HomeMy WebLinkAboutItem 8 Tree Service Ordinance 08-083 Memo1
MAYOR AND COUNCIL COMMUNICATION
DATE: 7/02/2013
CONSENT
ITEM #: 8
ORDINANCES 08-083 & 08-084;
RESOLUTION 2013-50
AGENDA ITEM: Adopt Tree Service Ordinance
SUBMITTED BY: Adam Bell, City Clerk
THROUGH: Dean A. Zuleger, City Administrator
REVIEWED BY: Beckie Gumatz, Program Assistant
SUGGESTED ORDER OF BUSINESS
- Introduction of Item .................................................................................... City Clerk - Report/Presentation ..................................................................................... City Clerk
- Questions from Council to Staff....................................................... Mayor Facilitates - Public Input, if Appropriate ............................................................. Mayor Facilitates - Call for Motion ........................................................................ Mayor & City Council - Discussion ............................................................................... Mayor & City Council - Action on Motion ............................................................................. Mayor Facilitates
SUMMARY AND ACTION REQUESTED:
As part of the Consent Agenda, the City Council is respectfully requested to consider adopting
Ordinance 08-083 providing for the licensing of commercial service providers, such as tree service
contractors, performing work in the city. If Council chooses to remove this item from the Consent
Agenda for discussion, it is recommended that the adoption be made by taking the following action:
“Move to adopt Ordinance 08-083, an ordinance establishing licensing and registration
requirements for other commercial activities.”
Staff further recommends that the City Council adopt Resolution No. 2013-50 authorizing summary
publication of Ordinance 08-083 by taking the following action. Requires a 4/5 vote:
“Move to adopt Resolution 2013-50, resolution authorizing publication of Ordinance 08-083 by title and summary.”
In addition, Staff further recommends that the City Council adopt Ordinance 08-084, an ordinance
amending the Municipal Fee Schedule, by taking the following action.
“Move to adopt Ordinance 08-084, an ordinance amending municipal fees.”
BACKGROUND:
The City of Lake Elmo currently requires tree service contractors to obtain a license from the city.
There is a fee that at some point was presumably approved, but Staff is unable to locate anywhere in
the current code language that authorizes the City to require licensing of tree service contractors,
other than as part of the recently amended Right-of-Way contractor/permit process. Contractors
doing work in the Right-of-Way would be governed by those regulations.
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Due to the nature of the work performed, is Staff’s opinion that requiring tree services to obtain a city
license is a reasonable obligation. There are innumerable scenarios imaginable where it would be
important to have a contractor who is performing work on property in the City possess adequate
insurance. This proposed ordinance outlines the process for commercial tree service contractors to
obtain a city license.
The main requirement is to provide adequate proof of liability insurance for the event that damage to
property or injury to persons occurs. To maintain a low burden on contractors that want to do
business in the community, as well as the fact that the number of current licenses is a relatively low
number and therefore does not take much staff time, Staff has recommended eliminating the fee for
the license from the municipal fee schedule by adopting the included Ordinance 08-084. This may
actually increase compliance with registering with the city. Council can always re-implement a fee if
it is determined to be justified at a later date.
Most of the surrounding communities have this type of regulation in place for the protection of the
legal, personal, and property rights of persons in the City. The recent severe weather is a perfect
opportunity to justify the type of licensing structure. Staff received many requests from residents
inquiring about tree service contractors. Unfortunately, the City was only able to refer residents to
the four or five currently licensed contractors that have registered with the city since November
2012.
The code provisions were written to allow additional services to be added at a later date if the
Council determines the need. Staff currently does not have any additional recommended services to
be licensed. It should be noted that this licensing would only be required for commercial businesses
engaging in or performing work in the city. Non-commercial persons performing the described
activities on their own or others’ properties would not be required to obtain a license.
RECOMMENDATION:
As part of the Consent Agenda, the City Council is respectfully requested to consider adopting
Ordinance 08-083 providing for the licensing of commercial service providers, such as tree service
contractors, performing work in the city. If Council chooses to remove this item from the Consent
Agenda for discussion, it is recommended that the adoption be made by taking the following action:
“Move to adopt Ordinance 08-083, an ordinance establishing licensing and
registration requirements for other commercial activities.”
Staff further recommends that the City Council adopt Resolution No. 2013-50 authorizing summary
publication of Ordinance 08-083 by taking the following action. Requires a 4/5 vote:
“Move to adopt Resolution 2013-50, resolution authorizing publication of Ordinance 08-083 by title and summary.”
In addition, Staff further recommends that the City Council adopt Ordinance 08-084, an ordinance
amending the Municipal Fee Schedule, by taking the following action.
“Move to adopt Ordinance 08-084, an ordinance amending municipal fees.”
ATTACHMENTS:
1. Ordinance 08-083, Ordinance Establishing Licensing and Registration Requirements for
Other Commercial Activities
2. Resolution 2013-55, Authorizing Summary Publication of Ord. 08-083
3. Ordinance 08-084, Amending Municipal Fees
4. Fee Schedule