HomeMy WebLinkAboutA002 - Council Action Form dated November 22, 1994 ITEM # �kLl
DATE November 22, 1994
COUNCIL ACTION FORM
SUBJECT: AMENDMENTS TO CHAPTER 27, "TREES" , DEALING WITH
TREE SURGEON LICENSING AND TREE TRIMMING
BACKGROUND: Over the last several months, City Council and Staff have been
approached by local tree surgeons who have requested changes to the City's tree
surgeon licensing requirements. By way of background, this section of the Code was
modified in 1990 to remove several "consumer protection" sections, inasmuch as the
City's central purpose in regulating tree cutting was related to safety and liability
concerns on or affecting City property.
City staff has considered the suggestions made by local tree trimming contractors, and
is recommending several modifications to the current ordinance.
These changes would require tree trimmers to be licensed only in those cases where
they will be cutting street trees in the public right of way or private trees which are at
risk of falling onto the public right of way (including streets and sidewalks). Licensing
would continue to not be required for trimming done on private property where there is
no danger of any portion of the tree falling onto public property.
Further, private individuals and tree trimming contractors (whether licensed or not) will
be prohibited from cutting trees where there is a risk of any portion of a tree falling or
coming into contact with electric utility lines. Our Electric Utility's policy is that, when
there is any risk of any cut portion of a tree falling or coming into contact with electric
utility lines, the property owner or the owner's agent must contact the Utility for a risk
determination. If the Utility's authorized representative deems that the trimming poses
a risk of utility line contact, then the cutting or removing of the trees will be carried out
at no cost by our Electric Utility. Our Electric Utility has an annual contract with a
qualified tree trimming firm which includes insurance requirements far in excess of
those under this section of the Code.
It is also recommended that the comprehensive general liability insurance
requirements for licensed tree surgeons and the automobile liability requirements be
reduced from $1 ,000,000 to $500,000 each. Staff considered the elimination of the
automobile liability requirement, but was informed that special coverage for liability
involved with the operation of bucket trucks is typically covered under a contractor's
automobile liability coverage, and this coverage was deemed important for protection
of the City's interests over the public right of way. It is also recommended that the
section emphasizing compliance with the State of Iowa's Workers' Compensation and
Employees' Liability Requirements be eliminated.
A copy of the recommended ordinance changes is attached, along with a copy of the
current ordinance. If Council decides to move forward with these changes, the
ordinance will be placed on the December 13 agenda for first reading. Copies of
these materials will then be sent out to tree trimming contractors ho are currently
licensed or advertise within the community, as well as to other electrical utilities which
serve small portions of the City.
ALTERNATIVES:
1 . Proceed with consideration of the recommended changes to the City's tree
surgeon and tree trimming sections of the City Code, pla ing the proposed
ordinance on the Council's December 13 agenda for first reading and public input.
2. Direct that other changes be made to this chapter of the Code.
3. Do not change Chapter 27 of the City Code.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative
#1 .
COUNCIL ACTION:
CAF APPROVAL
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To be sent to
Cu RkE MT ORD I N ANCE
CHAPTER 27
TREES AND SHRUBS
Sec. 27.1. CITY CONTROL, TREES AND SHRUBS IN STREET
RIGHT-OF-WAY.
The City has charge, custody and control of all trees and shrub-
bery upon the parking and other portions of the public streets; and
has the right and power to plant, prune, care for, remove and maintain
all trees and shrubbery upon the public street; and, to prune limbs
and branches of trees and shrubbery that extends onto or over public
streets. 'Public Streets' means all land lying between property lines
on either sides of all public streets, avenues, highways, boulevards and
alleys within the corporate limits of the City.
(Ord. No. 876, Sec. 4, 10-1-57; Ord. No. 3044, Sec. 1, 4-11-89; Ord. No.
3065, Sec. 1, 11-21-89; Ord. No. 3101, Sec. 1, 10-2 -90)
Sec. 27.2. STREET TREES, PLANTING PERMITS.
Trees and shrubs planted within the street limit, and trees having
a trunk more than 50 o within the public street a defined above, are
referred to as 'street trees'. The planting of street trees shall be
done by the City or owner of abutting private property only in accor-
dance with the planting plan approved by the City Manager and on file
in the City Department of Public Works. Permits will be issued without
charge.
(Ord. No. 3101, Sec. 1, 10-23-90)
Sec. 27.3. REMOVAL OF STREET TREES
(1) Street trees which are dead or which for some other reason consti-
tute a clear and present danger to the pub c safety may be re-
moved at the direction of the City Manager or designee at any time
without notice.
(2) To remove a street tree for any reason other than as stated above
the City Manager shall cause a notice of intention to do so to be
posted on the subject tree or trees. The notice shall remain
posted for a period of not less than fifteen (15) days, during
which period any local resident may file a mritten objection with
the City Manager. If no objections are filed after fifteen days'
notice as aforesaid, the City Manager may cause or permit the tree
to be removed. If objections are filed within the fifteen days of
notice as aforesaid, they shall be referred to the City Council and
a hearing held thereon at its next regular meeting and the Council
may thereafter sustain the objection or authorize the tree removed
as is deemed in the best interest of the public.
(Ord. No. 3101, Sec. 1, 10-23-90)
SUPP. 2/1990 CODE 27-1 Jan. 1, 1991
Sec. 27.4. CUTTING, REMOVAL OF TREES, SHRUBS BY OWNER OR
AGENT.
(1) The owner of adjoining property shall keep all street and private
trees and shrubs trimmed so as not to interfere with the pedestrian
use of sidewalks.
(2) Cutting or removing street trees, or of tree limbs that overhang
the traveled portion of a street, or where there is a risk of limbs
falling or coming in contact with electric utility lines shall be
done only with the permission and under the supervision of the
City Manager.
(Ord. No. 3101, Sec. 1, 10-23-90)
Sec. 27.5. TREE SURGEON LICENSE REQUIREMENTS.
(1) No person shall solicit or engage in the work of felling trees or
trimming trees where there is a risk of limbs or branches falling
into contact with electric utility lines or onto the traveled
portion of a street without first obtaining a tree surgeon's li-
cense from the City Clerk and paying the license fee in such
amount as shall be established for all such licenses by resolution
of the City Council to cover costs of administration.
(2) However, a property owner may trim or fell trees on his or her
own property without a license except where there is a danger of
limbs coming in contact with electric utility lines.
(3) All licenses shall terminate on June 30th of the year issued.
(Ord. No. 3101, Sec. 1, 10-23-90)
Sec. 27.6. INSURANCE REQUIRED.
Applicant shall procure and maintain, for the duration of the
license period, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with prod-
ucts, materials and services furnished.
Applicant shall furnish the City of Ames with certificates of
insurance evidencing the following coverages:
(1) Comprehensive General Liability with limits of no less than
$1,000,000 combined single limits per occurrence for bodily injury,
personal injury and property damage.
(2) Automobile Liability with limits of no less than $1,000,000 com-
bined single limits per occurrence for bodily injury, personal
injury and property damage.
(3) Worker's Compensation and Employee's Liability as required by the
laws of the State of Iowa.
SUPP. 2/1990 CODE 27-2 Jan. 1, 1991
The certificate must be on file in the office of the City Clerk,
showing that the policy has effective dates coinciding with the effec-
tive dates of the tree surgeons license applied for, before the license
shall be issued.
(Ord. No. 876, Sec. 4, 10-1-57; Ord. No. 3044, Sec. 1, 4-11-89; Ord. No.
3065, Sec. 1, 11-21-89)
SUPP. 2/1990 CODE 27-3 Jan. 1, 1991