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HomeMy WebLinkAboutMinutes Council 082699• 0 CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING AUGUST 26, 1999 The August 26, 1999, Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark and Councilman Carl Sabatello. ITEMS FOR DISCUSSION Canal Right -of -Way Maintenance Mayor Russo expressed regret that a threatening letter had been received which had resulted in a police investigation. It was the consensus of the City Council not to hear public comments on this issue. City Engineer Lindahl commented on drainage and flood control for the whole community affected by the Thompson River canal, compliance with governmental regulations, and described components necessary to improve any canal system. The City Engineer described land dedicated as right -of -way, reported he had checked with Wellington village officials regarding their dredging procedures, and stated he had provided a report as a result of investigating policies and procedures of municipalities, utilities, water control districts, and development districts. During discussion of hydraulics, canal improvements adjacent to RCA Boulevard were described, and water flow at bridges was compared to traffic situations. Mr. Lindahl reported that Wellington's canal maintenance was done from access platforms, and not from a dredge as had been reported. The City Engineer reported that the proposed mitigation items were accomplishable. The City Engineer's recommendation was to utilize the right -of -way to restore the Thompson River canal capability to provide drainage and flood control, and to provide for continuous maintenance. Vice Mayor Furtado suggested that since the configurations of individual lots were so different that each be worked with individually. CITY COUNCIL WORKSHOP MEETING, 8/26/99 2 • Councilman Sabatello expressed his position that everything in the right -of -way needed to come out, discussed placement of fencing and favored a signed agreement with each property owner. Vice Mayor Furtado expressed concern that proper setbacks might not remain and requested a meeting with residents or to let them speak later in the meeting. Councilman Sabatello expressed his opinion that tolerances must be established, and favored a plan to buffer the east side of the canal where there were no homes. Mayor Russo summarized comments so far: to go ahead with staff recommendation on the platform, that everything in the right -of- way must come down, and meet with each homeowner regarding mitigation. Councilman Sabatello favored establishing criteria for staff to follow. Vice Mayor Furtado commented the City should have followed standards they set for others and should do so in the future, and should always conduct tree surveys and environmental studies before beginning projects. Bob Patty explained the construction schedule timing and named some large tree species which could not be relocated, but stated that fruit trees could be relocated. Mr. Patty commented that mitigation would cost additional time and money and requested discussion regarding how • that cost would be handled. Mayor Russo expressed his opinion that it would worth it to spend more to minimize the impact to residents. The Vice Mayor suggested that the Public Information Officer coordinate with residents, which the Mayor and other members of the Council felt should be discussed with the City Manager. The Vice Mayor requested that the City not cite residents for placing grass clippings into the canal if the City mowers along the access platforms would be shooting clippings into the canal. During discussion of establishing standards it was requested that the City Forester prepare a list of moveable and non - moveable trees. Carol Parkola, 3861 Dogwood, asked what would be done about sprinkler systems, to which the response was that sprinkler systems would be put back within a week to two weeks. Bob Patty listed the proposed mitigation items: Pulling up fence posts, rolling up chain link fencing, replacing it, foratam sod on the platform if residents were willing to irrigate it, relocation of smaller fruit trees or desirable species which were readily moveable, removal and replacement of all irrigation suction lines after the platform was completed, pulling out docks and placing material in the yard if the resident desired. Councilman Sabatello pointed out • difficulties with providing the different mitigation items, and CITY COUNCIL WORKSHOP MEETING, 8/26/99 3 expressed his opinion that the area where the mistake had been made should be handled differently from the rest of the canal, which should follow established criteria. Consensus was to have Bob Patty come back at next week's meeting to state what he believed he could accomplish. Mayor Russo commented he believed irrigation must be undertaken, and requested that Mr. Patty provide a cost figure for everything that must be accomplished. Karen Ray, 9820 Dogwood, commented she had lived there for 14 years and that in the early years the water was lowered before storms, which had not been done during the past few years. City Engineer Lindahl commented that South Florida Water Management no longer had that policy because of problems in releasing too much fresh water into Lake Worth and that they did not want to lose fresh water. Don Bal, 3784 Dogwood, questioned whether the City Engineer had visited the canal since his graphic did not depict actual conditions; commented water would not go through bridge areas any faster if the canal was wider; questioned why platforms were • needed on both sides, commented that plant root systems helped hold water in and prevent erosion, and expressed concern that removing vegetation would cause erosion. Mr. Lindahl responded he had visited the canal and the graphic had been made to discuss hydraulics, that bridges presented a restriction which required a greater amount of energy to move the water through, that platforms were needed on both sides for access to outfalls, and that sod root structures would prevent erosion, with bahia being better than floratam. Bertha Hollich, 9926 Dogwood, thanked the City Council for coming to her home, commented utility easements were different on the different properties and asked what would be done if fences were required to be moved to a certain area and that happened to be on a utility easement. Ms. Hollich questioned whether a second opinion had been obtained from someone completely outside the City regarding the type of operation. Mr. Patty reported the utility companies would work with the City regarding easements. The City Engineer commented some engineers might have different opinions regarding platforms on two sides or one, but that he would be very surprised if anyone would offer an opinion to do anything less than what was proposed. 0 • CITY COUNCIL WORKSHOP MEETING, 8/26/99 4 Grant King, 631 Riverside, commented his back yard was only 12' wide, and questioned whether any studies had been done as to whether bridges would withstand the impact of added water volume. Mr. King asked whether South Florida Water Management's practice of not releasing fresh water would render the project useless. Mr. King also asked how the dredged soil would be disposed of and whether the river bottom had been tested for contaminents. Mr. King requested a presentation by an outside firm to provide a second opinion. Mr. Lindahl explained that there would not be increased water flow and that bridges would withstand the water flow; the dredged soil would be removed by trucks; and samples taken from the river bottom had contained no heavy metals or contaminents. William Lawry, 1051 Bedford, Lake Catherine, questioned what other methods had been considered. Mr. Lindahl explained that hydraulic dredging required handling material 2 -3 times, a permanent site was needed for a containment area, there were dewatering issues and that it was more costly. Zola Hartman, 10174 Dogwood, commented everyone was in agreement that the canal needed to be cleaned and the flood issue addressed, but the real problem with the flooding had been that water management personnel had not believed what they saw on their gauges and therefore did not open the gates, which meant that gates in other parts of the area could not be opened. Water Management personnel had advised Ms. Hartman that since the January flood new guages and sensors had been installed to open the gates at 45th Street and Blue Heron Boulevard. Ms. Hartman explained she was also told that snook fisherman tinkered with gauges to produce false readings, which needed to be addressed. Ms. Hartman stated she had brought a video to show that the Thompson River flowed at flood time. Ms. Hartman stated she still did not understand why dredging was not possible and believed it would be less costly in the long run and less intrusive, and it could all be over in a month. Ms. Hartman requested a second opinion regarding dredging, asked what the FEMA compliannce requirements were, asked whether the common areas of the City did not belong to the taxpayers, aked why since three bids were required on jobs that there had not been a second or third opinion on this job. Ms. Hartman commented that the City was in a lawsuit because a roan had cut down trees and now the City had cut down her trees, which were irreplaceable. Mayor Russo responded that CITY COUNCIL WORKSHOP MEETING, 8/26/99 5 guages had not caused the flooding, that rain had caused the flooding. Mr. Lindahl explained that the gauge on S -44 during the January 2 storm was an automatic operating rain gauge and it had been subsequently proven that the gauge was not recording rainfall in the appropriate quantities. Mr. Lindahl explained that 31 inches of rain in an 8 -hour period was orignally reported , which was corrected the next day to 18 inches; however, according to South Florida Water Management, that had nothing to do with the gates opening, which had been done according to their protocol. Roger Blangy, 11658 Hemlock, questioned whether something would be done regarding drainage in his neighborhood, to which the Mayor responded affirmatively but stated that would be addressed at another meeting, and recommended a joint meeting with Mr. Blangy and all his neighbors to discuss the issue. James E. Lee, 4301 Hawthorne, Garden Woods, commented the flood had been a once in a lifetime event and was appalled that hundreds of homes were flooded and there was concern with only 13 homes. Mr. Lee requested that the project proceed. Jack Tare, 3761 Dogwood, commented the City was now trying to get back land it had lost due to neglect by Public Works. Mr. Tare questioned starting from the top rather than the bottom, bids on the dragline, what happened to the money which was supposed to have gone for maintenance of the river over the years, and commented that no matter what the people said nothing was changed. Mayor Russo commented water flow had been explained, the bid process had been discussed, and the money spent on canal maintenance over the years was in the budget. Alan Adams, 9614 Cypress Street, commented he lived at the juncture of the Earman River and the Thompson River and expressed concern that without changing the level to which Lake Catherine could rise during a storm that flooding from the lake could not be stopped. Mr. Adams expressed concern that opening up the flow rate in the Thompson River and the Earman River with the same level of rainfall would increase the flow rate into Lake Catherine, which would make the water level worse than before. Mr. Adams recommended Lake Catherine people to sit in conference with the City Council to fmd out what the City intended • to do about working with the South Florida Water Management District to snake sure what they did would drain the lake in times CITY COUNCIL WORKSHOP MEETING, 8/26/99 6 • of flood. Mr. Lindahl explained that resolutions had been sent from the City, Northern Palm Beach County Improvement District, Palm Beach County, Riviera Beach, and West Palm Beach to South Florida Water Management District 3 -4 months ago to either equip a third gate on S -44 to handle flooding or get a C -17 restudy to handle potential flooding in that basin by diverting water back further inland for storage; and that South Florida Water Management was expected to take action shortly on this issue. Mr. Lindahl stated that Mr. Adams comments were valid. Shane Madson, 9972 Dogwood, questioned what would happen at the spillway, and commented that on RCA the culvert had been replaced with a larger one but the canal behind it had not been made deeper. Mr. Lindahl explained water flow. Zelaida Valdes, a 20 -year resident of 10056 Dogwood, commented that the canals used to be cleaned the old way and it was not fair that residents had to conform and that another way of dredging would be more cost effective. Mr. Lindahl responded that another way would be more costly. • Consensus of the City Council was to go ahead with the project and to consider a policy at the next meeting. Vice Mayor Furtado stated she had asked for a safety report regarding access to the platforms behind homes, and had been told that a gate would be placed at the end so that access would be limited. City's 40th Birthday Celebration Sue Miller, Parks and Recreation Director, presented a proposal for consideration. It was agreed to check on providing free hot dogs, birthday cake and punch Engineering Fees Vice Mayor Furtado provided copies of a 1996 study which addressed in -house engineering as well as the minutes of the meeting pertaining to that study. Mayor Russo stated he would be happy to start discussion but did not want to make a decision on in- house engineering until input from the new City Manager could be obtained; and related a bad experience with in -house engineering in another City because quality personnel could not be found for the dollars that could be paid. Mr. Lindahl explained that recruiting new personnel was difficult; that a $75,000 salary would attract competent personnel; that transition to in -house engineering would be difficult at this time because of complex issues which would not CITY COUNCIL WORKSHOP MEETING, 8/26/99 7 be resolved for several months; and that current fees were not out of line. Councilman Sabatello questioned whether a staff of three would be sufficient with upcoming growth, to which Mr. Lindahl responded that at times there were five people from his firm working on project reviews and that his firm could provide more people to work on projects as needed. Discussion ensued. Mr. Lindahl explained that he and Growth Management Director Manning had discussed personnel resources and he had indicated that one person from his company would be accessible to her for constant contact for reviews when space for an office at City facilities was available. Mr. Lindahl expressed his desire to continue to work with the City and advised that more than one engineer and more than one expertise were needed, and that the City was growing and costs would not go down but would continue to rise in the future. It was agreed to revisit this issue at a later date. Mr. James Lee commented there was a lot of talent available with Pratt Whitney engineers who did not want to move. Art Advisory Committee Consensus of the City Council was to treat the Art Advisory Committee with the same rules as other advisory committees, which would require members to live within the City of Palm Beach Gardens. City Attorney Post commented that the real issue was that continuity would be lost regarding the present Board's vision for the Municipal Complex, and suggested that a special task force be appointed for a limited time only, without a residency requirement, to advise on art for the Municipal Complex, and allow the present members of the board to participate. The City Council agreed that the City Attorney's suggestion was an excellent resolution to the problem. • CITY COUNCIL WORKSHOP MEETING, 8/26/99 8 • ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was*joymey�at 1f 18 p.m. APPROVAL: RUSSO VICE Mev"R --T "TUFN FURT COUNCILMAN'DAVID CLARK COUNCILMANWARL SABATELLO ATTEST: CINDY HARVEY, DEPUTY CITY CLERK