City of Milwaukee - File #: 181652

• File #: 181652
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 2/8/2019
• In control: HISTORIC PRESERVATION COMMISSION
• Final action: 4/1/2019
• Title: Resolution relating to a Certificate of Appropriateness for the removal of four horse chestnut trees on the grounds of the Marcus Center for the Performing Arts (929 N. Water St.) in the 4th Ald. District.
• Sponsors: THE CHAIR

Date	Ver.	Action By	Action	Result	Tally
4/1/2019	0	HISTORIC PRESERVATION COMMISSION	ADOPTED; Minutes note: Mr. Tim Askin said little has changed from last month. Staff cannot recommend removal of these trees at this time without a comprehensive landscape/maintenance plan being presented to this body. Frederick Hoppe - Hoppe Tree Service - there is liability for failure to provide sufficient care for the trees. Tree 26 - has dead branches over 26% of the crown. The tree is also completely separated. Tree 37 - 30% of the root flare and trunk circumfrance are gone. The whole load of the tree is on the defect. Tree 38 - was cabled at one point and that cable has now failed. A decay column exists in the entire trunk. Tree 50 - largest of the 4 diseased trees and is actively failing with large vertical cracks in its trunk. Paul Matthews - this was laid over at mutual request. Our insurance company and legal counsel have advised that these trees are a potential public hazard, which is why the fence is up. The trees are not surviving as they were planted too close together. The plan is to replace the trees with honey locust trees, which are a better urban tree. Richard Hecht - New Berlin - they have a long-standing landscaping plan over the years with different companies. Mr. Matthews said that the public has had input into the plan for the new proposed building. The four diseased trees will be cut and the best thing for the remaining trees is to leave the root ball in the ground. Mr. Askin recommended conditional approval with replacing the four trees with the same trees by spring 2020. Frederick Hoppe said there is potential damage to the other trees' root balls if those four root balls are removed. Mr. Hecht said they are trying to mitigate the liability in the meantime and the permanent designation will affect their plans. Grant conditionally with replanting with the same species by spring 2020 following best arboreal practices and availability. Any additional damaged trees resulting from the removal of any of the four trees will be replaced in kind as well. Moved by Ms. Keating Kahn, seconded by Mr. Jarosz. Speakers from the public: Babette Grunau - would oppose removing them unless they can be replaced with chestnuts Barbara Aho - when you take down large trees you use large equipment and that will damage the roots and kill the remaining trees. The work has to be done by a team that wants to save the trees, not get rid of them. The roots are all intertwined. Spike Bandy - common sense says those trees must come down, but people have to be interested in saving the remaining trees. Jennifer Current - there is a protocol in place with a potential permanent historic designation	Pass	4:0
3/4/2019	0	HISTORIC PRESERVATION COMMISSION	HELD IN COMMITTEE; Minutes note: Mr. Tim Askin said that the proposal is to remove 4 of 36 trees due to rot and other damage. Horse chestnut trees have only been used in designed landscapes and are not generally out in the wild. The bark exfoliates on older specimens and exposes the orange shade underneath. Staff does not have the expertise to review tree health. Tree 37 has a hollow area; tree 38 has an unusual angle. Tree 26 has large cracks. Tree 50 also has some cracks. Staff recommends that the trees be replanted by the end of 2020. The arborist report was dated January 31st of this year. Richard Hecht, Marcus Center, said all of the trees are original Fred Hoppe - Hoppe Tree Service - he assessed all 36 trees and identified these 4 trees as being potential risks. Per Mr. Hoppe: Tree 26 - half of the canopy is dead and there are 2 big splits in the trunk and is along the pathway and has a bench underneath it. Tree 37 - has a large cavity in the center. Tree 38 - has a large defect along the entire trunk stopping at the main union Tree 50 - this tree is actively failing and has large spiral cracks around the trunk Paul Mathews - Marcus Center - safety is a concern as there will be thousands of children crossing those grounds through June to access the building. Hoppe was hired to look at how to best re-use the wood. Mr. Hecht said they have been treating and cabling the trees for years. Mr. Mathews said that the public doesn't use the grove itself, but are in front or on the sides of the grove. The fence is up to prevent children from cutting through the grove. Ms. Peltz and Ald. Bauman were concerned because these trees didn't become unhealthy overnight. Dave Sivyer -Forestry Services Manager - he looked at the four trees and he agrees most of the trees are in fair condition. He agrees that the four do have significant structural problems. Tree 50 has structural cracks in the trunk and half of the crown is dead so there is no way to cable it to secure it. There are some things that can be done to secure the trees, such as using rods in the trunk. Tree 38 has significant damage and has very little value. It's a judgement call to seek to prolong the life or remove and plant a new tree. In an urban area, 50 years isn't unreasonable with the living conditions they have endured. They have reached quite a mature state based upon the site. He would suggest a more thorough examination be done of these trees. Two of the four trees could be salvaged. Tree 26 and the curved tree don't have a lot to salvage. The trees could be made safer. Jennifer Current - 1843 N 2nd St. - there are protocols in place for Milwaukee County to deal with dying/deceased plants in planned landscapes. A preservation plan and treatment approach should be created. Mr. Hoppe doesn't think the mitigation efforts would make them any safer; they were just planted too closely. Barbara Evel - 4019 N. Bartlett Ave. - the right thing to do is to maintain these trees and treat them as sacred. She also fears the existing trees will be harmed in the removal of the four trees. Honey locust trees don't create shade, like these trees do. Mr. Mathews asked that this decision be delayed until April 1st. Charlie Keenan - 2769 N. Booth St. - urban beekeeper- replacing 4 trees with different trees will affect the bees. This would be a potential loss of pollinating habitat. This matter will be scheduled for April 1st.	Pass	5:0
2/8/2019	0	COMMON COUNCIL	ASSIGNED TO

Number

181652

Version

Original

Reference

Sponsor

THE CHAIR

Title

Resolution relating to a Certificate of Appropriateness for the removal of four horse chestnut trees on the grounds of the Marcus Center for the Performing Arts (929 N. Water St.) in the 4th Ald. District.

Drafter

Common Council-City Clerk’s Office

Donald McLeod

2/8/2019