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MINUTES REGULAR CITY COUNCIL MEETING 9 ~ JULY 24, 1985 a7 PAGE 4 boulevard trees (deferred from July 10 meeting), 20 left on private DISCUSSION - property. Councilmember Baldwin felt that since the City and the BOULEVARD residents had assumed the trees were on the City right-of-way that the TREES MIS- City should be responsible for removal. Following a discussion, PLACED ON Councilmember Baldwin moved that the City assume responsibility for PRIVATE the 20 trees until September 1, 1987 after which the homeowners will PROPERTY be responsible. The motion died for lack of a second. RELATING TO TREE AT Council discussed the matter further after which Councilmember Ciernia 1824 ASBURY, moved, seconded by Councilmember Chenoweth, that Resolution R-85-41 D.F. SWANSON be adopted. Upon a vote being taken, the following voted in favor thereof: Councilmembers Hard, Ciernia, and Chenoweth, and the following voted against the same: Councilmember Baldwin due to the fact that it was assumed the trees were City trees and residents had not been notified otherwise, and Mayor Eggert due to the fact that the trees are on private property. Motion carried. RESOLUTION R-85-41 RESOLUTION R-85-41 A RESOLUTION ESTABLISHING THE RATE OF ASSISTANCE FOR SHADE TREE SANITATION ON PRIVATE PROPERTY COUNCILMEMBER Councilmember Baldwin departed at 9:37 P.M. BALDWIN LEAVES Council discussed a variance request from Paul Baehr, 1746 Holton, to construct a driveway to the south property line, and also to relocate PAUL BAEHR, the utility pole. Mr. Baehr had applied for a variance through the 1746 HOLTON, required channels several years ago and for that reason felt it was not VARIANCE necessary to formally apply at this time. Following the discussion, Council REQUEST- MUST directed the Clerk Administrator to draft a letter to Mr. Baehr informing APPLY FORMALLY him he must reapply in the required manner, appearing before the Planning FOR DRIVEWAY Commission and Council. VARIANCE Clerk Administrator Barnes informed Council that he had .checked with the PCA ATTORNEY TO and that organization does not license lawn services. Councilmember Hard DRAFT stated that the Department of Agriculture does give a general test on use of ORDINANCE equipment, safety, and type of solution to be applied. Following a discussion, REQUIRING Councilmember Chenoweth moved, seconded by Councilmember Ciernia, that the LICENSING OF City Attorney. be directed to draft an ordinance setting forth the following LAWN SERVICE requirements for licensing of lawn services: must use MDA certified operators, provide certificate of liability insurance/bond, that each homeowner be notified of the content of the chemicals applied, and a $25.00 fee. Motion carried unanimously. The proposed ordinance will be reviewed by Council at the August 14th meeting Councilmember Ciernia, moved, eseconded by Councilmember Ciernia, that Resolution R-85-42 be adopted. Motion carried unanimously. RESOLUTION RESOLUTION R-85-42 R-85-42 A RESOLUTION RELATING TO TRANSFERRING :OF FUNDS FROM THE DEBT SERVICE TO THE CONSTRUCTION FUND (FINANCING DISTRICT N0. 1 IN DEVELOPMENT DISTRICT N0. 1) Councilmember Hard moved, seconded by Councilmember Ciernia, that Resolution R-85-43 be adopted. Motion carried unanimously.