LTC 245-2011 Actions Responding to Mr. Estrada's Swale CA MIAMI
REOFIVFO
OFFICE OF THE CITY MANAGER 2011 OCT -3 PM 12: 52
NO. LTC # 245 -2011
LETT NE . �. 04115510N
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 29, 2011
SUBJECT: Summary And Follow -up Actions Responding To Mr. Estrada's Swale
Planting Issue Presented At The July 13, 2011 Commission Meeting
The intent of this Letter to Commission is to provide you with a summary of the issues and
action steps taken to address Mr. Joseph Estrada's request made at the July 13, 2011
Commission meeting's Sutnick Hour, concerning the replacement of a palm in the swale in
front of his home. In short, due to the unique circumstances regarding the removal,
replacement, and apparent declining condition of the palm in this swale, the City, with Mr.
Estrada's concurrence, is proceeding to provide alternate plantings that will meet the County
code requirements regarding plantings near power lines.
Background
Mr. Estrada resides at 1760 Bay Drive on Miami Beach. Mr. Estrada's neighborhood
underwent capital project improvements in December of 2007 and was completed in early
2010. The improvements included: enhanced storm water drainage collection and disposal;
landscaping; extension or widening of sidewalks to comply with ADA requirements; street
resurfacing /pavement markings; pedestrian access ways; and, the incorporation of traffic
calming features.
Mr. Estrada stated that, during construction, the contactor removed two (2) Royal Palms he
had previously purchased and planted in the swale in front of his house because there was
work to be done on this swale as a component of the improvement project. According to Mr.
Estrada, the palms were relocated to Trouville Esplanade, at the neighborhood's entrance;
however the work that was planned for the swale was never started. At that time Mr. Estrada
expressed his concern to the CIP office that the palms he planted had been removed and
then no work was done. The CIP staff subsequently had the contractor doing the capital
project work in Mr. Estrada's neighborhood plant two (2) Royal Palms back in the swale. In
Mr. Estrada's opinion the replacement Royal Palms were of lesser quality than those he
originally planted. Eventually, the two replacement palms began to show stress, with a
wound opening on one of them. Mr. Estrada then contacted CIP seeking to have the palms
replaced thinking that perhaps they were still under warranty from the contactor.
On May 26, 2011, Fernando Vazquez, the Director of Capital Improvment Projects Office
sent an email to Mr. Estrada responding to Mr. Estrada's request for assistance. Mr.
Vazquez informed Mr. Estrada the City could remove the damaged palm and but could not
plant another Royal Palm in its place as it would grow too close to the powerlines. Mr.
Vazquez did however offer to have an appropriate spieces of palm or shade tree planted in
the swale to resolve the problem. Mr. Estrada responded that he didn't understand this
rationalization as the City had planted Royal Palms under powerlines in other projects near
his home. Mr. Estrada also sent his request for assistance to the Mayor and Commissioners'
Office. From June to mid July, the City attemepted to find an acceptable solution that would
address Mr. Estrada's concerns. Unfortunately, none were identifed.
Page 2 of 2
At the July 13, 2011 Commission meeting's Sutnick Hour, Mr. Estrada presented his
concerns, requested that the City remove the existing damaged palm and plant another
Royal Palm to match the existing ones in the swale in front of his house. The Adminstration
advised the Mayor and Commission that it is a violation of the Miami -Dade County
Landscaping Ordinance (Chapter 18A. Sec. 18A -6. Minimum standards. (C) Trees. (3)
Powerlines.), which states that tree planting under power lines "...shall meet the following
requirements: (c) Maturing to a height and spread not encroaching within five (5) feet of
overhead distribution lines." The City Commission and Adminstration expressed their regrets
to Mr. Estrada for the situation but also stated the City can not condone violating the Miami -
Dade County Landscaping Ordinance. The matter concluded with the Commission
requesting the Administration to do whatever is possible, within established ordinance,
planting guidelines and professional standards, to identify a viable solution to address Mr.
Estrada's concern.
Following the July 13 Commission meeting, City staff completed a survey of swale in front
of Mr. Estrada's home to determine if there was adquate space to safely and properly plant a
palm. The survey results showed that the swale between the power line and the edge of
pavement was approximately 14 feet in width. Florida Power and Light's planting
specifications requires that palms, such as Royal Palms, with a frond length of 10 feet be
planted a minimum of 13 feet from the power line. In this case this would leave 1 foot from
the edge of pavement to plant the Royal Palm, which is not possible without cutting the
roadway and creating a safety hazzard.
Dr. Chris Latt contacted Mr. Estrada to advise him of our efforts and to once again offer the
option of having the City remove the palms in question and replace them with a species of
palm or tree that was appropriate for planting under power lines. Mr. Estrada told Dr. Latt he
would think about it and let him know of his decision. On August 29, 2011, Dr. Latt called
Mr. Estrada to see if he had come to a decision. Mr. Estrada responded that he would like to
retain the existing Royal Palms, and requested that the city plant four triple -trunk Veitchia
Palms between the Royal Palms, that way if the Royal Palms die, the Veitchia will be in
place. Mr. Latt advised Mr. Estrada he would discuss this option with the administration and
get back to him.
On September 6, 2011, Dr. Latt called Mr. Estrada to follow -up. At this time Mr. Estrada
requested a substitution of the Veitchia Palms with four (4) Foxtail Palms (Wodyetia
bifurcate) which are appropriate for this planting area. Dr. Latt confirmed this was an
acceptable species and that the City would be contact Mr. Estrada when the palms are
ready to be planted.
Taking into consideration the previously stated unique set of circumstances related to this
matter, it is the City's intention to proceed with the planting of the four (4) Foxtail Palms in
this swale at an estimated cost not to exceed $3,000 in total. The funding will be identified
by Capital Improvement Projects Office and provided to the Parks and Recreation
Department to make the purchase. The Administration considers this to be a fair and
equitable solution and should conclude the matter.
Plea - ad e if you have questions, comments or concerns.
MG/. =/H /FV /I
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