HomeMy WebLinkAboutA004 - Council Action Form dated October 9, 1990 ITEM p2�
DATE October 9, 1990
COUNCIL ACTION FORM
SUBJECT: Proposed Revisions to Tree Ordinance
BACKGROUND:
Earlier this year, the City Council amended the City's "Tree Ordinance" to
increase the insurance requirements placed upon tree surgeon license holders.
That change lead to comments from Professor Wayne Hefley of the ISU Horticul-
ture Department, who made several suggestions regarding potential improve-
ments to the overall Tree Ordinance. Most notable among his suggestions was
that the City differentiate between "high risk tree surgeons" who work around
electric power lines, and other tree surgeons who are involved in less danger-
ous types of tree maintenance work.
Over the summer, staff members representing the public works, electric, risk
management, and legal functions met together with Mr. Hefley to reevaluate the
intent and substance of the present Tree Ordinance. The proposed changes to
the ordinance which are attached demonstrate the consensus which was achieved
by this group.
The highlight of these proposed ordinance changes is that only those tree
surgeons who perform for-profit tree maintenance work (1) over the City
right-of-way or (2) where there is a risk of limbs falling or otherwise coming
into contact with electric utility lines shall be required to obtain a tree sur-
geon's license. In those cases, the existing, stringent insurance requirements
will remain in effect. By contrast, however, all other tree maintenance service
may be performed without a license. Further, homeowners themselves are
exempted from the tree surgeon licensing requirement for work done over City
right-of-ways (though not for work done adjacent to where there is danger of
coming into contact with electric lines).
It should be emphasized that the proposed ordinance is in essence a step back
from the present ordinance in that it does not require "licensing" of all individ-
uals who maintain trees for profit. At present, the tree surgeon "license" is
not analogous to an electrician's or plumber's license, both of which entail an
apprenticeship and testing process. Through issuance of an electrician's
license, for example, the City is essentially setting performance standards for
that type of work, and requiring that any individual engaged in that work meet
those standards. By contrast, a "tree surgeon license" has not been intended
to signify that the holder of such a license had met any City standards (beyond
proof of insurance) or was otherwise qualified to perform the work of a tree
surgeon.
It has been suggested that the City issuing "licenses" to tree workers may have
created a sense of false security for residents, who may have relied upon that
license as some guarantee of ability to perform. In the proposed ordinance, the
City would specifically not make any such representation, other than to require
those working near electrical lines or over City right-of-ways to demonstrate by
proof of insurability that they are qualified to perform the indicated services.
It was a consensus of the staff and Professor Hefley that the City does not
have a bonafide need to be in the business of setting standards for tree
maintenance workers. The City's main interest is only to ensure the public
safety and to see that City property is not damaged.
Other notable changes to this ordinance include a slight change to section 27.3
(2), with the added sentence "If no objections are filed after 15 days' notice as
aforesaid, the City Manager may cause or permit the tree to be removed". In
addition, section 27.4 (1) places upon the adjoining property owner the respon-
sibility of keeping street trees and private trees and shrubs trimmed so as to
not interfere with the pedestrian use of sidewalks.
ALTERNATIVES:
1. Set October 23, 1990, as a date for first reading of the attached changes to
the City's Tree Ordinance.
2. Direct staff to make further changes to the current Tree Ordinance.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the Council set October 23,
1990, as a date for first reading of the attached changes to the City's Tree
Ordinance.
COUNCIL ACTION