Tree Removal Interrupted

WAITSBURG – A special meeting of the Waitsburg City Council was scheduled for last Tuesday afternoon, but later cancelled, when Mayor Walt Gobel was unable to attend.

The meeting was called in response to concerns raised over the planned removal of five large trees along West 6th Street. Removal plans have now been postponed until the issue can be addressed at next Wednesday's regular city council meeting.

Waitsburg Attorney Michael V. Hubbard explained the situation in a letter with the subject line "Waitsburg Trees (and the war on)," addressed to leaders of the Waitsburg Historical Society, the Waitsburg Garden Club and the Waitsburg Commercial Club.

Hubbard said the city had hired Mark Lanning to remove trees on the public right of way, beginning on the corner of West Sixth and Orchard Streets and that Lanning's truck was in place to begin removal on Friday morning. Hubbard said he and his wife, former Waitsburg mayor, Markeeta Little Wolf, posted two copies of Waitsburg's Municipal Code, Chapter 10.4A, regarding trees in the city, along with Hubbard's business card, on Lanning's truck.

The ordinance states in part that, "no person other than the (Waitsburg Tree) Committee or persons authorized by it may cut, trim, prune, spray, plant, move, remove or replace any tree located on public property or which encroaches on public property."

Hubbard said Little Wolf contacted City Administrator Randy Hinchliffe on Monday regarding the requirements of the code and was told the trees in question had not been brought before the Tree Committee and that the proposed tree cutting would be suspended pending further study.

Hubbard's letter said that Lanning's truck pulled out on Sunday, and that two wadded up copies of the ordinance were found tossed in Hubbard's driveway.

Hubbard said he later spoke with Waitsburg City Attorney Jared Hawkins who confirmed that the city would follow its established tree removal code to determine whether or not the cutting should occur.

Hubbard said he mailed Hawkins draft copies of a Summons, Complaint, and a Motion for Temporary Restraining Order so that Hawkins could readily understand the plaintiff's position and explain it to the council. Hubbard said the paperwork, which was not filed with the court, was readied in the event that the city failed to follow through on suspending the tree removal.

Plaintiffs listed in the summons are: Maple, Chestnut, Fir, Sprue & Trees 1-100; Gayle Gwinn, Joe Patrick, Markeeta Little Wolf, Allison Bond, Susan Donegan, and Lane Hill. Defendants are listed as the City of Waitsburg and City Administrator Randy Hinchliffe.

Hubbard's letter says that Waitsburg citizen Allison Bond asked an arborist to study the trees and that he will furnish a report of his findings which will be shared with the city. Hubbard said he expects the report to indicate that the trees "have three to five years of life remaining, are not in a dangerous condition of toppling but suffer from crown rot due to prior inartistic pruning(s)."

Hubbard said that the city, if it follows its code, may eventually and lawfully remove these and other trees from public property as it determines, and urged the community groups to discuss the issue and contact the city council directly.

"This is where protecting these trees becomes a political/public opinion challenge. That is why I am writing to you; to enlist and encourage you and your organizations to go to work with the council. In my view, the trees of this town are ever much if not more a part of its historic fabric than our many wonderful homes and buildings, plus the trees are alive still and now," Hubbard wrote.

Hinchliffe said the trees were slated for removal because of heaving issues associated with the existing sidewalk that is slated for replacement through the city's sidewalk repair and replacement program. He said the property owners are in agreement with the tree removal, which is being paid for by the city.

Hinchliffe said that the Tree Committee became the Street Committee when the development code was revamped several years ago. That committee is currently made of up council members Karl Newell and KC Kuykendall and Mayor Walt Gobel.

The tree removal issue will be on the agenda at the regular May 18 City Council meeting scheduled for 7 p.m. at the Lions Club Memorial Building at the Waitsburg Fairgrounds.