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0 o <br /> EUGENE 9/29/2004 <br /> Parks and Larry E. Reed <br /> Open Space Director of Planning and Development <br /> Arlie & Company <br /> a division of Public Works 722 Country Club Road <br /> 1820 Roosevelt Blvd. <br /> Eugene, Oregon 97402 Eugene, OR 97401 <br /> (541) 6824800 Dear Mr. Reed, <br /> (541) 682 -4882 Fax <br /> www.ci.eugene.or.us/pw /parks <br /> Thank you for your letter of September 15 which responded to my comments on the <br /> revised Plan (narrative) portion of the Street Tree Agreement application we received <br /> from you September 3` I' 11 try to respond to each of the questions or points you <br /> made. <br /> In your letter, you commented that you assumed I have the authority to negotiate a <br /> Street Tree Plan Agreement. You went on to state Arlie & Company's unwillingness <br /> to eliminate from the agreement 1) the paragraph on page 6 saying the City is <br /> responsible for replacing any existing trees on Crescent Avenue damaged during <br /> sidewalk construction; and 2) the sentence on page 8 that says the number of trees will <br /> Parks and Open not exceed the number shown on the approved plans (PUD and PEPI). Finally, you <br /> Space Planning said that I did not respond to the Design Team's original idea about the sidewalk on <br /> Crescent Avenue meandering within the Public Utility Easement (PUE) behind the <br /> Parks Maintenance proposed sidewalk, and you asked me if I had met with appropriate city staff to <br /> Urban Forestry discuss this issue. <br /> Wetlands and Open • First, in regard to the review and approval authority for street tree agreements, <br /> Waterways here is an excerpt from the Administrative Rule: <br /> R 7.280 - C Street Tree Plan - Application. <br /> 1. An application for approval of a Street Tree Plan ( "Plan ") shall be submitted to the <br /> City, together with the application processing and review fees established by the City <br /> Manager pursuant to Section 2.020 of the Eugene Code, 1971. The City's Urban <br /> Forester shall review the Plan and approve or deny the application based on the Plan's <br /> compliance with the requirements and standards established in these rules. <br /> • Next, about the existing trees on Crescent Avenue -- the City is responsible <br /> for maintenance of these street trees, and tree maintenance staff have recently <br /> removed the ten declining trees identified on the PEPI plans approved August <br /> 26 The City is also responsible for maintenance and protection of the <br /> remaining existing trees. Fencing and protecting street trees while working in <br /> the right -of -way are standard City of Eugene requirements. As detailed in <br /> section 4.05F of the City's Public Improvement Design Standards Manual <br /> (Other Permits), "Any street tree removed by construction within the street <br /> right -of -way shall be replaced within the right -of -way at a location approved <br /> by the city with a tree of similar value." If the City were constructing this <br /> sidewalk and trees needed to be removed in order to do so, we would require <br /> ourselves to replace the trees, just as we require permittees to do so in <br /> privately engineered projects. The PEPI plans approved August 26 address <br /> this issue. <br /> ll l,i■i <br />