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HomeMy WebLinkAbout2010-01-20 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 01/20/201 PREPARED BY City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Consider passing an Ordinance requiring the licensing of tree care services and passing an ordinance establish a license fee of $150.00. STAFF RECOMMENDATION Pass Ordinance amending Title 4, Chapter 5 of the City Code; (2) Adopt a Resolution authorizing the publication of the Ordinance Amendment by Title and Summary, and (3) Pass an Ordinance establishing a license fee of $150.00. ® MEMO /LETTER: Caron Stransky, City Clerk dated 01/14/2010 ❑ RESOLUTION: ® ORDINANCE: (2) ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER t G \clerk \Templates \Caron \City Council Action Form.doc COTTAGE GROVE To: Honorable Mayor and City Council Members From: Caron Stransky, City Clerk Date: January 14, 2010 Subject: TREE CARE SERVICES BACKGROUND The Cottage Grove City Code does not require a person or firm interested in working in the City providing tree care services to obtain a license. With the anticipated arrival of the Emerald Ash Borer, the City is interested in requiring persons and /or firms to first obtain a license to provide tree care services, such as tree trimming, removal of trees limbs, brush or shrubs OR to treat trees, shrubs or vines with a registered chemical. INFORMATION Staff has drafted an ordinance amending Title 4, Chapter 5 incorporating the licensing of tree care services into the existing professional lawn care services licensing requirements and some of the major elements include the following: 1. Defines a "tree care services" as a person proposing to engage in the business of tree care, tree trimming, or removal of trees, limbs, brush or shrubs or to treat trees, shrubs or vines. 2. Requires the licensing of every person proposing to engage in the business of tree care services. 3. Requires each employee working under a license who wishes to apply a registered chemical must provide proof that the individual is licensed by the Minnesota Department of Agriculture. 4. For tree care services: a. The applicant must have registered with the Department of Agriculture as required by Minnesota Statutes 18G.07 and provide a list of all persons in the business who are certified by the International Society of Arborists and the name of the certified arborist(s) who will be directly supervising all work performed in the City. b. Provide documentation substantiating the applicant carries liability insurance in accordance with certain requirements. 5. Gives the City Clerk authority to revoke or refuse issuance or renewal of a license for cause and gives an applicant 14 days to appeal the refusal or revocation of a license, and 6. For tree care services, prior to the application of a registered chemical, the licensee must provide to the city forester, the name of the business, the type of tree, location of tree, method of treatment, number of trees to be treated, size of each tree, date of proposed treatment and the name of the registered chemical to be applied. The Public Works Department has reviewed the proposed ordinance, provided input and approves the ordinance as drafted. 7xK�7Ji11�i1�1�7_ \�C�7�1 It is recommended that the City Council (1) pass the Ordinance amending Title 4, Chapter 5 of the City Code; (2) Adopt a Resolution authorizing the publication of the Ordinance Amendment by Summary, and (3) Pass an Ordinance establishing a license fee of $150.00 for tree care services. Attachments /3 ORDINANCE NO. [NUMBER] AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 4 CHAPTER 5 OF THE COTTAGE GROVE CITY CODE RELATING TO LAWN CARE AND TREE CARE SERVICES The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Title 4 Chapter 5 to read as follows: Chapter 5 PROFESSIONAL LAWN CARE AND TREE CARE SERVICES 4 -5 -1: PURPOSES: This chapter is adopted for the purposes of: A. Protecting the health, safety and welfare of the residents of the city. present ^^^"u future B. Regulating the application and use of chemical fertilizers, pesticides, herbicides and other toxic substances so as to prevent pollution of the soil, air and surface and underground waters; C. Preventing chemical spraying from creating a health hazard or a nuisance for the general public or for individuals; and D. Licensing RMfessieaal lawn care and tree care services doing business in the city. (1971 Code § 19A -1) 4 -5 -2: DEFINITIONS: For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Ponce „o SSIG,NAL LAWN CARE SERVICE: Any person proposing to engage in the business of lawn and garden maintenance or providing chemical treatment for fertilization or the control of weeds, insects or lawn diseases with a registered Chemical ThiQ PIAP,; not ' ^^ _Iucip so ^%^ps for REGISTERED CHEMICAL: Any substance used in a fertilizer, pesticide, herbicide or other chemical application that is registered by the United States environmental protection agency and /or licensed for use by the appropriate state regulatory agency. (1971 Code § 19A -2) TREE CARE SERVICES: Any person proposing to o engage in the business of tree care tree trimming or removal of trees, limbs, brush, or shrubs or to treat trees shrubs or vines. 4 -5 -3: LICENSING PROVISIONS: A. License Required: Every person proposing to engage in the business of as a lawn care service or tree care service treating lawRs Gr aF 9F trees w ith re G Ga shall first obtain an annual license to carry on such work. B. Application for License: License applications shall be submitted to the city clerk council and shall contain the following: a. Name and address of the individual, firm or corporation seeking the license; b. Name each person who will be applying a registered chemical along with proof of licensing by the Minnesota Department of Agriculture. C. For tree care service applicants only, the applicant must be registered on the Tree Care Company Registry with the Department of Agriculture as required by Minnesota Statutes 18G.07. Applicant must provide the names of all persons who are certified by the International Society c Arborists and name the certified arborist(s) who will be directly supervising all work performed in the City. de. Documentation indicating insurance coverage, which shall remain in effect during the license term. No license or renewal shall be granted, no shall the same be effective, until the applicant shall file with the city clerk insurance is so cancelled and the licensee shall fail to replace the same with another policy conforming to the provisions of this section said license shall be automatically suspended until such insurance shall have been replaced. 2. No work shall be performed under a license unless and until required proofs of licensing and /or registrations and insurance are filed with and approved by the city clerk. (1971 Code § 19A -3; amd. 2000 Code) C. License Fee: The annual license fee shall be in such amount as provided by ordinance of the city council from time to time. (Ord. 783, 2 -15 -2006) D. Term Of License: Annual licenses shall be in effect January 1 to December 31 and shall be valid only during the year for which issued. E. Denial and Revocation of License; Hearing: for at least one million dollars against liability for damage or destruction of The city clerk council may revoke or refuse issuance or renewal of a license for cause, as follows: a. For application of any registered chemical in violation of this Chapter. b. For falsification or misrepresentation of any documentation or other records required under this Chapter. 2. After Before any license is refused or revoked, the applicant or licensee may within 14 days appeal the refusal or revocation by requesting shall - -be- granted a hearing before the City Council to show why such license should not be refused or revoked. (1971 Code § 19A -3; amd. 2000 Code) 4 -5 -4: PERFORMANCE STANDARDS: The following minimum requirements shall apply to all licensed professional lawn care services: A. Signs: Time for Posting: In order to protect people and domestic pets from the possibly deleterious effects of toxic chemicals, lawns and gardens treated with registered chemicals shall be posted for a period of not less than forty eight (48) hours following the application. 2. Specifications: Signs shall be posted on properties treated with registered chemicals, and signs must meet the following specifications: a. All signs shall bear the name, address and telephone number of the applicator, as well as the date of the application. b. All signs shall be in conformance with the City's sign ordinance in regard to size and location. C. All signs shall include a warning substantially similar to the following the fel- lowing warning: "This area has been chemically treated. Please keep children and pets off for 48 hours." d. All signs must be of a rain- resistant material and constructed and placed in such a manner as to be clearly legible and provide sufficient warning to any one who ma enter the treated area .r- -nrnr inches (1 abeve the top of the grass liRe op gpade 'iRe, whiGheveF is higher. 1 RfGFFnatiGR printed on the sign must be in letters measuring at Ipast one half inch QJ7;�, 3. Number of Signs: The number of signs to be posted shall be determined on the basis of one sign placed at each access point to a property, with a minimum of one sign per yard. B. "ethed 9# Applying Chemicals: The licensee shall apply all registered chemicals in such a manner as to minimize water, soil and air pollution. Spraying chemical fertilizers, pesticides, herbicides or other toxic chemicals on any nonporous surface, such as a street or driveway, shall be prohibited. C. Tree Care Notification Reauired: Prior to application of a reaistered chemical or treatment method to prevent or otherwise control the spread of tree disease the licensee shall provide the following information to the city forester: business name, type of tree location of tree, method of treatment, number of trees treated, size of each tree, date of proposed treatment, and name of chemicals used. DG. Records: At the time of the application of any registered chemical, the licensee shall provide the property owner or tenant with a written record of the following information: date of service, type of application, brand names of all registered chemicals used and the amount of chemical applied (in pounds per square feet). A copy of this record of chemical application shall be provided free of charge. E. Supervision: All work involving registered chemicals shall be done or supervised by an individual licensed by the Minnesota Department of Agriculture. (1971 Code § 19A -4) SECTION 2. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 20th day of January 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date]. RESOLUTION NO. 2010 -XX TITLE AND SUMMARY WHEREAS, the City of Cottage Grove has adopted Ordinance No. XX amending Title 4, Chapter 5 of the Cottage Grove City Code relating to Lawn Care and Tree Care Services; and WHEREAS, Minnesota Statutes, Section 412.191, Subdivision 4 allows publication of the title and summary in the case of lengthy ordinances; and WHEREAS, the following summary would clearly inform the public of the intent of the ordinance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XX to be published in the official newspaper in lieu of the entire ordinance: Public Notice Attest: The City Council of the City of Cottage Grove has passed Ordinance No. XX, amending Title 4, Chapter 5 of the Cottage Grove City Code relating to Lawn Care and Tree Care Services. This ordinance adds licensing requirements and standards for persons or companies performing tree care services in the City of Cottage Grove. The full text of Ordinance No. XX is available for inspection at the Cottage Grove City Hall during normal business hours. Passed this 20th day of January 2010. Myron Bailey, Mayor Caron M. Stransky, City Clerk C81 :1210F -111 <Cs i1 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING THE CITY FEE TABLE BY ADDING TREE CARE SERVICES LICENSE FEE The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain the following addition to the City Fee Table: Lawn Care Services Pesticide AppliGate-r-s $150.00 Calendar Year Tree Care Services $150.00 Calendar Year This ordinance will not be codified in the City Code but will be maintained in the office of the City Clerk. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 20th day of January 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington, County Bulletin on [Date].