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differential rising and falling between the slabs and construction joints as listed in the letter and <br />recommended be done. The sidewalk tree grates heaving is again a water infiltration issue <br />which can and should be managed at the sub-grade design level. <br />Mr. O'Malley recommended the Commission review the proposal for amendment using the <br />guidelines of chapter 1126, thereby following the requirements for an original plan. <br />1VIr. Hartman, representing Developers Diversified, advised that in 2000 the plaza received <br />approval to renovate the plaza which included fagade changes and using multi colored concrete <br />sidewallcs with tree planters. Since the work was completed there has been a substantial <br />amount of concrete heaving. Therefore a year ago URS was hired to advise the owners as to <br />why this was occurring and to then present a solution to fix the issue. <br />DDR's major concern is rislc management as there have been a number of trips and falls <br />resulting in injuries. URS advised that there was not proper drainage under the sidewalks. <br />URS designed a plan to replace all the concrete and sub-grading to install a drainage pipe <br />system which would be tied into the stormwater system and was started last year. In 2005 <br />DDR received a minor change approval to use monotone concrete and, instead of a 2-foot saw- <br />cut pattern, a 4-foot diagonal saw-cut pattern was used along the far-east section of the plaza. <br />The new photos submitted show existing concrete installed in 2000 and concrete installed in <br />2005. The last page shows the area in which concrete was replaced last year and shows the <br />area to be replaced in 2006. However, as Home Depot is under a ground lease they are <br />responsible for their own sidewalks. URS advised him that the amount of heaving was do to <br />the different compositions of each of the color pours. Their plan is to replace all sidewalks and <br />do what they can to eliminate water getting under the sidewalks. The newly replaced section <br />will have drains tied into the sewer system and monotone cement with 4-foot saw-cuts made in <br />a diagonal pattern. It is their preference to not replace the trees along the sidewalks as they are <br />a rislc-management issue and the trees do not thrive in the area. They believe that the trees <br />would survive better if relocated. <br />Mr. Yager reviewed that the 1999 renovation included fagade changes, landscaping <br />improvements and color concrete program to create a specific look. He questioned if the <br />original architect was questioned as to why the concrete was heaving and questioned the URS <br />report. The URS report clearly states that it is an underground water issue which may be <br />impacted by the number of construction joints used as opposed to the number of control joints. <br />If it is truly the intent of DDR to properly correct the problem by removing all the sidewalks <br />and installing the proper drainage system, then why can't the original plan be re-implemented <br />using the color concrete. He has no objections to larger control joints/patterns to help the <br />concrete last longer. However without the original plans the Commission has no way of <br />lcnowing the impact the requested changes will have on the overall aesthetics of the plaza. He <br />recommends that color concrete with larger control joints be used in the replacement. He <br />would never recommend removing the trees as they were a critical element of the original <br />design used to break up the starkness of the buildings. Furthermore the original plans clearly <br />stated that there was to be no carts or merchandise along the sidewalks as they create high risk <br />management issues such as bloclcing the sidewalks and are tripping hazards. <br />Mr. Malone advised that he had no objection to monotone concrete and could not address <br />structural issues as it was not his field. His opinion has not changed since the last meeting <br />regarding the trees. If they are properly installed and maintained there is no reason trees would <br />not survive along the sidewalks. If it is within the commissions right to stipulate that carts, <br />creates or any merchandise is not allowed to be along the sidewalks then that is his <br />2