Stormwater subcommittee’s next public meeting is this Wednesday, 10 AM.

The City of Miami recently secured a $22 million Clean Water Revolving Loan from the State of Florida for the fully permitted Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project. The City is scheduled to release the RFP soon, and start dredging in early 2015.

The MRC meeting adjourned.