A Baker City man told city councilors during their meeting Tuesday, Jan. 28, that he believes the city policy requiring property owners to maintain trees in the public right-of-way, such as the park strip between the street and the sidewalk, puts an unfair burden on residents.

Matt Endersby told councilors that he recently received a letter from the city ordering him to trim limbs from trees near his home at Fourth and Carter streets.

Endersby said that although he agrees that the limbs create a potential hazard, he doesn’t believe he is responsible or should have to bear the cost of the work, since he didn’t plant the trees.

He cited Section 18 of the Oregon Constitution, which states, in part, “Private property shall not be taken for public use, nor the particular services of any man be demanded.”

A city ordinance passed in 1985 states that “Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches of said trees so that the light from any street lamp and the view of any street intersection or traffic control device or sign is not obstructed; said owner must maintain a clear space of at least eight feet above the surface of the sidewalk and 12 feet above the surface of the street. The owner shall remove all dead, diseased or hazardous trees, or broken or decayed limbs, which constitute a menace to the safety of the public.”

The ordinance also states that if a property owner doesn’t comply with an order from the city’s tree board within 30 days, the city can do the work and then bill the property owner.

City Manager Barry Murphy said city officials could review the ordinance and discuss potential changes.

He noted, though, that there are hundreds of trees in the public right-of-way, and that shifting the cost to trim those trees to the city would be “relatively significant.”

Councilors took no action on Endersby’s request.

In other business Tuesday:

• Councilors heard an update from Joyce Bornstedt, public works director, about a repaving project planned this summer on Cedar Street between Hughes Lane and Clark Street, just north of Campbell.

The nearly $2.1 million project includes repaving Cedar Street and widening the shoulder on the west side of the street to make a pedestrian/bike path. This work is planned from Hughes Lane to D Street, Bornstedt said. Travelers could then continue west on D Street to intersect with the Leo Adler Memorial Parkway.

The project also includes paving the short stretch of dirt road that connects Hughes Lane to Lund Lane.

The state is paying $1,170,000, and the remaining $907,000 is from the city’s street fund.

Bornstedt said the city plans to solicit bids starting Feb. 10, and the schedule calls for the council to award the bid March 11. The work would start after the beginning of the new fiscal year, July 1, 2025.

• Councilors voted 6-0 (Roger Coles was absent) to award a bid for $537,000 to Premier Roofing of Richland, Washington, to replace the roof at the city-owned swimming pool, Sam-O Swim Center, 580 Baker St.

• Councilors voted 6-0 to approved a resolution naming Crossroads Carnegie Art Center as the Local Arts Agency as defined by the Americans for Arts. Crossroads is already listed as the Local Arts Agency by the state of Oregon and the Oregon Arts Commission, but the city council has not approved a formal resolution.

The resolution would make Crossroads more competitive in applying for certain grants through the National Endowments of the Arts, according to a report to councilors.

The resolution has no monetary effect on the city.

Prior to the vote, councilor Gratton Miller noted that he is a member of the Crossroads board of directors.

• Councilors by 6-0 votes approved the first two of three readings of an ordinance rezoning a 0.73-acre property just east of 10th Street from general commercial to high-density residential, which would make it possible to create four building lots for single-family homes.

The address is 2815 E St. The lot is east of Paizano’s Pizza and is bordered on the east by Ninth Street, on the south by D Street and on the north by E Street.

Geraldine Herbes of San Clemente, California, owns the property.

The properties adjoining the land on the north and west are zoned general commercial. The properties on the east are medium-density residential, and the property just to the south is high-density residential.

A house formerly stood on the south end of Herbes’ property. The house was destroyed in a fire on July 28, 2023.

The north end includes a former bike shop.