06-24-2013 Council Minutes - Laserfiche WebLink

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, MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,June 24,2013 7:00 o'clock p.m. (4. #13-3607 BILL COFFMAN ON BEHALF OF ERVIN WACHMAN, OUTLOT B, C&D BAYVIEW FARMS 2"'D—FINAL PLAT"BAYSIDE MEADOWS"—RESOL UTION NO. 6301, Continued) Curtis stated the applicant has submitted a plan stating that the developer will remove the buckthorn and then the responsibility transfers to the homeowners association at some point for additional maintenance and future removal of any buckthorn in the conservation areas. Mattick stated there is a provision in the City Code that talks about shade trees planted by a developer in a subdivision. The code states one tree shall be planted for every 40 feet of frontage along each road unless the Council, upon recommendation of City Staff, shall grant a waiver. Mattick stated it appears the City Council can grant a waiver but that he is not sure if there are other provisions tied to this language. Mattick stated he also has a concern that this is the plan that has been brought to the Planning Commission,the Planning Commission received public comment on it, and that what is being proposed tonight is generally what the public is expecting. Mattick noted this issue has not been contemplated in the report and the reside�ts in the area will have the impression that what is in the plan currently is what is going to be done. Mattick stated in his opinion the Council does have the ability to grant a waiver but noted that any approval at this time would be without any public notification and without review of possible related code provisions. Levang asked when construction is expected to commence. Coffman stated they cannot afford any delays relative to the approval process and that they would like to start construction right after the 4`h of July weekend. Coffman noted the landscaping would not be going in until the fall, which would give them some time to work with Staff on that issue. Mattick noted it would be something that the applicant would have to reapply for to have it reconsidered. Bremer commented there would likely be a cost savings to the applicant if fewer trees are planted. Coffman indicated he would be willing to come back with a different tree plan as long as it does not hold up construction. Bremer stated she is fine with the plan as proposed but that she would be open to requiring fewer trees. Irvin Geffre,4655 Bayside Road,pointed out the location of the trees in the conservation easement. The Wachmans had planted those trees in 1994 when they purchased the property. Geffre stated at the present time the trees have taken their lake view away and that he would like to see one of those trees removed, which would fall in line with what the Council would like to see. Geffre stated he would like to see in any revised plan the removal or relocation of that one tree. Geffre noted Mr. Coffinan has alluded to the fact that he would be willing to relocate the tree to help open up the view of the lake. Mattick stated the Council would need the applicant's consent if any trees are going to be removed. Page 5 of 15