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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 24, 2002 <br />• 7:00 o'clock p.m. <br />( #02 -2780 0TTENBR0THERS NURSER Y— Con tin ued) <br />Mr. Otten stated that, at one time, he and the neighbors were civil, and the trees he placed along <br />the property line to create the screen were for both he and them, and he had felt at the time if <br />they overlapped this was not an issue. <br />Mr. Walvatne objected to the choice of trees used and pointed out that some have since died over <br />the past 10 years. <br />Mayor'-Peterson stated that in the City's view, Mr. Otten has done what was requested of him and <br />is still willing to seek mediation. <br />Sansevere reiterated the question, why this issue is before the Council if Mr. Otten is in <br />compliance. He believed it was not the Council's place to get involved. <br />Mayor Peterson again stated that while Otten Brothers is in compliance, the argument is, if <br />initially, the PUD should have gone further. <br />Mr. Walvatne maintained that the equipment creates excessive noise. <br />• Sansevere repeated that this has nothing to do with the application and should not be part of the <br />PUD amendment. <br />Murphy asked Mr. Walvatne if he would like Otten Brothers to get rid of their front -end loader. <br />He asked what the underlying issues might be. <br />Mr. Walvatne maintained that after monitoring, the front -end loader exceeded acceptable decibel <br />ratings by 1 decibel, and stated that he would like to see Ottens get a new loader. <br />Murphy argued that the average person cannot distinguish between three decibels. <br />Mr. Walvatne stated that, in 1989, the noise that might potentially be generated by the front -end <br />loader was a concern even upon its approval. He stated that the noise is constant and can be <br />heard even within his home. Mr. Walvatne questioned the need for a piece of equipment that <br />size. <br />Mr. O'Reilly maintained that a bobcat would not suffice and would take ten times longer. <br />Mr. Otten suggested checking to see if the reverse beeping mechanism volume could be changed. <br />Mr. Walvatne stated that he is not alone in his complaint. <br />• Murphy pointed out that he was the only one present. Murphy then asked who would pay for <br />mediation services. <br />PAGE 7 of 17 <br />