B-08 Fulker Backup.pdf — original pdf

Backup

Request to Sustain the Environmental Commission’s decision on the removal of a Cottonwood tree (allow removal) 20” Tree Located in the Right of Way on Crown Ct, Austin TX 1 INTENDED PURPOSE: • To communicate and demonstrate the serious issues that this tree causes to the City and adjacent property owners of Crown Ct. • To demonstrate that removal of this tree is necessary and warranted. • To seek a sustainment of the Environmental Commission’s modified opinion on the removal of this 20” Cottonwood tree. 2 20” 3 Background Information on Cottonwood Trees • It is well documented that cottonwood trees are problematic trees that are not well suited for urban environments. • Their roots are known to damage pipes and other infrastructure. • Their “cotton fuzz” seeds are a serious fire hazard and nuisance for municipalities and property owners. • Hundreds, if not thousands, of municipalities in the US have banned these trees for the above reasons. 4 “The Dirt Doctor” Article on Cottonwood Trees: • The author, Howard Garret is: • Nationally syndicated Organic Gardening talk show host • Arborist and specialist in natural organic tree care • Columnist for the Dallas Morning News • Author of 15 books on organic gardening, landscaping and pest control • Chairman of Texas Organic Research Center (TORC) • Organic Advisory Board Texas Department of Agriculture • https://www.dirtdoctor.com/garden/Cottonwood_vq924.htm 5 The Dirt Doctor – Cottonwood Trees • FINAL SPACING: Do not plant • IDENTIFICATION INFORMATION: Cottonwood is a very fast growing, upright messy tree. It sends out cotton all over the place in the spring, has brittle wood and it has large limbs. Its root system is extremely shallow, ravenous and destructive. It normally will have quite a bit of dead wood in the tree. • PROBLEMS: Cottonwood is short lived, has a destructive root system and the cottony seed from the female plant is a nuisance and damaging to electrical appliances. Stressed trees are commonly attacked by borers. The root system is susceptible to cotton root rot and other root diseases. This is a dangerous tree because large limbs or the entire tree can fall on cars, structures and even people. This is one tree that should be removed from most residential property. 6 Southern Living Article on Cottonwoods: • 6 Trees You Should Never, Ever Plant • Terrible Tree #4 -- Eastern Cottonwood (Populus deltoides) • What's wrong with it: Extremely messy, very weedy, breaks up in storms, short-lived, very prone to insects and diseases, roots crack pavement and invade water lines. • Comment: As with hackberry, most people saddled with this garbage tree live with it because no other trees will grow there. I can't think of a messier tree. In addition to the sticks, twigs, broken branches, and leaves that shower down almost every day, it also blankets the yard around it in early summer with cottony seeds -- hence, the name "cottonwood." The cotton rolls up into lumpy pillows of foam that roll across the ground and pile up against houses, walls, and fences. The only good use for this nasty tree is as firewood. Burn one today! • https://www.southernliving.com/garden/grumpy-gardener/6-trees-you-should-never-ever-plant 7 Trees That Can Be Planted Over Water Pipes By Angela Ryczkowski Updated December 14, 2018 • Trees are usually prized elements in a landscape, but a sprawling root system may sometimes pose a threat to sidewalks, buried utilities and other features, including water pipes. Most sound pipes are able to withstand some amount of contact with tree roots. However, roots may penetrate or damage water pipes when the pipes are perforated drain pipes or are old, or the tree has a particularly strong, aggressive root system. Choosing a suitable tree species or cultivar and preparing the site well helps to protect water pipes. • Trees to Avoid • Certain trees should never be planted near water lines, as they are often fast-growing with particularly aggressive roots. Many species in the Acer (maple) genus, Populus species, ashes, sycamore, several oaks, willows, basswood, tuliptree, elms, birches, mulberry, figs, large eucalyptus and beeches are unsuitable for planting near water pipes and other underground or surface structures. • Cottonwood Trees are in the Populus species • https://homeguides.sfgate.com/trees-can-planted-over-water-pipes-28358.html 8 Zillow Article on Cottonwood Trees: Don't Plant These Trees in Your Urban Yard By Mary Boone on 8 May 2013 While it’s true that many trees can add beauty, privacy and shade to your property, others have the potential to wreak havoc thanks to invasive root systems, prickly thorns, messy fruit or weak branches. Choosing the best tree for your urban backyard is a tough decision. Make a bad choice, and remorse will be yours for years to come. • When you’re thinking about the perfect tree for your urban lawn, here are a few that you probably should avoid: • Cottonwood (Populus) • These trees are generally so weak and unstable that even mild storms can cause branch failures. While the trees’ invasive root systems and branch shedding habits can be beneficial in rural and forested settings, they’re not a great choice in urban areas. Their size is often overwhelming, they give off a urine-like scent, and their fast-spreading root systems can crack foundations and sidewalks. Cottonwood trees have been banned from planting within many U.S. neighborhoods and cities because the “cotton” from them clogs filters and is generally untidy. • https://www.zillow.com/blog/dont-plant-these-trees-in-your-urban-yard-118479/ 9 What Complications Arise from Cottonwood Trees? Joshua Wilke | July 1, 2019 Cottonwoods are a trouble-making tree for many reasons. They have those irritating seeds that float into every nook and cranny, and sticky buds that fall off everywhere. These buds are troublesome to get off of cars and will stain carpets yellow if tracked inside. Even though they can practically grow all over the United States and in many environments, cottonwoods are not as resilient as they seem. They are a fast-growing species. In fact, they are the fastest growing trees in North America, growing 6 feet or more in height per year. This puts them at risk for having weaker, more porous wood than other types of trees. They have a propensity to be penetrated by infestations, to rot, and to break more easily. Because their weak wood is more likely than other trees to be diseased, rotten, or bug infested, they are more likely to die, break, and fall. The summer season is especially dangerous as it is a time when cottonwoods are growing too fast for their own good, thus making them more vulnerable to breakage. Because they grow so easily and quickly in many places, their root systems are likely to spread where they shouldn’t and tear underground things, like pipes, apart. They also are a major culprit in the destruction of wetlands and retaining ponds. https://www.skyhightreeremoval.com/2019/07/01/what-complications-arise-from-cottonwood-trees/ 10 Are Cottonwood Trees Illegal to Plant In Denver? by Jon Cook / October 1, 2018 / Tree Maintenance This may surprise you, but cottonwoods have been outlawed in much of the Denver metro area for the greater part of the past ten years. So, why is it illegal to plant cottonwoods in Denver? Because they are a massive and invasive tree species, and they have a habit of wanting to share your living space and even your utilities. Cottonwoods are part of the populus tree species, the same species family as aspens. If you’re familiar at all with aspens, then you know that an entire mountainside of aspens may, in fact, be only one tree that branched out, sprouted up, and continued growing. It’s because aspens and cottonwoods are highly invasive in their surrounding areas. While some trees have a taproot (one main root that grows straight down), cottonwoods and aspens grow a wide range of roots that have a voracious appetite for water. This all sounds well and good until someone plants a cottonwood tree in a front yard less than 20 feet away from the main water supply. Within a matter of years, a normal cottonwood will quickly find and break into the water supply ductwork. This means massive cleanup on the behalf of the homeowner, not to mention the financial cost of repairs and the hassle of a messy front yard. And, it can get worse, because it’s not just incoming water sources that cottonwoods love. They search for any ‘liquid’, water-type source, so your outgoing sewer line is often just as easily the victim of thirsty cottonwoods. That’s when you end up in deep ‘stuff’, as well as having the same type of problem as before but with a horrible smell. Cottonwoods also have incredibly strong root systems, which serves them well for longevity and poses another threat to homeowners. Cottonwoods planted too close to structures, namely basement walls and garage foundations, will break through the concrete walls over time. You may love having a big basement, but no basement is meant to have a cottonwood as a live-in guest. This is why cottonwood trees are largely illegal to plant in the Denver metro area. Homeowners, HOAs, city officials, and repair crews are tired of cleaning up after cottonwoods. However, if you have a significant amount of property, you may still consider planting a cottonwood. We highly recommend checking with your local forestry service, HOA, and/or city authorities to see if cottonwoods are permissible for new plants. https://fieldingtreeandshrubcare.com/homeowners-guide-taking-care-cottonwood-trees-denver/ 11 Municipalities identified that have banned Cottonwood Trees: (Not an exhaustive list) • Franklin, WI • Mukwonago, WI • Reno, NV - ROW banned • Clinton, IA - ROW banned • Madison,WI • Denver,CO • Windsor, CO • Lone Tree, CO • Oklahoma City, OK • Winnemucca, NV • Albuquerque, NM • Beloit, WI 12 Municipalities that have banned Cottonwood Trees (Cont’d): • Madison,WI - Madison ordinance number 23.27: "Cotton bearing poplar trees restricted. No person shall sell or plant any female cotton bearing tree of the poplar family commonly called the Eastern Cottonwood, Populus deltoides, and the White Poplar, Populus alba, within the boundaries of the City of Madison.“ • Windsor, CO - Charter and Municipal Code, Chapter 7 - Health, Sanitation and Animals, Article IV - Trees, Section 7-4-10. - Cotton-bearing cottonwood trees. (a) It shall be unlawful for any person to sell, plant, transplant, keep or maintain any cotton- bearing cottonwood trees in the Town. (c) For purposes of the enforcement of the ordinance codified herein, the Town declares cotton- bearing cottonwood trees to be a nuisance and subject to the provisions of this Code with regard to the abatement of nuisances. 16 Municipalities that have banned Cottonwood Trees (Cont’d): • Oklahoma City, OK - ordinance chapter 53 - Trees & Shrubs, 53-5 - Certain Trees Prohibited "No person shall plant or permit the planting of black locust, seed- bearing female cottonwood, or any other tree condemned by the Director of Parks and Recreation for the purpose of protecting the public health or to prevent destruction of other plants by spread of disease. The male non-seed-bearing cottonwood tree is specifically excepted from the provisions of this section. The Director shall prepare a list of condemned trees and file it with the City Clerk. " 17 Texas Municipalities that have exempted Cottonwood Trees from protection: • Coppell - means any living tree species, six inches DBH or larger, which is not on the "unprotected tree list" that shall be subject to the preservation, protection, and replanting requirements of article 34, division 2. • Duncanville - any tree having a caliper of six inches or more that is not one of the following: mesquite, bois d'arc, thorny honey locust, hackberry, cottonwood, cedar, china-berry (common), native black willow, and native red/white mulberry. 18 Texas Municipalities that have exempted Cottonwood Trees from protection: • Frisco - trees that meet one of the following requirements and determined to be healthy by the Director of Planning or his/her designee: Any tree eight (8") inches or larger in diameter when measured at a point four and one-half feet (4’ 6”) above the ground level and which normally attains a height of at least twelve (12’) feet at maturity, and located within the Protected Area; A tree(s) 20.1 caliper inches and larger; A Stand of Trees. The following trees shall not be included in the above definition of Protected Trees: Silver Leaf Maple, Sugarberry, Honey Locust, Bois d’ Arc, Mimosa, Mulberry, White Poplar, Cottonwood, Mesquite, and Willow. 19 Texas Municipalities that have exempted Cottonwood Trees from protection: • Helotes - trees having a nominal caliper of 12 inches or, if branched below four and one-half feet, measured at the narrowest trunk segment between the lowest branch and the natural grade. All species of woody plants attaining a mature height over 15 feet and meeting the nominal caliper of 12 inches requirement are "mature trees" for the purposes of this article, except those listed immediately hereafter as not protected. The following genus or species are not protected: Ash juniper, Cottonwood, Sycamore, Hackberry, Mulberry, Chinaberry, Boxelder, Chinese Tallow, Mesquite, and Huisache. 20 Texas Municipalities that have exempted Cottonwood Trees from protection: • Rowlett - means a tree the trunk of which has a DBH of eight inches (approximate 25-inch circumference), that is not one of the following trees: Tree of Heaven, Mimosa or Silk tree, Sugarberry, Horse apple/Bois D'Arc, Chinaberry, Black Willow, Chinese Tallow, Siberian Elm, Cotton Wood, Hackberry (11-inch DBH or smaller), Lotus (Buckthorn Family). • Many other Texas municipalities have tree protection ordinances that have lists of “protected” species or lists of “unprotected” species. Cottonwoods are typically not protected due to the issues they cause and their lack of deisrability. 21 FACTS related to Cottonwood Trees: • Fast-growing, brittle wood, prone to rot and decay. Entire trees and large branches are prone to fall. • Aggressive roots destroy City water mains and property owners’ water pipes. • Cotton Fuzz – excessive amounts of fuzz are produced and blanket adjacent properties. The fuzz is an extreme fire hazard, clogs A/C units, and is otherwise a general nuisance that prevents the reasonable use of property. • The City of Austin and adjacent property owners in Crown Ct have all of these problems with the subject tree. 22 DAMAGE TO CITY PIPES: • Michael Alvis, from Austin Water, provided repair details for water main repairs from 2000-2020. The City of Austin incurred over $61,000 in water main repairs in the last 20 years due to these trees. • The work order dates indicate that as many as 8 repairs have been done in the last 20 years on the water main. • Urban Forester has been provided this data directly from Mr. Alvis. 23 Work Order # Activity Asset Type Completed Subtotal Contractor Cost Labor Cost Material Cost Tool Cost Vehicle Cost Extra Item Cost 1748401 FHY19 Water Hydrant 9/26/2016 1878898 WM09 Water Main 5/22/2018 1777.5905 869.2725 367.028 1314160 FHY09 Water Hydrant 1566622 WS09 Water Service Line 1567213 CS35 Water Service Line 157307 WS09 Water Service Line 1726384 MBX11 Water Meter 1727276 MTR11 Water Meter 1727277 MTR11 Water Meter 1879015 CS11 1879018 WS09 Water Service Line 2012255 FHY19 Water Hydrant 34467 SBCCO Water Meter 206766 WS09 206799 CS34 234772 WS09 561979 WS09 561987 CS30 745080 WS09 982023 WS09 Water Service Line Water Service Line Water Service Line Water Service Line Water Service Line Water Service Line 6/26/2013 2/23/2015 2/26/2015 9/2/2003 2/2/2016 3/1/2016 3/1/2016 5/23/2018 5/22/2018 8/20/2020 7/30/2004 8/3/2004 2/25/2005 2/11/2000 6/21/2009 7/17/2009 8/20/2010 349.48 1505.22 184.43 2412.63 154.51 214.42 214.42 21.78 31.8718 843.115 38.9005 550.74 284.17 2234.64 112.15 8562.29 43.61 2462.42 767.37 $24,173.95 $36,000.00 $61,845.39 Total Street Cut Estimated Totals Combined totals 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1670 1649.2 7188.3 1466 147.71 676.58 49.18 396.32 47.75 7.62 7.62 18.44 19.5075 230.61 17.5285 305.19 75.06 248.75 72.74 639.95 12.91 484.45 469.99 76.77 470.12 10 75.56 128.32 128.32 1.5 0 0 367.62 2.43 65.2 63.24 115.67 12.11 219.86 28.8 119.4 113.44 119.92 354.61 125.25 270.75 106.76 78.48 78.48 1.45 532.55 12.35 238.445 18.85 177.66 145.87 221.02 27.3 424.27 1.9 228.35 167.91 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1879019 WS17 Water Service Line 5/22/2018 1408.1931 557.3075 611.9806 238.445 Water Service Line 10/17/2011 5.08 3.91 0 0 0 0 0 0 0 0 0 0.39 8.74 0.0143 6.44 0.092 2.69 89.91 164.22 16.03 0.46 24 25 6 other Cul-De-Sacs on same Street • None of the 6 other Cul-de-Sacs have incurred any water main repairs in 20 years. - $0.00 infrastructure. • All Cul-de-sacs have identical infrastructure and age as Crown Ct’s • Cottonwood trees are known to damage pipes 26 20” Cottonwood Tree and Water Main • Base of tree is within feet of the street pavement. • Street cuts from water main repairs are at the tree. • Street cuts directly adjacent to this tree indicate that this tree is at least responsible for some of the damage to the water mains. 27 Street cuts at base of tree 28 34” Tree and 20” Tree damaging property owner’s pipes • Property owner provided repair invoices and pictures of pipe damage caused by these trees and their roots • Large roots from both trees are on my water line. Both have caused damage to my pipes. • Urban Forester was immediately dismissive of these facts. • Made decisions and assertions without ever visiting or inspecting the situation. • Made false statements about tree roots and water pipes. • Refused to assist me with my problems. 29 30 Lisa states that I am not even allowed to cut the roots that are damaging my pipes. Please note her statement that cottonwood trees are prone to decay when the roots are cut. 31 34” Tree and 20” Tree damaging property owner’s pipes • Urban Forester refuses to acknowledge issues with pipes. • Urban Forester states that I am not allowed to cut the roots damaging my pipes decision. • Urban Forester refuses to acknowledge my request to appeal her • What rights do property owners have in this process? 32 34” Tree – roots visibly bending water valves on the surface. Urban Forester refused to acknowledge this fact. 33 Root was excavated by Austin Water – Roots are clearly destroying pipes. 34 35 36 Large root from 20” Cottonwood tree over my water main. Has previously caused damage to my pipes. Yellow line indicates approximate location of water line. 37 City Council Intervention • Property owner had to seek assistance from Austin Water, the City Council, and City legal department. • Urban Forester refused to acknowledge my request for an appeal. • After city council involvement, Urban Forester reluctantly agreed to re-assess my situation. 38 39 Criteria Warranting Removal of the trees. • Urban Forrester agreed to remove the 34” tree but not the 20” tree. • No documentation or explanation given to support their decision, except for one vague e-mail. tree. • The same criteria can and should be used to justify and remove the 20” • Two arborists, Lisa Killander and John Robinson, inspected the trees and were on-site for about an hour. Almost no information was documented, and no risk assessment was recorded. • The Urban Forester has no listed criteria for what warrants removal and does not document their work or justify their decisions in any way. 40 URBAN FORESTER’S CRITERIA TO REMOVE TREE • Urban Forester stated that the cost to relocate the water main exceeds the value of the 34” tree. • This is also true for the 20” tree. • Both trees have caused damage and will continue to cause damage to my pipes. • Lisa inquired with Mr. Alvis at Austin Water and was told that this 20” tree will most likely continue to cause me problems. This wasn’t persuasive to the Urban Forester’s decision. 41 Lisa asks Mike Alvis of Austin Water about the 20” tree affecting my pipes 42 Mike Alvis replies that he feels the tree will continue to affect my waterline 43 COST TO RELOCATE WATER METER • Michael Alvis from Austin water provided costs to relocate the water meters affected by the trees. This only reflects the cost to the City and does not include the thousands of dollars that the property owners would also have to pay for their waterlines. • 13213 Villa Park. Dr. • Relocate service = $2k • Street cut = $6K • • Abandon Existing Service @ main = $1K • Street cut = $6K • • 8802 Crown Ct. • Relocate service = $2K • Street Cut - $6K • • Total estimate = $23K 44 The Austin Environmental Criteria Manual – Section 3.5.4 states how to value a Tree A standard formula of one caliper inch of replacement value is equivalent to $200.00, or $75 for certified affordable developments and placed into the UFRF. (NOTE: This option is not intended to facilitate the excessive removal of trees.) Trees have varying values based upon numerous tree and site conditions (see ECM 3.5.1). The following mitigation rates apply for medium valued trees; however the City Arborist may raise or reduce these rates for high or low valued trees: • greater than 19 inches diameter and located in Appendix F - 100% 20” x $200.00 x 100% = $4,000.00 45 20” Tree Value Vs Meter Costs • The 20” tree does not appear to be affecting my neighbor’s water-line but its roots have damaged my pipes and will continue to do so. • The cost on the City to relocate just my water main is $15k. This exceeds the tree’s value of $4k by more than 300%. The costs to the city alone warrants removal of this tree. • This is the exact same criteria used by the Urban Forester to warrant removal of the 34” tree. all trees and not just one. • I request that the same criteria used to warrant removal be applied to 46 PROBLEMS RELATED TO “COTTON FUZZ” • The subject tree is a large female cottonwood tree. • This tree produces prolific amounts of seeds (“Cotton Fuzz”) from mid-March to mid-July (over 4 months). • The fuzz inundates the adjacent properties clogging A/C units and creating a serious fire hazard. • Daily cleaning (for 4 months) is necessary just to keep my breaker box and A/C unit cleaned. • Cleaning this fuzz from my entire ¼ acre lot is impractical and would require several hours each day to maintain. 47 WIND DIRECTION IN AUSTIN, TX • The predominant average hourly wind direction at Austin-Bergstrom International Airport varies throughout the year. • The wind is most often from the south for 10 months, from February 3 to December 8, with a peak percentage of 77% on July 13. • The Wind in Austin is predominantly from the south when the Fuzz is present. These trees are all south of my property. • The wind deposits a lot of this fuzz onto my property and clogs my A/C unit. 48 WIND DIRECTION A/C Unit 20” 49 THE FUZZ IS A SERIOUS FIRE HAZARD Please see the linked videos for information on the serious fire hazard these trees present for property owners: Please note the amount of fuzz in the air and on the ground https://www.coloradoan.com/story/news/2016/06/23/fluffy-gasoline-raises- fort-collins-fire-concerns/86281998/ https://www.youtube.com/watch?v=bIHvPxQF1Ng https://www.youtube.com/watch?v=UXsVTlQW57k 50 NEIGHBORS SENT MUTLIPLE E-MAILS TO SHARE THEIR CONCERNS TO THE CITY: • Over the last 18 months multiple e-mails have been sent by Renee Houseman and Krenda Rodis regarding members of the Crown Ct cul-de- sac. • On July 9, 2020, both Krenda and Renee sent e-mails to City personnel falsely accusing neighbors of poisoning the trees in the cul-de-sac. • These false accusations caused the City to open an investigation on the accused neighbors. A City employee with a badge questioned the accused and stated that this could be a felony or misdemeanor charge if true. • The investigation was not documented by City personnel, but it was stated that no evidence of poisoning was uncovered. 51 52 53 54 55 56 SUMMARY OF TREE ISSUES: • Roots from trees have damaged city infrastructure exceeding $61,000 in repairs. Future damage is also likely. • Roots of the 20” tree have damaged my pipes and will continue to do so. • The cost to relocate the pipes is high and exceeds the value of the trees, thus warranting removal. • The fuzz from the tree is excessive, a nuisance, clogs appliances, and is a serious fire hazard. • Unfortunately, the only cost-effective way to alleviate all of these problems is to remove the tree. 57 THANK YOU! • I would like to thank the Planning Commission for their time and consideration with this matter. • I like trees and do not take their removal lightly. I feel there is no other cost-effective way to mitigate the multitude of problems this tree causes. • Please understand that I put a lot of time and effort into communicating my situation and having these serious issues addressed. I would not have done so if these issues were not real or serious concerns for me. 58