HomeMy WebLinkAbout10A - Dutch Elm & Oak Wilt Diseases
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
DECEMBER 3, 2007
10A
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTION 602
OF THE PRIOR LAKE CITY CODE RELATED TO DUTCH ELM AND OAK
WILT DISEASES
Introduction
The purpose of this agenda item is to amend the Prior Lake City Code
Ordinance, Subsection 602, related to the Dutch Elm and Oak Wilt Disease.
Historv
The City of Prior Lake has historically inspected the City for detection of Oak Wilt
and Dutch Elm. Trees located on both public and private property are tagged for
removal pursuant to Minnesota Statutes Chapter 18. The purpose of this
inspection and removal program was to preserve the urban oaks and elms. For
some years the State provided communities with funding to administer the
program. In 2003 when incidence of Oak Wilt and Dutch Elm Disease were at
their low point, the State repealed Chapter 18 and eliminated program funding.
This year there has been a marked resurgence of Oak Wilt.
Currently the City removes and disposes of all diseased trees located on public
property and rights of way. Staff works with residents to ensure diseased trees
on private property are removed in an expedient manner.
Current Circumstances
Due to the drought conditions the last two summers the City has seen a sharp
increase in tree diseases, specifically Dutch Elm and Oak Wilt. During periods of
drought trees become stressed and more susceptible to diseases. During this
fall's inspections, staff discussed the existing ordinance and potential changes.
Within the City of Prior Lake there are no original or large growth elm trees that
staff is aware of. Therefore, there may not be any value in further pursuing elm
tree removal on private property. Removal of these smaller trees can be a
financial hardship and with no elm resources remaining in the City, it may not be
a prudent use of City or private resources. The one exception is if the diseased
tree in question poses a hazard to the general public in which case the City has
the authority to remove the tree pursuant to MN Statute Section 429. City Staff
has checked with adjacent municipalities and is unaware of any that are still
enforcing the removal of trees infected with Dutch Elm disease.
The reallocation of staff time away from Dutch Elm enforcement could increase
the City's ability to concentrate on control of Oak Wilt. The City of Prior Lake
2030 Vision lists acquisition of land for preservation under Community Capital
Assets and preservation of natural areas under the Natural Resources Vision
Elements. In recent years the preservation and acquisition of lands containing
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oak trees has been a priority for the City Council. Failure to proactively contain
Oak Wilt could result in a substantial impact to the City's public and private
natural areas.
For the first time in several years the City detected some significant areas of Oak
Wilt within the eastern city limits. The estimated cost to remove and contain the
diseases on private parcels is in excess of $10,000 in several cases. Staff
believes this would present a significant financial strain on the affected
properties.
Based on the above, Staff recommends Section 602 of the City Ordinance be
modified to reflect the following:
1) The City will no longer enforce Dutch Elm Disease removal on private
property unless the tree poses a public safety issue.
2) The ordinance is modified to include hazardous trees.
3) Modifications be made in regards to the use of assessments as a method
of assisting residents with larger tree removal costs.
The Council should also be aware that, as written, the amended chapter would
also automatically apply to ash-related diseases by virtue of 602.401 (5).
Conclusion
The Council should determine if the proposed modifications are prudent and
consistent with the recommendations of the 2030 Vision and Strategic Plan.
ISSUES:
The City could get out of the tree inspection and removal business altogether.
There would be a savings in employee hours which could temporarily be
dedicated to other needs. Ultimately once the trees become diseased on private
property and infect those on public property, the City will have to invest in
employee time in removal and disposal of trees and the City will still lose money
and the aesthetic beauty of the many natural areas in our 900+ acres of parks.
We have amended the ordinance to delete Dutch Elm enforcement as healthy
significant trees of this species have been eliminated from the Prior Lake urban
forest. Hazardous tree enforcement has been added to the ordinance in those
instances where trees are endangering people or property.
For the City's enforcement efforts to be successful we believe it is most
appropriate to assist property owners in paying for tree removal. The financial
assistance is not in the form of a grant but rather in the form of allowing a
property owner to be specially assessed for up to a five-year period at a
maximum interest rate of 8% to pay for tree removal. In the instances referred to
in this report where the cost of removal exceeds $10,000, the yearly cost to the
resident is likely to be $200/month.
FINANCIAL
IMPACT:
Whether the City Council chooses to discontinue shade tree disease control
efforts, or continue as proposed in this report, there will be costs. The cost
associated with shade tree inspection is a more positive and proactive
investment than allowing oak wilt to decimate the urban forest without trying to
curtail it and without allowing time for tree replacement to effectively reforest
natural areas.
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At this time no residents have requested financial assistance; however, the total
cost to several properties tagged this year has not been determined. Should the
City receive requests for assistance a funding source would need to be
identified. At this time staff recommends the use of contingency funds should
the Council wish to proceed as proposed.
ALTERNATIVES: 1. Adopt the Ordinance Amendment Subsection 602 of the Prior Lake City
Code Dutch Elm and Oak Wilt Disease.
2. Discuss and make recommendations.
3. Take no action and leave the Ordinance "as is."
RECOMMENDED Alternative #1.
MOTION:
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AN ORDINANCE AMENDING SECTION 602 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 602 of the Prior Lake City Code is hereby amended to delete the section in
its entirety and to add the following language:
SUBSECTIONS:
602.100:
602.200:
602.300:
602.400:
602.500:
602.600:
602.700:
602.800:
602.900:
602.1000:
SECTION 602
HAZARDOUS AND DISEASED TREE ORDINANCE
DECLARATION OF POLICY
CITY FORESTER
EPIDEMIC DISEASE PROGRAM
NUISANCES DECLARED
INSPECTION AND INVESTIGATION
ABATEMENT OF EPIDEMIC TREE DISEASE NUISANCES
PROCEDURE FOR REMOVAL OF INFECTED TREES AND WOOD
TRANSPORTING ELM WOOD PROHIBITED
INTERFERENCE PROHIBITED
PENALTY
602.100:
602.200:
602.201
602.202
DECLARATION OF POLICY: The City Council has determined that the health
of oak trees within the City limits is threatened by fatal disease known as
oak wilt. It is further determined that the loss of trees growing upon public
and private property would substantially depreciate the value of property
within the City and impair the safety, good order, general welfare and
convenience of the public. It is declared to be the intention of the Council to
control and prevent these conditions and this Section is enacted for this
purpose.
CITY FORESTER:
Position Created: The powers and duties of the City Forester as set forth in
this Chapter are hereby conferred upon the persons or employees within
the City Managers office of the City whom he or she shall deem appropriate.
Duties: It is the duty of the Forester to coordinate all activities of the City
relating to the control and prevention of oak wilt disease and other epidemic
diseases of shade trees and the management and removal of hazardous
trees. The Forester shall recommend to the Council the details of a
program for the control of said diseases and shall perform the duties
incident to such a program.
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Phone 952.447.9800 / Fax 952.447.4245
602.300: EPIDEMIC DISEASE PROGRAM: It is the intention of the Council to conduct a
program of plant pest control pursuant to the authority granted by Minnesota
Statutes, section 18.022, as amended. This program is directed specifically
at the control and elimination of oak wilt, and it is undertaken at the
recommendation of the Commissioner of Agriculture for the State of
Minnesota. The City Forester shall act as coordinator between the
Commissioner of Agriculture and the City in the conduct of this program.
602.400: NUISANCES DECLARED:
602.401 Public Nuisances: The following conditions are public nuisances whenever
they may be found within the City:
(1) Any living or standing oak tree or part thereof infected to any degree with
the oak wilt fungus ceratocystis Fagacearum on public or private property.
(2) Any dead oak tree or part thereof, which in the opinion of the Forester
constitutes a hazard or disease proliferation, including, but not limited to,
logs, branches, stumps, roots, firewood or other oak material, which has not
been stripped of its bark and burned or sprayed with an effective fungicide
on public or private property.
(3) Other shade trees with epidemic diseases on public or private property.
(4) Any standing or fallen tree deemed hazardous to the public safety and
welfare as designated by the City Forester on public or private property.
602.402 Abatement: It is unlawful for any person to permit any public nuisance, as
defined in subsection 602.401, to remain on any premises owned or
controlled by him within the City. Such nuisances may be abated in the
manner prescribed by this Section.
602.403 Violations: Any owner of real estate in the City who is notified of the
existence of diseased trees on his property as provided in subsection
602.700(2) must, within twenty (20) days after receipt of said notice, cut
down said diseased trees and remove all parts, branches, stumps and
brush therefrom from the City, or take said parts, branches, stumps and
brush to a place that may be designated from time to time for the disposal of
the same in accordance with Minnesota State Statutes 18G.16.
602.500: INSPECTION AND INVESTIGATION:
602.501 InsDection Procedure: The Forester shall investigate all reported incidents
of oak wilt and other diseased shade trees and shall inspect all premises
and places within the City as often as practicable to determine whether any
condition described in subsection 602.400 exists thereon. Such inspection
shall be implemented in the following manner:
1. A complete survey of the City shall be made, all trees shall be
inspected and all diseased trees shall be marked.
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2. Diseased trees shall be treated, if feasible, and any diseased trees
which are not treated shall be removed within twenty (20) days from the
date in which they were certified as diseased.
3. Those untreated diseased trees which have not been removed within
the twenty (20) day limit shall be cited and, absent and agreement to the
contrary with the City, shall be removed either by contract parties or by
City employees. The cost of removal shall be assessed against the
property in the case of removal at City expense.
602.502 Entrv on Public and Private Places: The Forester or his duly authorized
agents may enter upon all public and private places at any reasonable time
for the purposes of carrying out any of the duties assigned him under this
Section.
602.503 Diaanosis: The Forester shall be responsible for diagnosis. The Forester
may elect to send appropriate specimens and samples to the Commissioner
of Agriculture or to any qualified laboratory for analysis, or take such other
steps for diagnosis as may be recommended by the Commissioner. If
specimen confirmation is required except as provided in subsection
602.700, no action to remove infected trees or wood shall be taken until
positive diagnoses.
602.600: ABATEMENT OF EPIDEMIC TREE DISEASE NUISANCES: In abating the
nuisances defined in subsection 602.400, the City Forester shall cause the
infected tree or wood to be sprayed, removed, burned or otherwise
effectively treated so as to destroy and prevent as fully as possible the
spread of epidemic diseases of shade trees, including but not limited to oak
wilt disease. To prevent root graft transmission of the diseases, a barrier
should be created between diseased and healthy trees by utilizing a
systemic fungicide for preventative treatment or by digging a trench thirty
inches (30") deep in the soil surrounding the diseased trees. Such
abatement procedure shall be carried out in accordance with current
technical and expert opinions and plans as may be designated by the
Commissioner of Agriculture.
602.700: PROCEDURE FOR REMOVAL OF INFECTED TREES AND WOOD: Whenever the
City Forester finds with reasonable certainty that the infestation defined in
subsection 602.400 hereof exists in any tree or wood in any public or private
place in the City, the following procedure applies:
(1) If the Forester finds that the danger of infestation of other oak trees is not
imminent because of the dormancy of the infected tree or trees, he shall
make a written report of his finding to the City Council which shall proceed
by:
a) Abating the nuisance as a public improvement under Minnesota
Statutes, Chapter 429; or
b) Abating the nuisance as provided in subsection (2) hereof.
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(2) If the Forester finds that danger of infestation of other oak trees is imminent,
he shall notify the abutting property owner by certified mail that the nuisance
will be abated by the City or its agent within a specified time, not less than
five (5) days from the date of mailing such notice. The Forester shall
immediately report such action to the Council and after the expiration of the
time limited by the notice, he may abate the nuisance.
602.701 Upon receipt of the Forester's report, described in subsection 602.700, the
City Council shall by resolution order the nuisance abated. Before action is
taken on such resolution, the Council shall publish notice of its intention to
meet to consider taking action to abate the nuisance. This notice shall be
mailed to affected property owners and published once no less than four (4)
days prior to such meeting. The notice shall state the time and place of the
meeting, the streets affected, the action proposed, the estimated cost of the
abatement, and the proposed basis of assessment, if any, of costs. At such
hearing or adjournment thereof, the Council shall hear property owners with
reference to the scope and desirability of the proposed project. The Council
shall thereafter adopt a resolution confirming the original resolution with
such modifications as considered desirable, and the Council shall provide
for the doing of the work by day labor or by contract.
602.702 The Forester shall keep a record of the costs of abatements done under this
Chapter and shall report monthly all work done to the City Manager or other
appropriate officer for which assessments are to be made, stating and
certifying the description of the land, lots, parcels involved and the amount
assessable to each.
602.703 On or before September 1 st of each year, the Manager shall list the total
unpaid charges for each abatement against each separate lot or parcel to
which they are attributable under this Section. The Council may then
spread the charges or any portion thereof against the property involved as a
special assessment under Minnesota Statutes, section 429.101, as
amended, and other pertinent Statutes, for certification to the County
Auditor and collection the following year along with current taxes.
602.704 In all cases where the removal necessitates assessment, the following
conditions apply:
(1) The property owner, other than owners who are senior citizens, age sixty
five (65) or over or in retirement, shall immediately be charged twenty five
percent (25%) of the cost of removal.
(2) The balance of the cost shall be assessed against the property subject to an
interest rate not to exceed eight percent (8%)on the amount of the unpaid
principal.
(3) The term of the assessment shall be from one to five (5) years according to
the following schedule:
Assessment Amount
Term
$1,000.00 or less
1 year
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$1,000.00 or more
5 years
(4) Assessments of the property of senior citizens (65 years of age or older) is
to be the maximum five (5) year term regardless of amount.
602.800: TRANSPORTING DISEASED WOOD PROHIBITED: It is unlawful for any person
to transport on public roads within the City any bark-bearing diseased wood
without having obtained permission from the City Forester. Said Forester
shall grant such permission only when the purposes of this Section will be
served thereby.
602.900: INTERFERENCE PROHIBITED: It is unlawful for any person to prevent, delay or
interfere with the Office of the City Forester or its agents while engaged in
the performance of duties set forth in this Section.
602.1000: PENALTY: Any person who violates subsections 602.403, 602.900 and
602.1000 is guilty of a misdemeanor and may be punished by a fine of not
to exceed one thousand dollars ($1,000.00) or imprisonment for ninety (90)
days.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 3rd day of December, 2007.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 8th day of December, 2007.
Drafted By:
Prior Lake Public Works Department
17073 Adelmann Street SE
Prior Lake, MN 55372
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