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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 24, 2013 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />    Page 5 of 15   <br />(4. #13-3607 BILL COFFMAN ON BEHALF OF ERVIN WACHMAN, OUTLOT B, C & D <br />BAYVIEW FARMS 2ND – FINAL PLAT “BAYSIDE MEADOWS” – RESOLUTION NO. 6301, <br />Continued) <br /> <br />Curtis stated the applicant has submitted a plan stating that the developer will remove the buckthorn and <br />then the responsibility transfers to the homeowners association at some point for additional maintenance <br />and future removal of any buckthorn in the conservation areas. <br /> <br />Mattick stated there is a provision in the City Code that talks about shade trees planted by a developer in a <br />subdivision. The code states one tree shall be planted for every 40 feet of frontage along each road unless <br />the Council, upon recommendation of City Staff, shall grant a waiver. Mattick stated it appears the City <br />Council can grant a waiver but that he is not sure if there are other provisions tied to this language. <br /> <br />Mattick stated he also has a concern that this is the plan that has been brought to the Planning <br />Commission, the Planning Commission received public comment on it, and that what is being proposed <br />tonight is generally what the public is expecting. Mattick noted this issue has not been contemplated in <br />the report and the residents in the area will have the impression that what is in the plan currently is what is <br />going to be done. <br /> <br />Mattick stated in his opinion the Council does have the ability to grant a waiver but noted that any <br />approval at this time would be without any public notification and without review of possible related code <br />provisions. <br /> <br />Levang asked when construction is expected to commence. <br /> <br />Coffman stated they cannot afford any delays relative to the approval process and that they would like to <br />start construction right after the 4th of July weekend. Coffman noted the landscaping would not be going <br />in until the fall, which would give them some time to work with Staff on that issue. <br /> <br />Mattick noted it would be something that the applicant would have to reapply for to have it reconsidered. <br /> <br />Bremer commented there would likely be a cost savings to the applicant if fewer trees are planted. <br /> <br />Coffman indicated he would be willing to come back with a different tree plan as long as it does not hold <br />up construction. <br /> <br />Bremer stated she is fine with the plan as proposed but that she would be open to requiring fewer trees. <br /> <br />Irvin Geffre, 4655 Bayside Road, pointed out the location of the trees in the conservation easement. The <br />Wachmans had planted those trees in 1994 when they purchased the property. Geffre stated at the present <br />time the trees have taken their lake view away and that he would like to see one of those trees removed, <br />which would fall in line with what the Council would like to see. Geffre stated he would like to see in <br />any revised plan the removal or relocation of that one tree. Geffre noted Mr. Coffman has alluded to the <br />fact that he would be willing to relocate the tree to help open up the view of the lake. <br /> <br />Mattick stated the Council would need the applicant’s consent if any trees are going to be removed. <br /> <br /> <br /> <br />Item #03 - CC Agenda - 07/08/2013 <br />Approval of Council Minutes 06/24/2013 <br />[Page 5 of 15]