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MINUTES OCTOBER 28, 1992 PAGE 2 there was not a quorum at that meeting the request was presented to council for discussion. Ciernia reviewed the plan which would allow the property owner an additional 66 square feet of landscaped and open area and would permit placement of the new structure to parallel the neighbor's garage. There being no objections from council Ciernia moved approval of a four foot variance to the sideyard setback as requested. Motion carried unanimously. 7:10 P.M. CONTINUATION OF PUBLIC HEARING ON PROPOSED ASSESSMENT FOR REMOVAL OF A DISEASED TREE AT 1853 PASCAL (FROM 10/14/92) At 7:10 p.m. Baldwin opened the continuation of the hearing held October 14, 1992 and presented the staff report giving the findings resulting from the location of the property stakes at 1853 Pascal. The property owner, Roger Pittelkow, was not in attendance but had earlier in the day submitted his written objection to the assessment and his intent to appeal to district court. Hoyt explained that in 1991 the tree was determined to be on private property and upon the location of the property line on October 16, 1992 staff re- determined that the tree had been on private property because the area of disturbance to remove the trunk and roots (about 6 feet in diameter) was almost entirely on private property. The actual tree trunk (2 3/8 ft. in diameter) would hav been within the disturbed area on private property. Over the years growth roots had encroached into public property. Baldwin indicated he was comfortable with the staff opinion. There being no one in attendance wishing to be heard Baldwin closed the hearing at 7:16 p.m. Gehrz moved adoption of Resolution R -92 -46 which carried unanimously. RESOLUTION R -92 -46 A RESOLUTION RELATING TO LEVYING SPECIAL ASSESSMENTS FOR DELINQUENT DISEASED TREE REMOVAL CHARGES LUTHERAN SOCIAL SERVICES SHARE -A -HOME REQUEST FOR FUNDING Tim Hammond, Lutheran Social Services, presented an overview of the organization's services and explained the need for monetary assistance from the municipalities served. Council concurred that the organization met the city's criteria for contributions and following a discussion Gehrz moved that the city contribute $650.00 to Lutheran Social Services for the year 1992, with the funding coming from the 1992 contingency fund. Motion carried unanimously.