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06-13-2022 City Council Minutes
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06-13-2022 City Council Minutes
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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,June 13,2022 <br /> 6:00 o'clock p.m. <br /> FINANCE DIRECTOR REPORT <br /> Finance Director Olson shared a slide showing monthly building revenue permits,noting May 2022 was a <br /> bit behind May 2021 but they are up to 38.2%of the budget. He said if it stays where it is now they will <br /> probably be just fine by the end of the year. <br /> COMMUNITY DEVELOPMENT REPORT <br /> 20. LA22-000022—CITY OF ORONO TEXT AMENDMENT RELATED TO DEAD AND <br /> DISEASED TREES—ORDINANCE NO. 274,THIRD SERIES <br /> Community Development Director Barnhart shared in May the Planning Commission reviewed a text <br /> amendment related to dead, diseased, and hazardous trees.There is a requirement to replace live trees in <br /> the shoreland area and there is no real requirement to replace dead trees. There is also no consideration to <br /> hazardous trees or trees that may fall down onto another property causing damage or injury,or diseased <br /> trees that may spread their diseases in the neighborhood. This draft ordinance is intended to provide some <br /> guidance to these things. The Planning Commission recommended that trees should be replaced one-to- <br /> one(one tree removed,one tree added)to continue to establish foliage and vegetation in the shoreline. <br /> Planning Commission recommended approval of the change. <br /> Jay Nygard, 1386 Rest Point Road, approached the podium and noted he gave public input at the Planning <br /> 4111 Commission meeting because he went through a process where the City wanted him to put 8 trees of a <br /> certain size in a certain area to replace a tree he took down for a boathouse the tree was wrecking.He <br /> negotiated with the City as he did not want a wall of trees and found reasonable places to put trees so it <br /> worked out.Mr.Nygard noted it may have gone too far here in saying that any tree of any size; he thinks <br /> they still need to have some requirements as there will be someone saying a sapling is a tree,it is a size, <br /> and it will work. He thinks the ordinance still needs a little tweaking and believes the Comprehensive <br /> Plan says something about maintaining the trees around the lake to make sure the foliage does not go <br /> away.Mr.Nygard noted a neighbor chose to cut a tree down and had his arborist"claim"that it was <br /> severely diseased.Mr.Nygard took the stump and it was clearly not diseased severely. If someone claims <br /> "the arborist said this" it is just like anything else,trees are important to the lake,an inspector needs to be <br /> sent out to look at the tree,they need an inspector,a permit in advance,and to follow the process.He <br /> thinks there should be a penalty for taking trees down without contacting the City first and they need to <br /> find a reasonable middle ground as the previous ordinance was too onerous and this one swings a little <br /> too far to the other side. <br /> Barnhart noted Mr.Nygard raised an important point and in regards to his boathouse tree, it could be <br /> deemed hazardous or diseased,but previously it was "alive"so it fell into items 1-3 in terms of <br /> replacement size.Based on this ordinance if a tree is hazardous or dangerous the City can allow that <br /> removal to occur and then the homeowner just needs to replace 1 or 2 trees,whatever the Council wants <br /> to add.This draft ordinance allows a property owner to remove a diseased or hazardous tree as long as <br /> they replace it. Barnhart noted there is not an arborist on Staff so they look for those with expertise to tell <br /> the City whether a tree is diseased and this ordinance is intended to help people with situations like Mr. <br /> Nygard. <br /> Mr.Nygard bets an arborist would be more than happy to work for the City of Orono on a set fee-per- <br /> 11110 visit. <br /> Page 3 of 6 <br />
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