1k. City Code Amendment-Control and Prevention of Dutch Elm DiseaseI MEMORANDUM
Ll
CITY OF 1k.
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
Action rY City Ad iq}si of
FROM: Jill Kimsal, Forestry Intern
DATE: November 22, 1994 -
SUBJ: Second and Final Reading of Diseased Shade Tree Ordinance Amendment and
Approval of Summary Ordinance for Publication
BACKGROUND
The diseased shade tree ordinance was scheduled for a second and final reading at the last
City Council meeting held on November 14, 1994. The item was tabled pending a resolution
of the city forestry position and further explanation of the deferment specifications.
ANALYSIS
According to City Council request, Section 13 -28 will read as follows: "The position of a
part -time or intern City Forester or Tree Inspector is hereby created within the City."
In response to the Council's request for more information concerning deferments, please find
attached a letter of explanation about the state statute and city ordinance from the city
attorney (see Attachment #1).
RECOMMENDATION
Staff is recommending the City Council adopt the following motion:
"The City Council approves the adoption of the diseased tree ordinance as shown in
Attachment #2 and approval of the summary ordinance for publication as shown in
Attachment #3."
Don Ashworth
November 22, 1994
Page 2
ATTACHMENTS
' 1. Letter from Roger Knutson.
2. Ordinance amendment.
' 3. Summary Ordinance.
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CHt'1PBELL , t rl tdl_!TSCIN , SCOTT G FUCHS , P . R
Ho, 2 94 11 '- t ci . P.
CAMPBELL, KNUTSON, SCOTT & FUCI IS, P.A.
Attorncy,� iit L kN
Thc,riia ). Cony l cll (612) 4i2,5000 ,
Roper N. Knutmin Fax (012) 452 -5550
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t;31111'� R, 1 %Ikt('n
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jdi..;ih:rh A. Lir.l_:r
Andred Mcthowdl Ihc111cr
November 17, 1994
Donald J. Chmiel, Mayor
Mike Mason, Councilmember '
Richard Wing, Councilmember
Colleen Dockendorf, Councilmember
Mark Senn, Councilmember
RE: DISEASED TREE ORDINANCE '
Dear Mayor and Councilmembers:
At the last City Council meeting the question was asked if we could
expand the basis on which hardship deferments could be granted if the cost of i
cutting down a diseased tree, is specially assessed against property.
The City's right to specially assess is created by statute. In this case the '
statute is a "cookbook" and the City does not have the authority to deviate
from it. Minn. Stat. § 435.193 states:
Notwithstanding the provisions of any law to the contrary, any
county, statutory or home rule charter city, or town, making a special
assessment may, at its discretion, defer the payment of that
assessment for any homestead property owned by a person 55 years '
of age or older or retired by virtue of a permanent or total disability
for whom it would be a hardship to make the payments. Any county,
statutory or home rule charter city, or town electing to defer special
assessments shall adopt an ordinance or resolution establishing '
standards and guidelines for determining the existence of a hardship
and for determining the existence of a disability, but nothing herein
shall be construed to prohibit the determination of hardship on the
:Suit( 31 7 Office. CcntCr • 1380 C>r }lomte Center Curve • 1<<ip:�n, N N 55121 1
CRMFBELL , KNUTSON , SCOTT & FUCHS , P . R
Chanhassen City Council
November 17, 1994
Page 2
basis of exceptional and unusual circumstances not covered by the
standards and guidelines where the determination is made in a
nondiscriminatory manner and does not give the applicant an
unreasonable preference or advantage over other applicants,
The City also has the right to defer the payment on special assessments
on "unimproved property ", Minn. Stat. § 429.061, and to ease the pain by
spreading payments out over up to ten years.
No v t2' , 94 11 ' 59 No . 002 P.0
Very truly yours,
RNK:srn
KNUTSUN, Scow
& FUCHS.A.
oger N. Knutson
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA '
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE, '
RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OTHER
ARBOREAL DISEASES WITHIN THE CITY OF CHANHASSEN '
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Chapter 13 of the Chanhassen City Code is amended by adding Article IV ,
to read:
ARTICLE IV. CONTROL AND PREVENTION OF DISEASED TREES. '
Sec. 13 -27. Declaration of Policy. 1
The City of Chanhassen has determined that the health of the Elm and '
Oak trees within the municipal limits is threatened by the fatal diseases known as Dutch Elm
disease and Oak Wilt disease and by other epidemic diseases of shade trees. It has further
determined that the loss of Elm and Oak and other shade trees growing upon public and '
private property will 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 the spread of these diseases and this ordinance '
is enacted for that purpose.
Sec. 13 -28. Forester. '
(a) Position Created. The position of a part -time or intern City Forester or Tree
Inspector is hereby created within the City. The City Forester or Tree Inspector must meet '
the qualifications as defined in Minnesota Statutes Sections 1505.0050, 1505.0070, and
1505.0080. '
(b) Duties of Forester. It is the duty of the Forester to coordinate all activities of
the municipality relating to the control and prevention of Dutch Elm disease and Oak Wilt '
disease and other epidemic diseases of shade trees and perform the duties incident to such a
program.
Sec. 13.29 Shade Tree Disease Program.
It is the intention of the City Council to conduct a program of plant pest control
' pursuant to the authority granted by Minnesota Statutes Sections 18.022 and 18.023. This
program is directed specifically at the control and elimination of Dutch Elm disease fungus
' and elm bark beetles and Oak Wilt fungus and is undertaken at the recommendation of the
Commissioner of Agriculture. The City Forester shall act as coordinator between the
Commissioner of Agriculture and the mil City in the conduct of this program.
' Sec. 13.30 Nuisances Declared; Abatement; Firewood Storage.
' Nuisances Declared. The following are public nuisances whenever they may be found
within the City of Chanhassen:
(a) Any living or standing elm tree or part thereof infected to any degree with the
Dutch elm disease fungus Ceratocvstis ulmi (Buisman) Moreau or which harbors any of the
elm bark beetles Scolvtus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh).
(b) Any dead Elm tree or part thereof, including logs, branches, stumps, firewood,
or other Elm material from which the bark has not been removed as provided in Minnesota
' statute 4.03.
(c) Any living or standing Oak tree or part thereof infected to any degree with the
' Oak Wilt fungus Ceratocvstis fagacearum
(d) Any dead tree in the Red Oak group, or part of any such tree, including logs,
' branches, stumps, firewood, or other Red Oak material from which the bark has not been
removed.
(e) Other shade trees with epidemic diseases.
Sec. 13 -31. Abatement.
' It is unlawful for an person, firm, or corporation to permit an public nuisance as
YP rP P YP
' defined in Section 13.30 to remain on any premises owned or controlled by him within the
City of Chanhassen. Such nuisance may be abated in the manner prescribed by the ordinance
in addition to the criminal penalties provided for in this ordinance.
' Sec. 13 -32. Elm and Oak Wood Storage
' Stockpiling and storage of elm logs and branches with bark intact or tight - barked
wood from an infected tree in the Red Oak group is prohibited except during the period
September 15 through April 1 of the following year. Only during this period shall such
2
storage be permitted. Authorization for storage per this ordinance shall only be permitted for
residential premises.
Sec. 13 -33. Inspection and Investigation. '
(a) Annual Inspection. The Forester shall inspect all premises and places with the '
city as often as practicable to determine whether any condition described in Section 13.30 of
this Ordinance exists thereon. He /She shall investigate all reported incidents of infestation by
Dutch Elm fungus or elm bark beetles, or Oak Wilt, or other epidemic diseases of shade '
trees.
(b) Entry of Private Premises. The Forester or his/her duly authorized agents may '
enter upon private premises at any reasonable time for the purpose of carrying out any of the
duties assigned him/her under this Ordinance.
(c) Diagnosis. The Forester or his/her duly authorized representatives shall identify '
diseased trees by generally accepted field symptoms such as wilting, yellowing of leaves, or
staining of wood in accordance with Minnesota Department of Agriculture Rules and '
Regulations AGR 106. Laboratory confirmation by the Minnesota Department of Agriculture
will be used only when it is necessary.
Sec. 13 -34. Abatement of Shade Tree Disease Nuisances '
In abating the nuisances defined in Section 13.30, the 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, Dutch Elm disease fungus, elm bark beetles, and Oak Wilt Disease. Such '
abatement procedures shall be carried out in accordance with current technical and expert
opinions and plans as may be designated by the Commissioner of Agriculture.
Sec. 13 -35. Procedure for Removal of Infected Trees and Wood ,
(a) Forester's Abatement Order. Whenever the Forester finds with reasonable '
certainty that one or more of the infestations defined in Section 13.30 exists in any trees or
wood in any public or private place, the owner shall be notified and ordered to remove the '
same in a manner approved by the Forester. If the owner fails to comply with the order, the
City Manager may act to abate the nuisance. In the event that the owner cannot be contacted,
the City shall send notice by certified mail to the last known address of the owner of record, '
and shall then proceed forthwith to abate the nuisance.
(b) Methods of Disposal of Diseased Elm Trees. All diseased elm trees including the '
above ground parts thereof shall be properly disposed of by such methods including
debarking, chipping, and utilization.
3
I
(c) Removal and Disposal of Diseased Trees in the Red Oak Group. All diseased
oak trees in the red oak group that wilt in July and August shall be identified, marked, and
removed by April 1 of the following year in order to eliminate any spore formation on them
' the following May or June. Trees in the northern red oak group include the northern red oak
(Quercus rubra) northern pin oak (Quercus ellipsoidalis) black oak (Quercus velutina) and
' scarlet oak (Quercus coccinea) Methods of disposal include chipping and utilization.
(d) Control of Overland Spread of Oak Wilt. To control the overland spread of the
' disease, the City shall avoid pruning or other mechanical damage during the most susceptible
period of May and June. The City Forester may determine that emergency pruning by utility
companies is necessary during this susceptible period if trees interfere with utility lines. If
' wounding is unavoidable during this period, as in the aftermath of a storm or when the tree
interferes with utility lines, a tree wound dressing shall be applied.
' (e) Stumps of Diseased Elms and Oaks and Other Trees Affected by Arboreal
Disease. Stumps of all elm and oak trees shall be removed or debarked to the groundline to
eliminate all possibilities of beetle habitation or possibilities of spore formation.
(f) Special Assessments. From time to time, the City shall list the total unpaid costs
of abatement attributable to each separate lot or parcel of land in this City. The council then
' may spread said costs or any portion thereof against the property involved as a special
assessment under Minnesota Statutes, Chapter 429 and other pertinent statutes, for
certification to the county auditor and collection the following year along with current taxes.
' Council may consider deferments for hardship. The assessment may be deferred on
homestead property if the owner is a person 65 years of age or older who is retired and /or by
virtue of total or permanent disability for whom it would be a hardship to make the payments
for tree removal(s).
Sec. 13 -36. Interference Prohibited.
It is unlawful for any person to prevent, delay or interfere with the Forester or his/her
agents while they are engaged in the performance of duties imposed by this Ordinance.
' Sec. 13 -37. Penalty.
' Any person, firm, or corporation who violated this Ordinance is guilty of a
misdemeanor.
' Section 2 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED by the Chanhassen City Council this day of
1994.
4
ATTEST:
Don Ashworth, City Manager
(Publish in the Chanhassen Villager on
Donald J. Chmiel, Mayor
v
5
, 1994.)
n
SUMMARY ORDINANCE 229
ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE,
RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OTHER
ARBOREAL DISEASES WITHIN THE CITY OF CHANHASSEN
All elms and oaks, infected with Dutch elm disease and oak wilt respectively, will be
required to be removed. Disposal of infected wood may be by debarking, chipping, and
utilization. Inspections will be performed by a certified tree inspector who will inform
homeowners of infected trees. If a homeowner fails to remove the infected tree(s) within a
said amount of time, the city will do so and assess the cost to the property. Deferments of
the assessment will be open to consideration by the Council.
I Passed and adopted by the Chanhassen City Council this 14th day of November, 1994.
Kathryn R. Aanenson, AICP
Planning Director
(Published in the Chanhasasen Villager on November 24, 1994.)