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Steven W. Lee <br /> Page3 <br /> 2. The fee paid by the developer for street trees in arterial or collector streets <br /> is 25% more per tree in anticipation that the City would plant larger trees <br /> (presumably 2" caliper rather than 1 W caliper). However, the actual <br /> de cision regarding the planting is left to the discretion of the Urban Forrester, <br /> who, on more than one occasion, has determined that the smaller trees <br /> should be planted, apparently based upon survival rate and adaptability. <br /> Assuming this is true, the efforts of the Urban Forrester should be <br /> applauded. This does- not, however, change the fact that the fees paid by <br /> the developer are not truly reflective of the costs to the City. <br /> In my opinion, the City has a duty to reimburse developers who have paid fees in <br /> excess of actual costs, and could be held liable for the excess if reimbursement is not <br /> made. It was clearly not the intent of the City to profit from fees received for the purchase, <br /> planting and maintenance of street trees, as demonstrated by the Administrative Rule <br /> tself. <br /> The fee schedule implies that the City has determined the cost to be $330.00 <br /> ($300.00 + 1 O% mortality rate) per tree and $440.00 ($400.00 + 10% mortality rate) for the <br /> larger caliper trees. While the initial fee paid to the City may be appropriate, a <br /> reimbursement program should be instituted when the actual number (andlor size) of trees <br /> planted is less than anticipated under the formula. <br /> If you have any questions, feel free to can me. <br />