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MIAMI RIVER COMMISSION 
c/o Rosenstiel School
4600 Rickenbacker Cswy,
Miami, Fl. 33149
305-421-4850
Fax: 305-421-4755
  e-mail: mrc@rsmas.miami.edu

  MIAMI RIVER COMMISSION
  GENERAL COMMITTEE MINUTES:
 
Minutes of meeting

MONDAY
Feb. 7, 2005
12:00 NOON
(THIS IS A PUBLIC DOCUMENT)

Chairperson Irela Bagué called the Miami River Commission (MRC) meeting to order at 12:30 PM , Monday, January 10, Miami River Inn, 118 South River Drive , Miami , Florida .

Miami River Commission Policy Committee members and/or Designees attending were:
  • Chairperson Irela Bagué, South Florida Water Management District

  • Phil Everingham, President of the Marine Council, MRC Vice-Chairperson

  • Commissioner Bruno Barreiro, Board of County Commissioners

  • Betty Gutierrez, designee for Commissioner Bruno Barreiro

  • Roman Gastesi, designee for Mayor of Miami-Dade County Carlos Alvarez

  • Otto Boudet-Murias, designee for City of Miami Mayor Manny Diaz

  • Steve Wright, designee for City Commission Chairman Joe Sanchez

  • Gary Winston, designee for Miami-Dade State Attorney

  • Manny Prieguez, appointed by City of Miami Commission

  • Ernie Martin, Neighborhood Representative, appointed by City Commission

  • Sallye Jude, Neighborhood Representative, appointed by Miami-Dade Commission

  • Charles Morton, Miami River Marine Group

  • Eddie Rodriguez, Appointed by Miami -Dade Commission, designee     

  • Captain James Maes, United States Coast Guard Captain of the Port of Miami (ex-officio)

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

Others attending interested in the River:

  • Jim Murley, Florida Atlantic University

  • Dr. Fran Bohnsack, Miami River Marine Group, Executive Director

  • Claudia M. Miro, South Florida Water Management District (SFWMD)

  • Evan Skornick, SFWMD

  • Aida Curtis, Urban Landscape

  • Aris Garcia, Wolfberg Alvarez & Partners

  • Luis Castellon, Wolfberg Alvarez & Partners

  • Vicky Garcia Toledo , Bilzin Sumberg

  • Jeffrey Hooper, AME Shiping

  • Captain Beau Payne, P & L Towing

  • Carlos Espinosa, Miami-Dade Department of Environmental Resource Management

  • Carol Perrelet, DHS-ICE

  • Gus Noguera, Beethoven Society

I. MRC Chairperson Report: 

MRC Chairperson Irela Bagué asked for a motion on the January 10, 2005 MRC minutes. Mr. Phil Everingham moved to approve the January 10, 2005 MRC meeting minutes, the motion was seconded by Mr. Gary Winston and unanimously adopted.

Ms. Bagué provided MRC board members and attendees with a brief summary of the Sun Post’s Miami River Forum held in January 2005. She noted that the Sun Post would print the forum in its entirety this month.

B – MRC Managing Director’s Report

Mr. Brett Bibeau, MRC Managing Director, stated due to the United Way breaking ground on an extension to their facility, they have cancelled all future meetings. On behalf of the MRC, Mr. Bibeau thanked the United Way and their staff for accommodating the MRC’s monthly meetings since 2001. Mr. Bibeau informed MRC members and attendees that, through Commissioner Bruno Barreiro, Miami-Dade County has offered use of their riverfront conference room at Robert King High, 1401 NW 7 Street. Mr. Bibeau thanked Commissioner Barreiro and Miami-Dade County .

Mr. Bibeau noted that Miami-Dade County had invited the MRC to attend their 2005 “Washington DC Fly-In” on February 16, 2005 . Per the previously approved 2005 MRC budget “Washington DC Travel” $900 line item, Mr. Bibeau asked for authorization to attend and support the Miami River Maintenance Dredging project’s local sponsor request for fiscal year 2006 federal funding. Ms. Bagué noted that it was important for the MRC to have a presence in Washington , and no objections were stated to Bibeau’s travel to Washington .  Bibeau thanked the MRC.

Mr. Bibeau announced the City of Miami ’s Waterfront Advisory Board requested a presentation regarding the Miami River Corridor Urban Infill Plan, during their February 8 meeting at 6:30 pm , in City Hall, 3500 Pan American Drive . Bibeau encouraged MRC members and interested parties to attend the Waterfront Advisory Board meeting.

II. Presentation of Miami River Town , 1500 NW North River Drive ( Mahi-Shrine Temple )

Ms. Bagué introduced the item and recognized counsel for the presenters, Ms. Vicky Garcia-Toledo. Ms. Garcia-Toledo introduced the project’s architect, Mr. Aris Garcia of Wolfberg Alvarez & Partners. Ms. Garcia-Toledo noted that since presenting the Miami River Town project to the MRC Urban Infill Working Group in January, Mr. Garcia had made some minor changes to the development plans. Mr. Garcia distributed copies of the plan’s changes to MRC board members.

After recently being told by the City of Miami that parking was not permitted directly on North River Drive , Mr. Garcia said he incorporated some of the square footage from the building to create an internal drive with the required parking spaces. Garcia stated he shared the changes with the City of Miami ’s Urban Design Committee and Public Works Department, and was awaiting final approval.

Ms. Garcia-Toledo stated Miami River Town is a mixed-use, three-phase project, with ground floor retail, office space, 985 residential units, and the parking pedestals are facaded with residential town homes. The three proposed buildings consist of one 35-story (352 feet) and two-34-story (342 feet).  Ms. Garcia-Toledo added that the proposed mixed-use development would require a change in zoning from Office to Restricted Commercial (C-1) with an SD-19 Overlay to increase the proposed project’s Floor Area Ratio (FAR). The project would also require a Major Use Special Permit (MUSP).

Mr. Garcia noted the proposed development is located at the current Mahi-Shrine Temple site, across from the Miami-Dade Justice Center , to the  westthe west of I-836... The buildings are setback 50 feet from the river’s north shoreline, featuring a 16-foot wide publicly accessible unobstructed riverwalk pedestrian path, and two north south pedestrian paths with view corridors, connecting to the riverwalk.  In addition, there are two restaurants and a gazebo connecting to the riverwalk area.  Ms. Garcia Toledo stated the potential developers are willing to provide a “public easement” for the publicly accessible riverwalk area.

Ms. Bagué asked Mr. Murley, Chair of the MRC’s Urban Infill Working Group (UIWG), to state their findings on the proposal. Mr. Murley referred to the UIWG’s January 12, 2005 minutes and “Technical Review Report,” which state, “The UIWG found the project to be consistent with the Miami River Corridor Urban Infill Plan and the Miami Greenway Action Plan’s recommendations for this redevelopment opportunity area.” Ms. Bagué thanked Mr. Murley.

Chairperson Bagué asked Dr. Ernie Martin, chair of the MRC’s Greenways Subcommittee, to state his findings on the project. Dr. Martin said, that though he was unable to attend the January UIWG meeting, he concurred that the proposal appears to be consistent with the Miami River Greenway Action Plan.

Ms. Garcia-Toledo stated, as per the request of the UIWG, that Mr. Garcia had shifted the gazebos featured along the waterfront, in order to not obstruct the riverwalk’s 16-foot wide pedestrian path, and cleats would be added to the riverwalk to provide temporary recreational boat dockage. Garcia-Toledo stated the potential developers are interested in working with Miami-Dade County to develop their immediately adjacent surface parking lot to the east of the proposed project, due to the shortage of parking within the area. Mr. Roman Gastesi asked if the historical markers recommended by the UIWG during their January meeting would be incorporated in the proposed plans, and Ms. Garcia-Toledo stated they would.

Chairperson Bagué noted she was pleased that the proposed designs closely mirrored the recommendations featured in the Miami River Corridor Urban Infill Plan.

Ms. Sallye Jude made a motion that the MRC finds Miami River Town to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan.  Mr. Roman Gastesi seconded the motion, which was unanimously adopted.

III. Presentation of “Coastal on the River”, 2215 NW 14 Street

Mr. Patrick Range, Greenberg Traurig, requested a continuance to the MRC’s March 8, 2005 meeting at noon, in Robert King High, 1401 NW 7 ST.

 IV. Consider Draft “2nd Annual Update” of the Miami River Corridor Urban Infill Plan

 Chairperson Bagué led the discussion of the five proposed amendments to the Miami River Corridor Urban Infill Plan, contained in the draft “2nd Annual Update”.

Chairperson Bagué asked Dr. Ernie Martin to introduce his first proposed amendment,

·        “In order to make development in the “Middle” and “Upper” River (west of NW 5 ST Bridge) more in scale with the surrounding neighborhoods, request the City of Miami to calculate Lot Area, Floor Area Ratio and Open Space based on existing upland private property only, eliminating the 50-foot bonus provided into the Miami River.”

Dr. Martin stated this amendment is based on his concern over development density within the “mid-rise” middle river, and marine industrial upper riverupper river.  Martin noted currently developments calculate density with ana Floor Area Ratio (FAR) formula, which allows including submerged lands, creating a false impression of the upland at riverfront sites.  Dr. Martin noted an example was Hurricane Cove, where half of the property calculated in the FAR was the marina area of the private property.

Mr. Otto Boudet-Murias explained that including the square footage off of the private property, 50 feet into the Miami River , is technically not a FAR bonus, but part of the formula used in calculating the Gross Lot Area (GLA).  Mr. Boudet-Murias stated the FAR calculation is citywide, and moving towards a form based code, therefore eliminating the FAR building parameters, is being considered in the creation of the new citywide “Miami - 21” Plan.  Mr. Boudet-Murias noted the order of the geographic quadrants for “Miami-21” to study hasn’t been determined yet.  Dr. Martin asked for the MRC to adopt the proposed amendment in principle, and in accordance with all appropriate laws.

Mr. Winston stated he was concerned about unintended consequences, and made a motion to defer Dr. Martin’s FAR amendment, to allow for further study and additional data. Mr. Boudet-Murias seconded the motion, which was unanimously adopted.

Chairperson Bagué noted any significant revisions to the proposed amendments would require further public hearings prior to final consideration, similar to the series of public hearings conducted on the current amendment proposals.

Bagué asked Dr. Martin to introduce his second proposed amendment:

·        “Consider Residential Market Study to ensure that a market exists for more than the 8,000 residential units currently under construction, approved or in final permitting along the Miami River .”

Dr. Martin stated some feel the strong residential development market maybe artificial and inflated.  Therefore, he recommended a residential market study.  Ms. Bague asked who would pay for the proposed study and Dr. Martin stated perhaps this sort of analysis already exists.  Mr. Boudet-Murias stated no similar City of Miami studysstudies exist...  Ms. Jude stated she believes 80% of the market is speculative.  Dr. Bohnsack, Miami River Marine Group, stated she recently obtained the draft City of Miami ’s Miami River Economic Analysis, which analyzes the River’s residential and marine industrial markets.  Mr. Boudet-Murias responded the draft analysis is unacceptable, and the City of Miami is heading into litigation against the consultants they contracted with to prepare their Miami River Economic Analysis, due to the lack of detail and analysis per the study contract’s scope of work.  Mr. Boudet-Murias stated the City hasn’t identified any additional funding for their economic analysis.  Dr. Martin stated regardless of whom conducts his proposed Miami River Residential Market Study, it should be done, and noted several newspaper columns have been questioning the residential market.  Mr. Prieguez stated developers must conduct similar research.  Mr. Winston stated the original Miami River Corridor Urban Infill Plan didn’t consider any economic analysis, and Dr. Martin replied it did consider the independent Miami River economic analysis conducted by Kenneth Lipner, which noted the value of the Miami River ’s marine industry, which will be significantly improved upon completion of the commenced Miami River maintenance dredging project.  Ms. Jude added the Miami River maintenance-dredging project should be given an opportunity to be completed, in order to assert the anticipated economic impact to the marine industry.  Phil Everingham stated there was no economic analysis of the extent for the current residential market necessary when the Miami River Corridor Urban Infill Plan was created, because at the time there were limited proposed residential developments along the Miami River .  Everingham noted today there are 8,000 residential units under development or in final permitting along the Miami River , therefore the proposed amendment to conduct this analysis is a valid recommendation.  Mr. Everingham made a motion to approve the proposed amendment to, “Consider Residential Market Study to ensure that a market exists for more than the 8,000 residential units currently under construction, approved or in final permitting along the Miami River .”

Mr. Gastesi recommended seeking funding for the proposed analysis from the State of Florida .  Ms. Bagué suggested conducting a study that would include both residential and marine industries, and how they would coexist along the Miami River Corridor.  Commissioner Barreiro stated there may be similar existing residential market study’s conducted by the private sector, which should be obtained and considered by the MRC.  Mr. Everingham stated private developer studies, such as their traffic analysis, tend to reach favorable conclusions for the proposed project...  David Restrainer, Fortune Reality, suggested considering the 1996 Wolf, Reyngold report, which recommended significant residential development within the City of Miami .  Mr. Murley stated the population increase forecasts lead to a need for developing new residential units countywide, yet the question remains how many of the units should be constructed along the Miami River ’s federal navigable channel, on sites zoned Marine Industrial.  Murley stated this scenario is similar to the need to preserve farmland, which is often rezoned for residential developments.  Murley therefore recommended considering any existing residential market studies, and further consider conducting new ones.  Bud Morton stated the marine industry is on the rise, yet marine industrial sites are being rezoned for residential developments, therefore time is of the essence.  Morton noted the 1996 Wolf Reyngold report is outdated, because since then 8,000 new residential units have been planned along the River.  Mr. Murley stated the MRC has been reacting to proposed amendments to existing marine industrial zoning amendments, and should take a more proactive approach by studying two or three specific marine industrial areas on the Miami River .  Mr. Boudet-Murias stated he agreed with Murley.  Mr. Murias suggested focusing in on the river’s target properties and examining redevelopment options to bring in marine industries and create more jobs.  He reasoned that City Commissioners usually agree to convert marine industrial land to residential because they are not offered alternative solutions for vacant sites. If they were given a chance to see real investment behind marine industries, then they would possibly act differently. Mr. Murias said that perhaps conducting a study of the positive economic effects of the marine industry would be more useful than conducting a residential study.

Mr. Everingham stated the proposed amendment to “Consider Residential Market Study to ensure that a market exists for more than the 8,000 residential units currently under construction, approved or in final permitting along the Miami River.” should be deferred for further consideration, and withdrew his motion to approve.  Bud Morton seconded the motion to defer the amendment for further consideration, and the motion was unanimously adopted.

Chairperson Bagué commenced discussion of the third proposed amendment:

·        “Encourage developments to include alternate sources of energy and water conservation, i.e. solar panels and low-flow showerheads.”

Ms. Bague stated she felt this proposed amendment was important.  Mr. Everingham asked if there were any City incentives available to encourage developments use of alternate energy sources and means of water conservation.  Mr. Boudet-Murias replied perhaps incentives may be created when the State of Florida adopts the “International Building Code”.  Commissioner Barreiro noted the proposal is simply that the MRC recommends the encouragement of future developments to include alternate sources of energy and water conservation.  Roman Gastesi made a motion to approve the Miami River Corridor Urban Infill Plan amendment to “Encourage developments include alternate sources of energy and water conservation, i.e. solar panels and low-flow showerheads.”  Ms. Jude seconded the motion, which was unanimously adopted by the MRC.

Dr. Fran Bohnsack, Miami River Marine Group, stated she is representing MRC board member Mr. Dick Bunnell, who is unable to attend the MRC meeting due to jury duty.  Dr. Bohnsack stated Mr. Bunnell proposed the following amendment to the Miami River Corridor Urban Infill Plan:“RecommendPlan, Recommend preservation of all remaining marine industrial (SD-4) zoning and industrial land use within the Miami River Corridor.”

Dr. Bohnsack distributed copies of a map of the Miami River , comparing the Marine Industrial (SD-4) zoned riverfront parcels from 2000 to 2005.  Dr. Bohnsack stated in 2000 there were 79.8 acres of marine industrial zoned land along the Miami River , within the City of Miami .  Dr. Bohnsack stated half of the parcels, nearly 40 acres, have been rezoned from marine industrial to allow for high-density residential developments. Dr. Bohnsack stated of the 32 remaining marine industrial sites, 24 are in jeopardy of losing their marine industrial zoning and land use, because they are located in the “lower” and “middle” river areas, potentially leaving only 8 marine industrial zoned riverfront sites in the City of Miami.  Therefore, Mr. Bunnell proposed an amendment to the Miami River Corridor Urban Infill Plan for the MRC to recommend the preservation of all remaining marine industrial (SD-4) zoning and industrial land use within the Miami River Corridor. Dr. Bohnsack suggested the MRC consider recommending the City of Miami create a moratorium on future land use and zoning amendments from marine industrial, until the City’s Miami River Economic Analysis is concluded.  Mr. Everingham made a motion to approve the amendment to the Miami River Corridor Urban Infill Plan, to “Recommend preservation of all remaining marine industrial (SD-4) zoning and industrial land use within the Miami River Corridor”, and Mr. Morton seconded the motion.  Commissioner Barreiro stated the City of Miami might object to the concept of a moratorium, therefore he preferred the existing language to “recommend preservation”.  In addition, Commissioner Barreiro noted he would prefer considering the City of Miami ’s Miami River Economic Analysis first.  Dr. Martin noted the MRC has been waiting for the City of Miami to complete their Miami River Economic Analysis for over two years.  Captain Payne stated the City of Miami ’s Miami River Economic Analysis was supposed to take 6 months to complete, and now the City has decided to discard the final draft study, therefore it would be to late for the marine industry if everything must wait until the long overdue study is completed.  Chairman Bagué called the question, and the MRC adopted the amendment by a vote of 7-3, with one abstention.      

The MRC discussed the following final potential amendment to the Miami River Corridor Urban Infill Plan, proposed by Commissioner Bruno Barreiro:

·        Recommend Miami-Dade County convert the use of county-owned property at 1175 NW South River Drive into the proposed publicly accessible Miami River Urban Design Center . The marine oriented Miami River Design Center would include the MRC offices, dockage for the Miami-Dade Marine Patrol, and open green spaces.”

Commissioner Bruno Barreiro revised his proposed amendment by titling the aforementioned facility the “ Miami River Center ”.  Mr. Gastesi moved to approve the revised amendment. Ms. Jude seconded the motion, which was unanimously adopted by the MRC.  

Mr. Bibeau noted the MRC had voted to defer the first two proposed amendments, and approve the remaining three amendments to the Miami River Corridor Urban Infill Plan found on page 12 of the Plan’s draft “2nd Annual Update”, and asked if the MRC desired to take any further actions on the 28 page document.  Ms. Jude moved for the MRC to adopt the draft “2nd Annual Update” of the Miami River Corridor Urban Infill Plan, with the removal of the two deferred amendments.  Mr. Everingham seconded the motion, which was unanimously adopted by the MRC.   On Behalf of the MRC, Chairperson Bagué thanked Mr. Murley and Mr. Bibeau for their time, effort and good work during the 7 public hearings on the “2nd Annual Update”.  Furthermore, Bagué stated she wants the MRC to work proactively with the City of Miami towards the adoption of the Miami River Corridor Urban Infill Plan.

V. MRC Subcommittee Reports-

a.   Dredging Working Group-

Mr. Roman Gastesi informed the MRC that the Miami River maintenance-dredging project is proceeding well.  Gastesi noted dredging within Acceptance Section 1 was completed, and dredging had commenced within Acceptance Section 2.  Mr. Gastesi stated the private relocation of utility crossings is proceeding on schedule with one exception: a Florida City Gas Line within Acceptance Section 1.  The Army Corps will require Florida City Gas to pay for dredging in that area after the line is relocated.  Chairperson Bague stated she met with Johnny Martinez, Florida Department of Transportation (FDOT), whom stated the FDOT will address dredging adjacent to the NW 5 ST bridge, which is currently built into the federal navigable channel and scheduled for replacement.  Either FDOT will remove the existing NW 5 ST bridge just before the Federal dredging project reaches that vicinity, or the FDOT would be responsible for dredging in that area after the bridge is removed.

b.  Greenways Subcommittee-

Dr. Martin, Chair of the MRC’s Greenways Subcommittee, stated the City of Miami ’s Capital Improvement Department and the Trust for Public Land have been doing great work in moving forward the construction and engineering documents of several sections of the Miami River Greenway Action Plan.

 Dr. Martin stated the MRC had been provided the revised draft Request for Proposals (RFP) for the construction, installation and maintenance of the Miami River Greenways Historical Markers.  Martin noted the revised draft RFP would be for the Villagers Inc to release, with administrative assistance provided by MRC staff. The proposed Miami River Greenway Historical Marker RFP’s Evaluation Committee would consist of one voting representative from the Villagers Inc., City of Miami Trust for Public Land and the Miami River Commission , and the selected bidder would enter into a contract with the Villager’s Inc.  There were no objections stated to this proposal or having the Villager’s Inc. issue the presented draft RFP.  

c.   Stormwater Subcommittee-

Ms. Sallye Jude, Chair of the MRC’s Stormwater subcommittee (SSC), stated the City of Miami , Miami-Dade County and Environmental agencies are continuing to work on the  Wagnerthe Wagner Creek water basin. Mr. Evan Skornick, SFWMD, noted the recent SSC minutes reflect the status of SFWMD funding for significant improvements within the Wagner Creek area.

d.  Economic Development & Commerce Deferred to the March 7, 2005 MRC meeting.

e. Miami River Safety Committee-

Dr. Fran Bohnsack, Miami River Marine Group (MRMG) stated that a team of inspectors conducted surprise drills on all the River’s shipping terminals last week. Mr. Bud Morton stated the shipping terminals tested very well during the series of surprise drills, and 90% of them are currently operating at an “A” grade.  Dr. Bohnsack, MRMG, announced the Miami River ’s shipping terminals are the first in the State of Florida to fully comply with the National Transportation Security Act (NTSA).  

VI.       New Business-

Bibeau reminded attendees of the Ninth Annual Miami Riverday, March 19, 2005 , Jose Marti Park , SW 4th Street and SW 4th Avenue , from 11 am to 5 pm .

Chairperson Bagué introduced Janice Fleischer, and stated the MRC Executive Board will be meeting with Ms. Fleischer todiscuss the concept of an MRC retreat, and would report back to the full MRC with further details.

      The meeting adjourned.

IV. Adjournment 

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

_____________________________Recording Secretary

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