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Regular City Council Meeting Monday,May 23,2011 Page 6 Roll Call Ayes: McGehee; Johnson; Willmus; Pust; and Roe. Nays: None. 8. Consider Items Removed from Consent 9. General Ordinances for Adoption a. Consider Adopting an Ordinance Amending Title 7, Chapter 706, Foresta- tion Control Mr. Brokke noted that this ordinance had been vetted by the City's Parks and Recreation Commission (the City Tree Board), the Public Works, Environment and Transportation Commission, and all relevant City Departments; all of whom recommended approval. Mr. Brokke advised that input had been received from the Minnesota Department of Agriculture and the Department of Natural Re- sources as well. Mr. Brokke noted that the purpose for the revisions was in part based on requirements of the Emerald Ash Borer Preparedness Grant received by the City in 2010. Mr. Brokke presented several additional language revisions to avoid confusion and provide additional clarity, and reviewed those items with the City Council, providing rationale for the recommended revisions. City Attorney Bartholdi noted several typographical errors for correction as well. Discussion among staff, City Attorney Bartholdi and Councilmembers included potential addition of"sewer" lines to page 5, line 211/212; identification and reg- istration of tree care firms to protect the public while allowing for neighbors help- ing neighbors at their discretion, and how to apply criteria in those tree care firms needing to register with the City (page 6, lines 232/233) with the fee already in the City's existing fee structure; need to define "public nuisance" as referenced within the ordinance (Section 706.10) for consistency and clarity; and whether references in the utility section (page 5) should define water and sewer lines that may restrict areas for vegetation growth on private property and be based on their potential interference with specific utilities, and at a minimum should be defined as "sanitary" sewer to avoid confusion with storm sewers. Further discussion included preservation or restoration of"it" (the plant—page 3, Section 706, line 119) or to protect the public from damage or injury; striking the word, "person," (page 6, Section 706.11) to determine and specify those qualified "for hire"rather than individuals doing tree service for hire in the community who are not registered and not operating a business, but simply neighbors helping neighbors; and on what criteria the government was basing their determination or distinction of who needed or did not need to register to ensure they were licensed and bonded in order to protect the public.