HomeMy WebLinkAboutA005 - Council Action Form dated December 13, 1994 ITEM # 3�
DATE _December 13, 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 failing 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. Copies of these materials have been sent out to tree trimming
contractors who are currently licensed or advertise within the community, as well as to
other electrical utilities which serve small portions of the City.
ALTERNATIVES:
1. Approve the attached changes to the tree surgeon and tree trimming sections of
the City Code on first reading.
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, to approve the attached changes to the tree surgeon and tree trimming sections of
the City Code on first reading.
COUNCIL ACTION: