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HomeMy WebLinkAboutResolution No. 130-04 RESOLUTION WHEREAS, the Public Works Department believes there should be a revised sidewalk replacement policy in order to mitigate the impact of trees on the condition of public sidewalks. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the attached sidewalk replacement policy to mitigate tree impact on the condition of public sidewalks is hereby adopted. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF M CM Ch , 2004. SIDENT OF 8AID COMMON COUNCIL ATTEST: , �'�G�Y ..� DRlplx,� CITY CLE APPROVED THIS JS4-0 DAY OF G?�tC'h , 2004. • f MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res2000\Adopt.PolicySidewal k • • Policy to Address Conflict between Public Sidewalk and Trees. • City trees are a valuable resource and add to the quality of life. Care must be taken to minimize the negative impact of construction on healthy trees. City staff will minimize the impact to public and private trees caused by sidewalk repair/replacement. When policy applies: • The edge of the sidewalk is within 6" of the tree trunk or substantial root flares, and • The sidewalk, curb, or driveway has been misaligned requiring replacement or the sidewalk, curb or driveway is to be replaced for another reason. The following design standards apply: • Existing sidewalk width will not be reduced. • The new edge of the sidewalk should be 12"from the tree. • Any sidewalk realignment shall be accomplished by deviating the sidewalk alignment with transition panels, 1 transition panel (typically 5' long each) for deviations up to 1'-4", 2 transition panels for deviations of l'-4"to 2'-4", etc. Equal transition panels are required on each side of the tree. • 1 to 3 straight panels (typically 5' long each) are required at each tree between the sets of transition panels. The number of straight panels will depend on the size of the tree and the sidewalk panel layout. • If the deviation of the sidewalk is toward the street,the reduction in boulevard • width shall not exceed 25%. For example, an 8-foot wide boulevard may be reduced by up to 25% or 6 feet. • Public sidewalk may not be constructed on private property without dedicated and recorded pedestrian easements. • Sidewalk deviation shall be removed and the sidewalk placed in the normal straight alignment, at the property owners expense, within one (1) year of the date the tree is removed. The preservation of trees is important whether.the trees are boulevard trees or trees growing on the private property side of the public sidewalk. The rights and responsibilities for the public right of way and for the private property differ, therefore, the administrative approach to the tree preservation differs. 1. Private Property Tree - See Figure 1 a. Sidewalk damage inspected by Public Works and sidewalk misalignment found to be in excess of the minimum safety standards and the tree is within 6" of the sidewalk. b. Tree evaluation conducted by City Forester. i. If the approved tree is healthy and property owner agrees to sidewalk deviation plan. • Property owner is given 60-day notice to replace the sidewalk and agrees to pay for the sidewalk deviation plan. • • Property owner must sign a maintenance agreement that is recorded ID against the property for 100% of the ongoing cost of replacement of the public impacted by the private tree. • Property owner hires contractor to place the sidewalk per the deviation plan and pays all the cost of the transition panels and the • costs of the sidewalk panels marked for replacement in accordance with the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner, or • Public Works concrete crews will construct the deviation.and replace the sidewalk panels marked for replacement and the property owner pays all the cost of the transition panels and the costs of the sidewalk panels marked for replacement in accordance with the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. ii. If the approved tree is healthy and but the property owner does not agree to sidewalk deviation plan. • Property owner is given 60-day notice to replace the sidewalk and does not agree to pay for the sidewalk deviation plan. • Sidewalk will not'be deviated but will be placed in its straight alignment. • Property owner hires contractor to place the sidewalk panels marked for replacement in accordance with the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner, or • Public Works concrete crews will replace the sidewalk panels marked for replacement and the property owner pays the costs of the sidewalk panels marked for replacement in accordance with the • City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. iii. If the tree is not healthy or is not an approved species. • Property owner advised that tree removal is recommended by the City Forester. • Property owner is given 60-days to remove tree and replace affected sidewalk panels. • Sidewalk deviation will not be permitted. • If property owner does not remove tree, Public Works will replace sidewalk in the straight alignment but will not remove tree. •. Property owner will pay for sidewalk replacement per the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. 2. Boulevard tree where a sidewalk deviation clearing the tree by 12" can occur fully on the public right of way. — See Figure 2 a. Sidewalk damage inspected by Public Works and sidewalk misalignment found to be in excess of the minimum safety standards and the tree is within 6" of the sidewalk. b. Tree evaluation conducted by City Forester. i. If the approved tree is healthy, the City Fvill deviate the sidewalk per the deviation plan if the property owner agrees to pay the city for the non-transition panels. • Property owner is given 60-day notice to replace the sidewalk and • property owner agrees to pay the City for the sidewalk replacement panels and the City will pay for the transition panels. • Public Works concrete crews will construct the deviation and replace the sidewalk panels marked for replacement and the property owner pays only the cost of the sidewalk panels marked for replacement in accordance with the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. H. If the approved tree is healthy, the City will allow the deviation of the sidewalk per the deviation plan but the property owner does not wish the City crews to construct the sidewalk. • Property owner is given 60-day notice to replace the sidewalk. • Property owner hires contractor to place the sidewalk per the deviation plan and pays all the cost of the transition panels and the costs of the sidewalk panels marked for replacement in accordance with the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. iv. If the tree is not healthy or is not an approved species. • The City will remove the tree and stump. • Sidewalk deviation will not be permitted. • Property owner will pay for sidewalk replacement per the City's sidewalk replacement policy. The full cost of sidewalk replacement • is the responsibility of the property owner. 3. Boulevard tree where a sidewalk deviation clearing the tree by 12" cannot occur fully on the public right of way. See Figure 3. a. Sidewalk damage inspected by Public Works and sidewalk misalignment found to be in excess of the minimum safety standards and the tree is within 6" of the sidewalk. b. Tree evaluation conducted by City Forester. i. If the approved tree is healthy, the City will deviate the sidewalk per the deviation plan if the property owner agrees to pay the city for the non-transition panels and dedicate pedestrian easement. • Property owner is given 60-day notice to replace the sidewalk and property owner agrees to pay the City for the sidewalk replacement panels and the property owner agrees to dedicate pedestrian easement and the City will pay for the transition panels. • Public Works concrete crews will construct the deviation and replace the sidewalk panels marked for replacement and the property owner pays only the cost of the sidewalk panels marked for replacement in accordance with the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. ii. if the approved tree is healthy, the City will allow the deviation of the sidewalk per the deviation plan but the property owner does not wish • the City crews to construct the sidewalk but will provide the pedestrian easement. 0 Property owner is given 60-day notice to replace the sidewalk. • Property owner dedicates to the City with a pedestrian easement and then hires contractor to place the sidewalk per the deviation plan and • pays all the cost of the transition panels and the costs of the sidewalk panels marked for replacement in accordance with the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. iii. If the approved tree is healthy, the City will allow the deviation of the sidewalk per the deviation plan but the property owner does not wish to dedicate the pedestrian easement. • Property owner is given 60-day notice to replace the sidewalk. • Sidewalk deviation will not be permitted. • The tree will not be removed until City Forester determines that the tree is no long adequately healthy to remain and then the tree will be removed by the City. • Property owner will pay for sidewalk replacement per the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. iv. If the tree is not healthy or is not an approved species. • The City will remove the tree and stump. • Sidewalk deviation will not be permitted. • Property owner will pay for sidewalk replacement per the City's sidewalk replacement policy. The full cost of sidewalk replacement is the responsibility of the property owner. 4. Boulevard tree where driveway apron narrowing can clear the tree by 12". • a. Driveway damage is not normally inspected by Public Works but initiated by the property owner. b. Tree evaluation conducted by City Forester. ii. If the approved tree is healthy, the Ciy will allow narrowing of the driveway by the property owner. • The city will allow the*narrowing of the driveway at the property owner's expense. ii. If the approved tree is healthy, but the property owner does not wish narrow the driveway. • The property owner will pay for all costs related to replacement/repair of the driveway. iii. If the tree is not adequately healthy or is not an approved species. • The City will remove the tree and stump. • The property owner will pay for all costs related to replacement/repair of the driveway. 5. Boulevard tree are damaging the curb. a. Curbs will not be deviated. b. City will remove tree and stump. c. Curb and gutter replacement and assessment will be in accordance with standard policy for curb replacement. I, • FIGURE 1 r 0 > o m 0 G] b -........._..........`....._......._...-.............. .....-.-....-...._ .__ _.._ _.•-. i "� '--.-....................... .-.._...-__.._...__• _.... ...... 1 , R R ! R T T R T '.._ T PROPERTY I i - .. --N`____.... __.............. . _.._. LINE -...............__._.._.._...._. "R"=REPLACEMENT PANELS "T"=TRANSITION PANELS PRIVATE PROPERTY TREE IS WITHIN 6" OF SIDEWALK O PUBLiC WORKS MARKS DAMAGED SIDEWALK PANELS FOR REPLACEMENT O PARK DEPARTMENT ASKED TO DETERMINE IF TREE IS HEALTHY O PUBLIC WORKS INFORMS PROPERTY OWNER: SCENARIO 1 TREE TO BE PRESERVED.WALK TO BE ROUTED AROUND TREE AT PROPERTY OWNER'S EXPENSE. SCENARIO 2 TREE IS HEALTHY BUT PROPERTY OWNER WILL NOT PAY THE EXTRA COST FOR SIDEWALK DEVIATION.TREE REMAINS. SIDEWALK IS NOT ROUTED AROUND TREE. FUTURE REMOVAL OF TREE IS PROPERTY OWNERS EXPENSE. SCENARIO 3 TREE NOT TO BE PRESERVED, WALK IS NOT TO BE ROUTED AROUND TREE. TREE SHOULD BE REMOVED AND WALK REPLACED. PROPERTY OWNER WOULD MAKE ARRANGEMENTS FOR TREE REMOVAL PRIOR TO WALK REPLACEMENT. FIGURE 2 BOULEVARD TREE IS WITHIN 6" OF SIDEWALK O PUBLIC WORKS MARKS DAMAGED SIDEWALK PANELS FOR REPLACEMENT O PARK DEPARTMENT ASKED TO DETERMINE IF TREE WARRANTS WALK RELOCATION IN ORDER TO PRESERVE THE TREE O PUBLIC WORKS INFORMS PROPERTY OWNER: SCENARIO 1 TREE TO BE.PRESERVED. PROPERTY OWNER AGREES TO HAVE CITY CREWS RECONSTRUCT SIDEWALK. PROPERTY OWNER PAYS FOR REPLACEMANT PANELS: CITY PAYS FOR TRANSITION PANELS. SCENARIO 2 TREE TO BE PRESERVED. PROPERTY OWNER UNWILLING TO GIVE CITY APPROVAL TO REPLACE WALK WITH CITY CREWS. SIDEWALK IS DEVIATED ON PUBLIC RIGHT OF WAY BY PROPERTY OWNER HIRED CONTRACTOR. SCENARIO 3 TREE TOO POOR CONDITION AND DETERMINED TO NOT BE PRESERVED. CITY REMOVES TREE AT CITY EXPENSE AND WALK REPLACED AT PROPERTY OWNERS EXPENSE. "R"=REPLACEMENT PANELS "T"=TRANSITION PANELS L o m m o i� I I R R i ' T i T R I.. T T ; i R I I .__ LINE _. ... _ - ._.__ _. ... i PEDESTRIAN EASEMENT j NOT REQUIRED. ......................_.._...................................._...._..._......._..........I A , y FIGURE 3 BOULEVARD TREE IS WITHIN 6" OF SIDEWALK O PUBLIC WORKS MARKS DAMAGED SIDEWALK PANELS FOR REPLACEMENT O PARK DEPARTMENT ASKED TO DETERMINE IF TREE WARRANTS WALK RELOCATION IN ORDER TO PRESERVE THE TREE O PUBLIC WORKS INFORMS PROPERTY OWNER: SCENARIO 1 TREE TO BE PRESERVED. PROPERTY OWNER AGREES TO DEDICATE PEDESTRIAN EASEMENT FOR RELOCATION OF THE WALK ONTO PRIVATE PROPERTY AND AGREES TO HAVE CITY CREWS REPLACE WALK.WALK IS ROUTED AROUND THE TREE.THE PROPERTY OWNER PAYS FOR REPLACEMENT PANELS; CITY PAYS FOR TRANSITION PANELS. SCENARIO 2 TREE TO BE PRESERVED. PROPERTY OWNER AGREES TO DEDICATE PEDESTRIAN EASEMENT BUT IS NOT WILLING TO HAVE CITY CREWS DO SIDEWALK REPLACEMENT. WALK IS ROUTED AROUND TREE. PROPERTY OWNER PAYS ALL SIDEWALK COSTS. SCENARIO 3 TREE TO BE PRESERVED. PROPERTY OWNER UNWILLING TO DEDICATE PEDISTRIAN EASEMENT FOR RELOCATION OF THE WALK ONTO PRIVATE PROPERTY.TREE WILL BE REMOVED AT CITY EXPENSE WHEN PARK DEPARTMENT DEFINES.WALK IS REPLACED ON PUBLIC PROPERTY BOULEVARD AT PROPERTY OWNERS EXPENSE. lei SCENARIO 4 TREE TOO POOR CONDITION AND DETERMINED TO NOT BE PRESERVED.CITY REMOVES TREE AT CITY EXPENSE AND WALK REPLACED AT PROPERTY OWNER'S EXPENSE. ....................... ........................ o j © m s ... .................... R R T i T T i R R T PROPERTY ._...._....---._.�_-- !_.._._._.._..__...._1..._—......----` LINE _..�.,. _..._ _.. ...... PEDESTRIAN EASEMENT REQUIRED "R"=REPLACEMENT PANELS "T"=TRANSITION PANELS SUMMARY OF POLICY CONFLICT OF SIDEWALK & TREES TREE WITHIN 6"OF WALK NOTES: YES NO *THIS FLOW CHART APPLIES TO TREES WITHIN 6"OF WALK PRNO SIDEWALK•REROUTE:', OPERTY OWNER REPLACES *SIDEWALK MUST NEED REPAIR TREE SIDEWALK PANFI DESIRABLE *TREE MUST BE APPROPRIATE SPECIES SPECIES AND *TREE MUST BE HEALTHY HEALTHY *OWNER MUST AGREE TO PLAN *OWNER MUST DEDICATE EASEMENT IF NEEDED YES NO *CITY COST TO BE STAFF TIME AND MATERIALS/ NO DIRECT PAYMENT TO OWNER OR THEIR CONTRACTORS _„NO SIDEWALK.REROUTE' PROPERTY OWNER REPLACES TREE SIDEWALK.PANELS LOCATION PRIVATE PROPERTY TREE BOULEVARD TREE YES YES DOES SIDEWALK SIDEWALK REROUTE REROUTE PLAN REQUIRE ALLOWED EASEMENT? PROPERTY OWNER PROPERTY OWNER DOES • AGREES TO PLAN NOT AGREE TO PLAN FTREEIF NO REROUTE BUILT S TO REMOVE NO;;SIDEVVACK REROUTE S PROPERTY OWNER REPLACESS TO STRAIGHTEN tv: SIDEWALK PANELSREE IS REMOVED fOWNER PAYS FOR ALL SIDEWALK TRANSITION AND REPLACEMENT PANELS' YES NO OWNER DEDICATES OWNER EASEMENT HAS CITY CREWS DO WORK YES NO NO NO;SIDEWALK;REROUTE,.;' REROUTE CONSTRUCTED REROUTE MAY BE CONSTRUCTED PROPERTY,OWNER REPLACES pWNER PAYS FOR AT OWNERS OPTION OWNER SIDEWALK PANELS:;. HAS CITY REPLACEMENT PANELS OWNER PAYS FOR ALL SIDEWALK CREWS DO CITY DOES NOT CHARGE TRANSITION AND REPLACEMENT PANELS WORK FOR TRANSITION PANELS YES NO REROUTE CONSTRUCTED REROUTE CONSTRUCTED OWNER PAYS FOR OWNER PAYS FOR ALL SIDEWALK REPLACEMENT PANELS TRANSITION AND REPLACEMENT PANELS CITY DOES NOT CHARGE FOR TRANSITION PANELS