HomeMy WebLinkAbout16. 21-176REMOVING TREES FOR STREET CONSTRUCTION AND
RECONSTRUCTION PROJECTS
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
following amendment to the Policy for Special Assessments is approved:
Page 2, Section I (A)(7)
Add:
1. Trees for Property Owners: When trees are removed for street improvement
projects, and the adjacent property owner is not otherwise compensated for the
tree removed, the City will provide, at property owner request and at City
expense, as large a tree as is possible to safely and conveniently plant in the
terrace or front yard of any property owner, to replace the tree removed during
construction; provided the owner grants the City a cost-free temporary easement
for planting the tree.
BE IT FURTHER RESOLVED that these changes shall be effective for all projects
beginning on or after the date of passage and publication of this resolution.
APRIL 13, 2021 21-176 RESOLUTION
(CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________)
PURPOSE: AMEND SPECIAL ASSESSMENT POLICY RELATIVE TO
I:\Engineering\Tracy Taylor\Memos to Mayor & Common Council\2021\Amend Special Assess
Policy-Trees for Prop Owners_4-8-21.docx
Page 1 of 1
TO: Honorable Mayor and Members of the Common Council
FROM: James Rabe, Director of Public Works
DATE: April 8, 2021
RE: Amend Special Assessment Policy Relative to Removing Trees for Street Construction and
Reconstruction Projects
BACKGROUND
Currently, the City of Oshkosh’s (City) Policy for Special Assessments addresses the replacement of trees for
properties impacted by the City’s street improvement projects. In the Street Construction and Reconstruction
Section of the Policy regarding removal of trees for these projects, the Policy states “the City will provide, at
property owner request and at City expense, as large a tree as is possible to safely and conveniently plant in the
terrace or front yard of any property owner, to replace the tree removed during construction…”
When the acquisition of right-of-way is required for a street reconstruction project, the City follows all applicable
laws relating to the acquisition of that right-of-way. Part of the calculation of the cost of the right-of-way
acquisition includes the cost of landscaping (including trees), and other improvements that have been made
within the land to be acquired.
ANALYSIS
This Policy amendment would clarify that if the property owner has been otherwise compensated by the City
for the removal of the tree, the City is not obligated to replace that tree. The Department of Public Works requests
the revision of the first sentence of Section I.A.7 to read “When trees are removed for street improvement
projects, and the adjacent property owner is not otherwise compensated for the tree removed, the City will
provide, at property owner request and at City expense, as large a tree as is possible to safely and conveniently
plant in the terrace or front yard of any property owner, to replace the tree removed during construction;
provided the owner grants the City a cost-free temporary easement for planting the tree.”
FISCAL IMPACT
This fiscal impact of this Resolution would be the cumulative reduction in overall project costs due to not
“double paying” for the removal of trees when right-of-way acquisition is required.
RECOMMENDATIONS
I recommend approval of the proposed amendment to the Special Assessment Policy.
Approved:
Mark A. Rohloff
City Manager