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Council overturns a denial and grants solicitor’s permit to local Weed Man Lawn Care applicant
Summary
Following discussion and public comment, the Portage City Council approved a solicitor’s permit for Rochelle (Michelle) Hartman of Weed Man Lawn Care by a 4–1 vote; Council Member Young cast the lone no vote. Council members said the decision was difficult and suggested reviewing the ordinance that puts council in this adjudicatory role.
The Portage City Council on May 11 approved a solicitor’s permit for Rochelle (referred to in the meeting as Miss Rochelle Hartman) of Weed Man Lawn Care after considering an appeal of a prior administrative denial. The council voted 4–1, with Council Member Young voting no.
City staff explained the ordinance process: applications are reviewed by the city clerk and the police chief; applicants may appeal a denial to the city council. The council heard arguments and remarks from members who described the decision as difficult and said they favored second chances for applicants who have sought rehabilitation.
Council Member Burns moved to approve the permit; the motion was seconded and went to a roll-call vote. The recorded votes were: Young — no; Burns — yes; Miller — yes; Pearson — yes; Randall — yes. The motion passed 4–1.
Council members spoke about the strain of acting as a quasi-judicial body in permit appeals and recommended the city review the ordinance so future councils are not placed in the same position. Several members praised the applicant’s willingness to take responsibility and urged changes to the code that would remove the council from making these determinations.
Why it matters: Granting the permit allows the applicant to solicit door-to-door lawn-care business in the city. Council members asked staff to consider whether the ordinance should be amended so council is not the final adjudicator for such appeals.
Implementation: The city will issue the solicitor’s permit to the applicant and staff will review the solicitation ordinance for potential changes to the appeals process.
