8. City Code Amendment Relating to the Control and Prevention of Dutch Elm Disease and other Arboreal Diseases within the CityCITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Jill Kimsal, Forestry Intern
DATE: October 18, 1994
SUBJ: Diseased Shade Tree Ordinance
Aetion by City AdrtRbT
En clnr�rt� 7�i.tJ�'`
1hlodif+e
bwe
Pe e - - /6 - i' e f — y
Date Submitted to Commission
Date Submitted to CowW
At the last City Council meeting held October IM, 994, the diseased shade tree ordinance
was tabled. Of concern to the Council were tree1ssues: specifying the full or part-time
status of the City Forester, special assessments foreses of hardship, and the establishment of
a community wood chipping site. Presently, but one of the issues have been resolved.
The clause "full or part- time" has been added in order clarify the city's options for
retaining a city forester or tree inspector:-'-,` Secondly, tlfg of special assessments has
been attended to by adding to Section 13.35(f), statements taken directly from the Minnesota
State Statute concerning hardship cases. Now an assess rra nt may be deferred in cases where
the homestead owner is 65 years Qr older, retired, and/or abled.
The last item, a chipping s'i is currently still up in the air' taff is working with Carver
County Environmental Services in an attempt to set up a site where chipping of brush and
1 small diameter logs cfluid::oceuur� site that.�.pnposting and chipping appears
a possibility. .... ,_. �.
Staff believes the three proviously_stated issues have been addressed f though to
recommend adoption of the diseag6difft ; Ordinance ,...
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 #1."
I �
Don Ashworth
October 18, 1994
Page 2
ATTACHMENTS
' 1. Ordinance amendment.
2. City Council minutes dated October 10, 1994.
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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. ,
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 full or part -time 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.
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
i
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 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 faaacearum
(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 any person, firm, or corporation to permit any public nuisance as
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
1 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
' storage be permitted. Authorization for storage per this ordinance shall only be permitted
for residential premises.
Sec. 13 -33. Inspection and Investigation.
OA
(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. '
(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 '
3
scarlet oak (Quercus coccinea) Methods of disposal include burning, 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.
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1
(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.
ATTEST:
Don Ashworth, City Manager
(Publish in the Chanhassen Villager on
Donald J. Chmiel, Mayor
, 1994.)
4
City Council Meeting - October 10, 1994
Mayor Chmiel: Okay. Motion with a second. Any other discussion as per Council's recommendation. '
Councilman Senn moved, Councilman Mason seconded to approve Conditional Use Permit #945 to allow
a recreational beachlot on Outlot A in Minnewashta Landings Subdivision, subject to the following ,
conditions:
1. All provisions of Section 20-163 pertaining to recreational beachlots shall be adhered to. ,
2. Verify water depth and submit the appropriate configuration of dock. The dock must be within the dock
setback zone. The dock shall have a maximum of three (3) boats docked overnight with a maximum of 18
canoes stored on shore. '
3. The applicant shall apply for a permit from the city on an annual basis prior to installation of the portable
chemical toilet. The portable chemical toilet shall only be permitted from Memorial Day to Labor Day and '
shall be removed from the beachlot during the rest of the year. The width of the trail and the location of the
landscape plantings shall be designed to allow for the annual removal of the toilet facility.
4. The Council shall hold open the issue of imposing a condition on the gazebo pending the public ,
hearing to amend the City Code before the Planning Commission.
5. Consideration should be given to the construction of a pull off lane so as not to create a traffic problem ,
along proposed Landings Drive.
All voted in favor and the motion carried unanimously. — _– _ —_ — ^- I
ZJi JVJ APIA UjLnrl% AlIDVRGtfL MAOrW%0Cn7 TVlilili1 aaau vi A. '
Jill Kimsal: Good evening Mayor and Council members. I'm Jill Kimsal, the forestry intern ... Staff is
recommending an ordinance that covers diseased elms ... The ordinance basically helps for the removal of...what
can and can't be done by the homeowner and whether... On September 21st the Planning Commission '
unanimously recommended the adoption of this ordinance. I'll be happy to answer any questions.
Mayor Chmiel: Okay, thank you Jill. The question I have, and in going through the ordinance under Section '
13 -28, Forester. Thereby creating a position as a forester within the city. I'm not in agreement with that. I
don't know if we really need a city forester on a full time basis. I think there are other ways that we can do that
kind of review with county or the DNPL
Kate Aanenson: Or a part -time intern. '
Mayor Chmiel: Or a part -time intern. That could come on board during the given year.
Kate Aanenson: We do not...require a full time position...
Mayor Chmiel: Okay, but it doesn't really read that way. '
Jill Kimsal: Well it does give an option. City forester or tree inspector...
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City Council Meeting - October 10, 1994
' Mayor Chmiel: Okay. With that then I don't have any real problem.
Roger Knutson: Just as the city has a weed inspector...
' Councilman Mason: Now I've never seen him out in our neighborhood.
' Mayor Chmiel: That's right because I delegated.. Questions, Richard
Councilman Wing: Yes. I think that this can be very costly for people. Including people like me and
' sometimes burning if necessary, which brings up our Fire Marshal and all this State rules and regulations that a
state measure and I think sometimes maybe we have to, I'm concerned about the burning permit. If we go by
the book in just rendering in black and white, there isn't anybody in the city that can burn. I mean this stuff's
going to have to be burned. There comes a point that somebody's yard may have to burn some of these. I'm
' concerned about those burning permits. I'm concerned about the cost to the community and the need to burn
and if we're going to burn, the incompatibility with fire code. I'm not sure how to go about that. I was going to
say, I would tend to be flexible and give and take on this issue a little bit. And I don't know how we would
' approach the Fire Marshal on that.
Jill Kimsal: Yeah. A lot of, you know the number of diseased trees in this city is significant but not
overwhelming by any means ... chop them up into firewood...
Councilman Wing: Okay.
' Mayor Chmiel: Normally what you do is chop them up and set them outside and set them by the road and
somebody will come by and pick it up and you won't have to worry about it.
' Councilman Senn: And spread the disease even more.
Mayor Chmiel: Okay, anything more Richard?
' Councilman Wing: No.
Mayor Chmiel: Okay, Colleen.
' Councilwoman Dockendorf. Well I don't have any questions on this ordinance but Jill, as long as you're here,
maybe you could answer a question for me. The trees on the south side of Highway 5, right across... what is the
condition of those?
Jill Kimsal: ...the street supervisor and Diane Desotelle, the Water Resource Engineer, nobody really has a real
straight answer on it but the latest I've heard is that there's a draintile behind—block up. Therefore all of that
has become flooded and it's slowly increasing because that draintile's blocked up so...a few more trees are going
to end up...
I Councilwoman Dockendorf: Thanks.
I�
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City Council Meeting - October 10, 1994 1
Councilman Mason: I don't have any questions about the ordinance. I want to know, and I don't need to know '
now, and I can't. Councilwoman Dockendorf won't let me use proactive anymore so I'm trying to think of
another term but. ,
Councilwoman Dockendorf: That is untrue. That is so untrue.
Councilman Mason: What are we doing about oak wilt? '
Jill Kimsal: What am I hearing about it?
Councilman Mason: No, no. I mean what is the city, and I don't need a half hour tonight but are we taking a '
stand? I mean is there anything that can be done about oak wilt? I mean there are a lot of oaks in the city.
Jill Kimsal: Yeah, right now in this city I don't know of any infected oaks. I haven't seen too many dead oak '
trees either which leads me to believe that it hasn't been a problem in the past either. What this would do, and
the usual process for ... is to trench around that tree which disconnects it roots from anything else connected to it
thereby stopping the transmissions to other oaks ... cut down that tree. This is kind of proactive or preventive in '
the ... if that is a very problem area ... but otherwise, without the homeowners...
Councilman Mason: Sounds good. ,
Mayor Chmiel: Okay, Mark. ,
Councilman Senn: I guess, I don't know if it's a question or if it's a concern but my understanding is that most '
cities that I'm aware of that have passed ordinances like this, have had some type of provision in them related to
economic hardship and I don't see that in here at all. That really concerns me because again, I mean I've seen
these in other cities and there's always a provision there which has a situation set up to deal with that where '
either the city does it or there's some participation by the city or there's some method to do it. I mean there are
a number of people on fixed incomes who can't physically go than the chainsaw and cut it up for firewood or
whatever. We under play the severity and I mean sometimes it can be very severe. I mean you can have a half
a dozen trees hit in the same yard very quickly at one time and that really concerns me I guess and I'd like to '
see that issue addressed in whatever we push forward and at least from my standpoint I'd like not to see this go
forward unless that provision's in there.
Jill Kimsal: True. I'm pretty familiar with a couple others in diseased tree ordinances. I know that this was ,
based on the State and a few other communities existing ordinances. Now there wasn't that condition in any of
those in there and I can understand that tree removal really adds up. However, you know the elms I see around ,
here, they are small and I can understand you know, usually what can happen is the homeowners get in direct
contact with me and if I know they need help cutting down trees or something like that, I'm sure we can find
volunteers to do that. The real expenditures are going to come if we ever have oak wilt because those are
generally larger trees around here. As far as economic hardships you know, I'm not sure how much ... make a
budget for this or...
Kate Aanenson: I think that's something we could look at. We do have money in the budget for reforestation. '
That's... petition the Council and put together...
City Council Meeting - October 10, 1994
' Councilman Senn: The other thing I had was related somewhat to what Richard brought up as it relates to
burning. Have we investigated the possibility at all with the County or whatever in terms of a central chipping
site or anything on this stuff? Again, some counties or some cities have done that.
' Jill Kimsal: Yeah. I haven't investigated it but that would be an idea that would be very helpful for people to
know if they're going to get that done ... but I'm not aware of anything in place right now...
' Councilman Senn: I know Minnetonka has a set up like that. I know St. Paul does.
' Jill Kimsal: I've talked to the Street Supervisor and he wasn't very positive about the extra work load that that
poses...
Kate Aanenson: We can work with Carver County on that certainly...
t Mayor Chmiel: Alright, anything more?
' Councilman Wing: Tell me about that hardship again, because I'm thinking of one tree next to my house that's
going to cost $1,000.00 to get out of there. It's just, what if I'm retired on a fixed income? How do I come up
with $1,000.00 to get that tree down? That you're requiring.
' Councilman Senn: That's the program we're talking about. The program I've seen Dick even gets more
extensively, I mean there's actually, I mean some houses get hit with 6 at the same time and 6 substantial trees
and they maybe are not an elderly person on a fixed income. It's still a real financial burden. I don't know if
' they still have it but I know St. Paul had a very extensive program to do that as well as I think they even had
some built in deals too where they could have it put on a no interest assessment thing and pay it off over time.
But they had some direct subsidy or direct grant types of things too and stuff so I thought we should really look
t at that and incorporate it.
Councilman Wing: Yeah, I'd like to see this tabled until that's identified.
' Mayor Chmiel: Yeah, I agree with that because I know a certain person who had 17 trees on their property and
13 of them were bad. Consequently that was a bundle. And that's when Dutch elm disease was still going.
That's a lot of dollars and those are things I think we do have to look at. So with that we have a motion on the
' floor.
Councilman Senn: I move to table.
' Mayor Chmiel: To table with the recommendations and suggestions and ohl Before the second is put, I would
like to also put into Section 13 -28, the position of a part time city forester. Well, maybe we should put a full or
part time into it. That way we don't have to come back and amend the ordinance, if we have to. I'm not in
' agreement with the full time.
Councilman Senn: But if we table this tonight, can't we discuss that at the budget?
Mayor Chmiel: But I want them to bring that to the attention and bring it back as well.
' Councilman Wing: Well just clean up 13 -28(a) and maybe it says it all right there, I don't know.
42
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City Council Meeting - October 10, 1994
Mayor Chmiel: Okay, a motion on the floor. Is there a second?
Councilman Mason: Yeah second.
'
Councilman Senn moved, Councilman Mason seconded to table an amendment to the City Code relating
to the control and prevention of Dutch Elm and other Arboreal Diseases within the city. All voted in
favor and the motion carried. The item was tabled.
'
Mayor Chmiel: Mark, Consent items (e) and (f).
1(E)- CITY CODE AMENDMENT CONCERNING LEGISLATIVE SALARIES, FINAL READING.
'
Councilman Senn: I pulled item (e) for a reason and the reason is I guess, if the City Council, or let me preface
this by saying, what's being suggested for an increase I think we all well deserve and we all put in a lot of hours
'
to get it. So I'm not taking issue with that. What I'm taking issue with is the public process. If we're going to
raise our salaries, I don't think it should be on the consent agenda twice and termed something like city code
amending concerning legislative salaries. I don't think a citizen in this city has the foggiest idea we're doing it
'
and I think they ought to have the opportunity to comment on it if they want. I hate to say it but first reading
slipped by me gang. And I thought... reading and to me that's not right. I think we ought to.
Mayor Chmiel: Maybe you didn't look at your packet.
'
Councilman Senn: Again, it's just, it's a public process issue but I think it's something that shouldn't be buried
on the consent agenda twice in a row. At least if you're going to do that, at least say raise City Council salaries
'
or something so they know what the heck we're talking about. That's my only point.
Mayor Chmiel: Okay. I've had discussions with a few people within the community and those who I thought
probably would raise voices the most hard and they didn't have any real objective and they said, is that what you
'
really make. No, you know. And no, no. I'm just saying because I felt the same way. I wanted people to
know that this is really taking place. But with that, depending upon the balance of Council, whatever your
feeling is, Colleen.
'
Councilwoman Dockendorf. I think you're absolutely right Mark. It does smack of sliminess. I think it was, I
think it's accurate to say it was hidden in what it was called and I'd be open to putting it on the full agenda next
'
time.
Mayor Chmiel: Put it on the next Council meeting agenda. '
Councilwoman Dockendorf: Yeah, if that's what the balance of the Council wants, I don't have a problem with
that. '
Mayor Chmiel: Okay, sounds good. Would you put it on the next Council agenda meeting.
Don Ashworth: Sure. '
Councilman Mason: Fine. But I personally don't think it's slimy. We don't, well okay. I can accept that it
may not be good public process but you know, that is a real tough one because who, giving yourself a raise is a '
43 '