City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, March 3,2020 Notice is hereby given that the River Heights City Council will hold its regular council meeting beginning at 6:30 p.m. in the River Heights City Office Building at 520 S 500 E. Opening Remarks(Milbank)and Pledge of Allegiance (Thatcher) Adoption ofPrevious Minutes and Agenda Reports and Approval of Payments(Mayor, Council, Staff) Public Comment Tree City USA Presentation by David Thunell Review Capital Projects and Repairs Adjourn Posted this 27^ day of February 2020 Sheila Lind, Reorder Attachments for this meeting and previous meeting minutes can be found on the State's Public Notice Website (pmn.utah.gov). In compliance with the American Disabilities Act. individuals needing special accommodations(including auxitiar>' communicative aids and services) during this meeting should notify Sheila Lind.(435)770-2061 at least 24 hours before the meeting. 520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646  River Heights City 3 Council Meeting 4 5 March 3, 2020 6 7 8 Present: Mayor Todd Rasmussen 9 Council members: Doug Clausen 10 Sharlie Gallup 11 Chris Milbank 12 Blake Wright 13 14" Recorder Sheila Lind 15 Public Works Director Clayten Nelson 16 Treasurer Wendy Wilker 17 18 Excused: Councilmember Elaine Thatcher 19 Finance Director Cliff Grover 20 21 Others Present: David and Eryn Thunell, Mark Malmstrom, Dane 22 Gyllenskog, Heather Lehnig 25 The following motions were made during the meeting: 26 27 Motion #1 28 Councilmember Wright moved to "adopt the evening's agenda." Councilmember Milbank 29 seconded the motion, which passed with Clausen, Gallup, Milbank, Thatcher, and Wright in favor. No 30 one opposed. Thatcher was absent. 31 32 Motion #2 33 Councilmember Clausen moved to "pay the bills as listed." Councilmember Milbank seconded 34 the motion, which passed with Clausen, Gallup, Milbank, and Wright in favor. No one opposed. 35 Thatcher was absent. 36 37 Motion #3 38 Councilmember Gallup moved to "move forward to become a Tree City USA." 39 Councilmember Clausen seconded the motion, which carried with Clausen, Gallup, Milbank and 40 Wright in favor. No one opposed. Thatcher was absent. 41 42 Motion #4 43 Councilmember Wright moved to "adopt the February 18,2020 minutes with changes as 44 discussed." Councilmember Gallup seconded the motion, which carried with Clausen, Gallup, Milbank and Wright in favor. No one opposed. Thatcher was absent. ■Motitingr 520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646 47 Proceedings ofthe Meeting: 48 49 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 50 the River Heights City Building on Tuesday, March 3,2020 for their regular coimcil meeting. 51 Opening Remarks and Pledge of Allegiance: Councilmember Milbank opened the meeting 52 with a thought and Councilmember Clausen led the group in the Pledge of Allegiance. 53 Adoption ofPrevious Minutes and Agenda: Councilmember Wright had a number ofchanges 54 to the February 18, 2020 minutes. Mayor Rasmussen requested they have this discussion at the end of 55 the meeting. 56 Councilmember Wright moved to "adopt the evening's agenda." Councilmember 57 Milbank seconded the motion, which passed with Clausen, Gallup, Milbank, and Wright in 58 favor. No one opposed. Thatcher was absent. 59 60 Reports and Approval ofPayments(Mavor. Council. Staff): 61 Public Works Director Nelson 62 • The 400 South Road Project notice will go out March 5,7 and 14. The bid opening is 63 scheduled for March 17. Councilmember Clausen was concerned if there would be enough 64 time for contractors to get the irrigation ditch piped before the water is let in in May. Mr. 65 Nelson said it is possible, but couldn't be sure because it will depend on what bids come in. 66 Mr. Clausen discussed the timing. There was discussion on whether this deadline was in the 67 bid. Mr. Clausen asked ifthey will choose the contractor that can get the pipe installed before 68 the 15*^ of May. Mr. Nelson didn't feel the city should award the bid to a contractor whose 69 price may be higher, in order to get the pipe installed by the 15^, to the benefit of 8-10% ofthe 70 city's residents. Mr. Clausen was fhistrated the ad wasn't posted 2 months ago. He will check 71 with Engineer Rasmussen to make sure the contractors know there is a May 15 completion date 72 for the irrigation construction. 73 74 Finance Director Grover was absent. 75 76 Treasurer Wilker 77 • She presented the list of bills to be paid. 78 79 Councilmember Clausen moved to "pay the bills as listed." Councilmember Milbank 80 seconded the motion, which passed with Clausen, Gallup, Milbank,and Wright in favor. No one 81 opposed. Thatcher was absent. 82 83 Councilmember Thatcher was absent. 84 85 Councilmember Milbank 86 • He reported that he and Councilmember Wright discussed the park by the cemetery. There is 87 $60,000 in the budget and he would like to move forward with improvements. He asked about 88 the final layout. Mr. Wright stated the council will make this decision. Ifthey don't feel they 89 want to spend the money this year, it could be moved to another budget, where there was a 90 greater need. He suggested they decide on a layout before installing infrastructure. He will 91 check with Mike Kelly (the person who submitted the designs a few years ago)to see if he can 92 draft a few more plans to consider. He doubted they would spend $60,000 before July. He had River Heights City Council Meeting, 3/3/20  hoped to get started on infrastructure and get cost estimates from the engineer this year, but it hasn't gotten to this point yet. 95 96 Mark Malmstrom asked if there will be an opportunity for public input before a plan is decided 97 on. Councilmember Wright informed there have been two public hearings and there will be 98 another one, as well. 99 100 • Discussion was held on the park in Saddlerock Subdivision. There is $10,000 in the budget for 101 a covered pavilion. Mr. Milbank will check into some designs and PWD Nelson will work on 102 getting some bids. Mr. Nelson reminded they have a rock for the park which they were going 103 to engrave the name on, but an official name hadn't been decided. They all agreed to name it 104 Saddlerock Park. Part of the $10,000 will go towards the engraving. 105 106 Councilmember Clausen didn't have anything. 107 108 Councilmember Gallup 109 • She has scheduled an ambassador meeting this week to get the youth involved in planning 110 community events this summer. She is hoping for six youth activities and 3 concerts in the 111 park for all residents. She has a number ofinterested teens(ages middle school through high 112 school) who are spreading the word to get more to join. 113 114 Councilmember Wright didn't have anything, i Recorder Lind 117 • She asked what was decided at the last meeting, in regards to TV/projector setup for the council 118 room. She was told FD Grover was going to get a name to PWD Nelson of someone who 119 could give another bid. Mr. Nelson said the last bid they received was the lowest it's ever 120 been. Mayor Rasmussen said he would get with FD Grover to find out who he recommended 121 and then give the information to Mr. Nelson to set up a time to get a bid. 122 123 Mark Malmstrom and David Thunell expressed support for the projector system and felt the 124 public would benefit from it. 125 126 Mayor Rasmussen didn't have anything. 127 128 Public Comment: There was none. 129 Tree Citv USA Presentation bv David Thunell: Mr. Thunell introduced himself and fellow 130 arborists Mark Malmstrom and Dane Gyllenskogg, all three of whom are residents of River Heights. 131 Mr. Malmstrom explained the Tree City USA Program. After cities meet certain requirements 132 they can achieve the designation of a Tree City USA. He noted other surrounding cities which belong. 133 He discussed the benefits of trees in communities. He hoped River Heights would adopt a quality tree 134 ordinance. The program educates people about trees and improves community pride. 135 Mr. Gyllenskog handed out and discussed the standards for being a Tree City USA: 1) Create a 136 tree board. He offered the three ofthem to serve on this board, and suggested recruiting the public 137 works director, someone from the council and some residents. 2) A tree care ordinance is required. ! He can get sample ordinances from other cities and was willing to help. A sample was handed out. 3) River Heights City Council Meeting, 3/3/20 139 $2/resident is required in the city's budget. In the case of River Heights, this amount would be $4,000. 140 It was pointed out that this amount is already being spent on upkeep and maintenance. 4) Observe 141 Arbor Day (last Friday in April). 142 Councilmember Milbank pointed out that the General Plan states that River Heights will apply 143 to be a Tree City USA. 144 Mr. Thunell discussed the four standards in more detail, by giving ideas on how River Heights 145 could meet these goals. He again offered their help to work with city officials and employees. Total 146 Tree Care was willing to sponsor the city's first Arbor Day celebration. They could have arborists 147 come to teach residents how to prune trees. Zollinger's Tree Farm was also interested in being a co- 148 sponsor to the event. The youth ambassadors could also be involved in plantings. They asked the 149 council to consider becoming a Tree City USA. 150 Councilmember Wright suggested the city's current street tree section in our ordinance and tree 151 guide could be used as a starting point. 152 Mayor Rasmussen asked how this program will benefit residents. Discussion was held on what 153 an Arbor Day Celebration looks like. Mr. Malmstrom said it raises awareness, education and shows 154 we care about trees. 155 Mr. Gyllenskog noted there is a yearly lunch sponsored for each ofthe cities involved, which 156 the mayor would be invited to. 157 Councilmember Gallup moved to "move fonvard to become a Tree City USA." 158 Councilmember Clausen seconded the motion, which carried with Clausen, Gallup, Milbank and 159 Wright in favor. No one opposed. Thatcher was absent. 160 Mr. Malmstrom said they will begin plans for an Arbor Day celebration and bring it to the 161 council. Mayor Rasmussen asked that they work with Councilmember Milbank and PWD Nelson. 162 Mr. Nelson suggested Councilmember Thatcher may want to be involved because of street trees. 163 Councilmember Gallup said the ambassadors will volunteer to help with the celebration. 164 Councilmember Wright reminded, the ordinance would need to start with the planning 165 commission. 166 Review Capital Projects and Repairs: Mayor Rasmussen reminded that FD Grover asked the 167 council to review the list of projects and make adjustments as needed. 168 PWD Nelson guessed the 600 South repairs will cost close $70,000. If the council decides to 169 go ahead with this project, he recommended doing it as soon as school gets out. He originally thought 170 they would just fix the dip on 750 East, but after looking at it closer it was noted the road around it is 171 in W shape. In front ofthe school is the worst part ofthe road. Chip seal was discussed as a possible 172 option for 600 South. 173 The budgeted $60,000 for Stewart Hill Park may not all be spent, but they agreed to leave it as 174 a place holder for now. 175 PWD Nelson informed that the electric water reading meters are now 10 years old. They are 176 meant to last 10-15 years. He met with Mueller, the company who supplied the meters. They 177 informed they are doing upgrades on their software and electronic heads. After so long, all electronic 178 heads will need to be changed over. Through the end of this month the equipment that goes in the 179 truck to electronically read the meters is on sale for $6,000. After this month, it will cost double. He 180 would also like to add another $9,000 for new meters to change out the 30 bad ones and to have a few 181 on hand. Some meters will be covered by warranty. A new meter costs about $200. He was hoping to 182 wait until July to put this in the budget, but the discount encourages us to do it sooner. 183 Councilmember Clausen agreed. Councilmember Wright suggested getting the figures on paper from 184 PWD Nelson for the next meeting. Mr. Clausen agreed. River Heights City Council Meeting, 3/3/20  Councilmember Clausen informed he will probably come to the council later to ask for $60,000 to inspect the sewer system and fix leaks. It's not currently in the budget. There is currently $5,000 in 187 operations and maintenance. 188 Councilmember Wright brought up the $10,000 that is usually budgeted for sidewalk 189 improvements each year. For some reason, this item didn't get put in this year's budget. PWD Nelson 190 pointed out there is money in the roads budget that he was going to use for the top priority sidewalk 191 repairs. Mayor Rasmussen will ask Councilmember Thatcher to propose an amount for the budget 192 adjustments. Discussion was held on a bad sidewalk spot on Stewart Hill Drive, which Mr. Nelson 193 informed was a high priority. 194 Councilmember Wright discussed his changes to the February 18,2020 council meeting 195 minutes. 196 Councilmember Wright moved to ^^adopt the February 18,2020 minutes with changes as 197 discussed." Councilmember Gallup seconded the motion, which carried with Clausen, Gallup, 198 Milbank and Wright in favor. No one opposed. Thatcher was absent. 199 It was brought up that the Old Church proposal is expiring soon. Mayor Rasmussen said he is 200 still working with Tony Johnson on this. 201 The meeting adjourned at 8:45 p.m. 202 203 204 205 206 "j Sheila Lind, Recorder 208 209 210 Todd A. Rasmussen, Mayor River Heights City Council Meeting, 3/3/20  River Heights City Bills To Be Paid 3/3/2020 Payee Description Admin. P4SZ Parks/Rec Pub. Safety Com. Aff. Roads Water Sewer Total 1 Cache County Corporation 2020 Trail Coordinator Fees $905.80 $905:80 2 Cache Valley Publishing Ad for Compliance Officer in 07-2019 $344.50 $344.50 3 Century Equipment Company Backhoe Service $340.33 $170.16 $170.16 $680.65 4 City of Logan 911-Garbage-Sewer $14,415.76 $2,016.00 $14,450.50 $30,882.26 5 Comcast Business Internet $28.24 $28.23 $28.22 $84.69 6 Dominion Energy Gas $99.81 $98.21 $91.12 $399.27 $91.13 $779.54 7 Ferguson,Inc. Blue Stake Paint $80.28 $80.28 8 IPACO,Inc. Ryan's Place Repairs-Bolt $6.38 $6.38 9 It Works Network Upgrade to Handle Caselle $2,089.25 $2,089.25 10 Joe Ames City Minutes $40.00 $40.00 11 Logan City Water Consumption $213.48 $213.48 12 Mueller Co., LLC $884.52 $884.52 13 Sam's Club Office Copy Paper $74.44 $74.44 14 U.S. Postmaster Postage $41.66 $41.67 $41.67 $125.00 15 Utah Local Government Trust Monthly Workers Comp. $21.54 $33.09 $101.04 $127.98 $134.72 $418.37 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 1 SubTotals $17,155.20 $137.68 $2,016.00 $1,438.29 $1,945.59 $14,916.40 $37,609.16 ■"N Page 1 Total Amount to fa $37,609.16 River Heights City Capital Budget Fiscal 2019-20 Budget Parks Roads Water Sevk/er Total Budget Items 400 South Improvements 500,000.00 500,000.00 600 South Repairs /"/So 70,000.00 70,000.00 Public Works Shop 130,000.00 Well Engineering -i57e50:6&^ 15,000.00 New Truck /(frAl5,850.00 M^,S50.00 31,700.00 Saddle Rock Park 10,000.00 10,000.00 Stewart Hill Park 60,000.00 60,000.00 Stewart Hill Park Right of Way 10,000.00 10,000.00 Mower ({tf7V65,400.00 5,400.00 Upgrade Lower Well - 4^^"?-goo,000.00 200,000.00 Total Budget Items 85,400.00 570,000.00 295,850.00 80,850.00 462,100.00 Additional Increases(Decreases) Snow Plow/Spreader ^^^0,000.00 10,000.00 Tennis Court ji/P^4,315.36 34,315.36 10th East (|flfe,648.64 33,648.64 New Truck (Paid FY 2018-19) (15,850.00) (15,850.00) (31,700.00) Total Additional Increases(Decreases) 34,315.36 43,648.64 (15,850.00) (15,850.00) 46,264.00 Adjusted Total 119,715.36 613,648.64 280,000.00 65,000.00 508,364.00 Net Change 34.315.36 43.648.64 fl5.850.00l fl5.850.001 46.264.00 \ J 3/3/2020 Tree City USA Standards - The Arbor Day Foundation Standard 1 A Tree Board or Department Someone must be legally responsible for the care of all trees on city- or town-owned property. By delegating tree care decisions to a professional forester, arborist, city department, citizen-led tree board or some combination, city leaders determine who will perform necessary tree work. The public will also know who is accountable for decisions that impact community trees. Often, both professional staff and an advisoi^ tree board are established, which is a good goal for most communities. The fonuation of a tree board often stems from a group of citizens. In some cases a mayor or city officials have started the process. Hither way, the benefits arc immense. Involving residents and business owners creates wide awareness of what trees do for the community and provides broad support for better tree care. Standard 2 A Tree Care Ordinance A basic public tree carc ordinance fonus the foundation of a city's tree care program. It provides an opportunity to set good policy and back it with the force of law when necessary. A key section of a qualifying ordinance is one that establishes the tree board or forestry department—or both—and gives one of them the responsibility for public tree care (as reflected in Standard 1). It should also assign the task of crafting and implementing a plan of work or for documenting annual tree care activities. Ideally, the ordinance will also provide clear guidance for planting, maintaining and removing trees from streets, parks and other public spaces as well as activities that are required or prohibited. Beyond that, the ordinance should be flexible enough to fit the needs and circumstances of the particular community. For tips and a checkli.st of important items to consider in writing or improving a tree ordinance, see Tree City USA Bulletin #9. https://www.arborday.org/programs/treecityusa/standar<ls.cfm 1/3  3/3/2020 Tree City USA Standards•The Arbor Day Foundation Standard 3 ( } A Community Forestry Program With an Annual Budget of at Least $2 Per Capita City trees provide many benefits—clean air, clean water, shade and beauty to name a few—^but they also require an investment to remain healthy and sustainable. By providing support at or above the $2 per capita minimum, a community demonstrates its commitment to grow and tend these valuable public assets. Budgets and expenditures require planning and accountability, which are fundamental to the long-term health of the tree canopy and the Tree City USA program. To meet this standard each year, the community must document at least $2 per capita toward the planting, care and removal of city trees—and the planning efforts to make those things happen. At first this may seem like an impossible barrier to some communities. However, a little investigation usually reveals that more than this amount is already being spent on tree care. If not, this may signal serious neglect that will cost far more in the long run. In such a case, working toward Tree City USA recognition can be used to reexamine the community's budget priorities and redirect funds to properly care for its tree resources before it is too late. I Standard 4 i An Arbor Day Observance and Proclamation An effective program for community trees would not be complete without an annual Arbor Day ceremony. Citizens join together to celebrate the benefits of community trees and the work accomplished to plant and maintain them. By passing and reciting an official Arbor Day proclamation, public officials demonstrate their support for the community tree program and complete the requirements for becoming a Tree City USA! This is the least challenging—and probably most enjoyable—standard to meet. An Arbor Day celebration can be simple and brief or an all-day or all-week observation. It can include a tree planting event, tree care activities or an award ceremony that honors leading tree planters. For children, Arbor Day may be their only exposure to the green world or a springboard to discussions about the complex issue of environmental quality. https://www.arborday.org/programs/treecityusa/standards.cfm 2/3 3/3/2020 Tree City USA Standards - The Arbor Day Foundation The benefits of Arbor Day go far beyond the shade and beauty of new trees for the next generation. Arbor Day is a golden opportunity for publicity and to educate homeowners about proper tree care. Utility companies can join in to promote planting small trees beneath power lines or being careful when digging. Fire prevention messaging can also be worked into the event, as can conservation education about soil erosion or the need to protect wildlife habitat. https://www.arborday.org/programs/treecityusa/standards.cfni 3/3 The sample ordinance was designed for use in Midwestern No species otherthan those included in this list may three inches in diameter within the tree's crown to communities of average population. The ordinance that be planted as Street Trees without written permission of such a degree so as to remove the normal canopy and your community ultimately develops should be designed the City Tree Board. disfigure the tree. Trees severely damaged by storms or to fit its specific needs. other causes, or certain trees under utility wires or SAMPLE SUAUTHEES MEDIUM TREES URGETREES other obstructions where other pruning practices are Apricot Ash,Green Cotfeetree, Kentucky CITY impractical may be exempted from this ordinance at the Crabapple, Hackbcrry Maple,Sliver TREE ORDINANCE Flowering(sp) HoReylocust Maple,Sugar determination ofthe City Tree Board. Golden Rain Tree (thomless) Oak,Bur Section 14. Pruning, Corner Clearance Be it ordained by the City Commission of the City of: Hawthorne (sp.) Linden or Sycamore Pear, Bradford Basswood (sp.) Sycamore,London Every owner of any tree overhanging any street or (aty) Redbud Mulberry, Red plantrcc right-of-way within the City shall prune the branches (Stete) Soapberry (fruitless, male] Cottonwood so that such branches shall not obstruct the light from Ulac, Jap. Tree Oak, English (Cottonless, Section 1. Definitions Peach,flowering Oak, Red male) any street lamp or obstruct the view of any street inter Plum, Purpleleaf Pagedatree. section and so that there shall be a clear space of Street trees: "Street trees" are herein defined as trees, Servlceberry Japanese eight feet (8')above the surfoce ofthe street or shrubs, bushes, and all other woody vegetation on land Pecan sidewalk. Said owners shall remove all dead, lying between property lines on either side of all streets, Birch, River Osageorange diseased or dangerous trees,or broken or decayed avenues, or ways within the City. (Male, limbs which constitute a menace to the safety ofthe Park Trees:"Park trees" are herein defined as trees, thomless) public.The City shall have the right to prune any tree or shrubs;bushes and all other woody vegetation in public Persimmon shrub on private property when it interferes with the parkshaving individual names,and all areas owned by the Poplar, White proper spread of light along the street from a street Sassafras City, or to which the public has free access as a park. light or interferes with visibility of any traffic Section 2.Creation and Establishment of a City Tree control device or sign. •Please note:The above species are offered assize-class Board examples only and may not besuitable for planting in Section 15. Dead or Diseased Tree Removal on Private There is hereby created and established a City Tree Board your area. Please check with local sources to Property fortheOtyof: develop a species listfor your area. The City shall have the right to cause the removal of any (oty) Section 8.Spacing dead or diseased trees on private property within the city, when such trees constitute a hazard to life and prop (state) The spacing of Street Trees will be in accordance with the erty, or harbor insects or disease which constitute a three species size classes listed in Section 7 of this which shall consist offive members,citnens and residents potential threat to other trees within the city. The City ordinance, and no trees may be planted closer together ofthis city, who shall be appointed by the mayor with Tree Board will notify in writing the owners of such than the following: Small Trees,30feet; Medium Trees,40 the approval ofthe Commission. trees. Removal shall be done by said owners at their own feet; and Large Trees,50feet; except in special Section 3.Term of Office expense within sixty days after the date ofservice of plantings designed or approved by a landscape notice. In the event offailure of owners to comply with The term ofthe five persons to be appointed by the architect. such provisions,the City shall have the authority to mayor shall be three years except that the term of Section 9. Distance from Curb and Sidewalk remove such trees and charge the cost of removal on the two of the members appointed to the first board owners property tax notice. The distance trees may be planted from curbs or shall bp for only one year and the term of two curblines and sidewalks will be in accordance with the Section 16. Removal of Stumps membprs of the first board shall be for two years. In the three species size classes listed in Section 7 ofthis event that a vacancy shall occur during the term of any All stumps ofstreet and park trees shall be removed ordinance,and no trees may be planted closer to any member, his successor shall be appointed for the below the surface of the ground so that the top ofthe curb or sidewalk than the following: Small Trees, 2 feet; unexplred portion of the term. stump shall not project above the surfoce ofthe ground. Medium Trees, 3 feet; and Large Trees,4feet. Sectior]4. Compensation Section 17.interference with City Tree Board Section 10. Distance from Street Corners and Fireplugs Members ofthe board shall serve without compensation. It shall be unlawful for any person to prevent, delay No Street Tree shall be planted closer than 35 feet of any Section S,Duties and Responsibilities or interfere with the City Tree Board, or any of its street comer, measured from the point of nearest agents, while engaging in and about the planting, It shall be the responsibility ofthe Board to study, intersecting curbs or curblines. No Street Tree shall be cultivating, mulching, pruning,spraying, or investigate, council and develop and/orupdate planted closer than 10 feet of any fireplug. removing of any Street Trees, Park Trees, or trees on annually,and administer a written plan for the care, Section 11. Utilities private grounds, as authorized in this ordinance. preservation, pruning, planting, replanting, removal No Street Trees other than those species listed as Section 18. Arborists license and Bond or disposition of trees and shrubs in parks,along streets Small Trees in Section 7 of this ordinance may be planted and in other public areas. Such plan will be presented it shall be unlawful for any person or firm to engage in under or within 10 lateral feet of any overhead utility annually to the City Commission and upon their the business or occupation of pruning,treating, or! wire, or over or within 5 lateral feet of any underground acceptance and approval shall constitute the official en-lovingsueet orpaiktrees within the City without water line, sewer line, transmission line or other utility. comprehensive city tree plan for the Cfty of: first applying for and procuring a license. The license fee Section 12. Public Tree Care shall be $25 annually In advance; provided, however,that (aty) The City shall have the right to plant, prune, maintain no license shall be required of any public service (State) company or City employee doing such work in the and remove trees, plants and shrubs within the lines The Board, when requested by the City Commission, of all streets, alleys, avenues,lanes,squares and public pursuit of their public service endeavors. Before any shall consider, investigate, make finding, report and grounds,as may be necessary to insure publicsafety orto license shall be issued, each applicant shall first file recommend upon any special matter of question coming preserve or enhance the symmetry and beauty of such evidenceofpossessionofliabilityinsurance in the within the scope of its work. public grounds. minimum amounts of $50,000 for bodily injury Section 6.Operation and $100,000 property damage indemnifying the The City Tree Board may remove or cause or order to City or any person injured or damaged resulting from The Board shall choose its own officers, make its be removed, any tree or part thereof which is in an the pursuit of such endeavors as herein described. own rules and regulations and keep a journal of its unsafe condition or which by reason ofits nature is proceedings. A majority of the members shall be a injurious to sewers, electric power lines, gas lines, water Section 19. Review by City Commission The City quorum for the transaction of business. lines, or other public improvements,or is affected with any Commission shall have the right to review the conduct, injurious fungus, insect or other pest. This Section does acts and decisions of the City Tree Board. Any person Section 7.Street Tree Species to be Planted may appeal from any ruling or order of the City Tree not prohibit the planting of Street Trees by adjacent The following list constitutes the official property owners providing that the selection and Board to the City Commission who may hearthe Street Tree species for: location of said trees is in accordance with Sections 7 matter and make final decision. Section 20. Penalty through 11 of this ordinance. Any person violating any provision of this ordinance shall (aty) Section 13.Tree Topping be, upon conviction or a plea of guilty, subject to a (State) fine not to exceed S It shall be unlawful as a normal practice for any person, firm, or city department to top any Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than