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Planning Commission Minutes ~overnber26,2002 Page 6 5.6. Request by the City of Elk River to Amend the Elk River City Code to Include a Section Regarding Tree Preservation. Public Hearing - Case No. OA 02-07 e Staff report by Scott Harlicker. Mr. Harlicker reviewed the history of the process to establish a tree ordinance and a tree preservation ordinance. He provided an overview of the tree ordinance. Staff recommends that the Planning Commission recommend approval of the Ordinance amendment establishing the Tree Ordinance and Tree Preservation Ordinance. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Chair Pederson asked if this ordinance addresses public property. Mr. Harlicker stated yes. Commissioner Jenson asked how difficult it would be for a landscaper to become a certified arborist. Mr. Harlicker stated that he was not sure of the certification process. Mr. Jenson asked if there would be a grace period for landscapers to become certified. Mr. Harlicker stated that the ordinance becomes effective upon publication in the City's official newspaper. Commissioner Jenson stated he was concerned that local contractors would be cut off by implementing this ordinance. Ms. McPherson stated that unlicensed landscapers could contract with a certified arborist until a staff member could become certified. Commissioner Offerman asked whose responsibility it is to maintain trees in the easement. Mr. Harlicker stated that the City does not own property in an easement, the homeowner does; the City only has the right to use the easement. e Commissioner Jenson stated that he has some concerns regarding city employees crossing onto private land. City Attorney Peter Beck stated that he will review the ordinance with staff for possible legal issues. Commissioner Jenson stated that he is concerned regarding implementation and impacts on local businesses. He felt that there needs to be some method to allow contractors to finish existing contracts and for future bidding so that they can include costs for hiring a certified arborist. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE TREE ORDINANCE, CASE NO. OA 02-07, PENDING LEGAL COUNSEL'S REVIEW OF THE PROPOSED LANGUAGE. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 7-0 Tree Preservation Ordinance Discussion followed regarding the language in the proposed language. Staff provided clarification to the Commission on various items including enforcement, homeowners rights, remedies and the two alternatives presented for allowable tree removal (page 9). Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. e COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE TREE PRESERVATION ORDINANCE USING THE FIRST OPTION FOR DETERMINING ALLOWABLE TREE REMOVAL, CASE NO. OA 02-07.