8. City Code Amendment Relating to Control and Prevention of Dutch Elm and othe rArboreal Diseases within the Cityr
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CITY OF 9
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Jill Kimsal, Forestry Intern
SUBJ: Diseased Shade Tree Ordinance
DATE: September 14, 1994
BACKGROUND
Action by City Administrator
I rs� ✓ Q w lk
Mod
IRe lacte+
Date Submitted to Commission
Date Submitted to Council
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The City of Chanhassen remains one of the fev metro communities without a diseased tree
ordinance. Citizens' concerns have made this � socially and environmentally important issue.
Property owners have called to report a suspected case of Dutch elm disease, however, there
' is no action that the city can take to see that:'the diseased tree(s) is removed as it should be.
While the number of diseased trees in the city are significantly less than epidemic, being
without an ordinance puts the city's elms Arid oaks at hjgh risk.
The original diseased shade tree ordinance was adopted b, the council in 1975. Later
amendments were made in 1978 and.1979. Attached is "opy of this ordinance. When the
city code was revised in 1988, the�:diseased shade tree ordinance was not included. In order
to effectively deal with diseased fees in the city, a diseased" ordinance must again be
adopted.
ANALYSIS
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Presently, the main concern in Chanhassen is control of &seas `trees .; Numerous
diseased elm trees are left standing year after year throughout the city, The" trees serve as
infection sites by means of underground' i Xot rafts aad.s, reeding "-sites for the elm bark
beetles, vectors of the fungal disease. These idiseased elms need to be removed and properly
disposed; they are threats to other healthy elrk re, in the owner's yard and the neighbor's as
well.
Fortunately, the city has so far been spared the destructiveness of oak wilt. Unfortunately,
surrounding communities haven't been so lucky and have numerous infection sites throughout
their cities. Chanhassen, with its many beautiful oaks, needs to be prepared for the spread of
this fatal disease into the community by having a diseased shade tree ordinance in place.
MEMORANDUM
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Planning Commission
September 14, 1994
Page 2
Staff has drafted an ordinance that incorporates aspects from diseased shade tree ordinances in
various cities and from the Minnesota State Ordinance. By creating our own ordinance,
instead of adopting the state ordinance, we tailor the requirements and obligations of the city.
The three defining factors for the city are money, time, and commitment. While there may
not be much money to spare for a control program, the commitment appears to be high and
time is available. Adopting a nuisance only ordinance would allow the city to implement a
diseased tree program without much expense and maintain the city's respect and concern for
the general health of its natural resources.
PLANNING COMMISSION UPDATE
Planning Commission was presented with the ordinance at a public hearing held September
21, 1994. The Commission agreed with the staff's recommendation to adopt a diseased tree
ordinance with changes to be made in the following sections: 13.32, 13.35.e, and 13.36.
Those changes have been highlighted in bold. The Planning Commission unanimously
recommended adoption of the diseased tree 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 #l."
ATTACHMENT
1. Ordinance amendment.
2. Previous ordinances.
3. Planning Commission minutes dated September 21, 1994.
ir
CITY OF CHANHASSEN F-
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 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 coordina
'
— EliTelL1n anc� rnntrnl of thP. e d.o? 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 adopted by the Council.
,
Sec. 13.29 Shade Tree Disease Program. 1
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
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Commissioner of Agriculture. The City Forester shall act as coordinator between the
Commissioner of Agriculture and the eoffilM 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
t Dutch elm disease fungus Ceratocvstis ulmi (Buisman) Moreau or which harbors any of the
elm bark beetles Scolvtus multistriatus (Eichh.) or Hylurgopinus rufiues (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 any person, firm, or corporation to permit any public nuisance as
defined in subsection 4.01 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
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 4 of this
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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 4 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 burning,
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 '
scarlet oak (Quercus coccinea) Methods of disposal include burning, chipping, and
utilization.
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 conf rtnation 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 4, 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 4 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 burning,
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 '
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 b
O P y 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 Manager 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, Chapters 18 and 429 and other pertinent
statutes, for certification to the county auditor and collection the following year along with
current taxes.
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. J.�
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Any person, firm, or c ration who violated this Ordinance is guilty of a
misdemeanor, and upon conviction thereof may be punished by a fine not to exceed Three
Hundred Dollars ($300.00).
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.)
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Planning Commission Meeting - September 21, 1994
I mo,
L-
5. The applicant shall supply a turn out space for a vehicle so as not to cause traffic
problems. ,
All voted in favor and the motion carried.
PUBLIC HEARING:
AMENDMENT TO THE CITY CODE RELATING TO THE CONTROL AND ,
PREVENTION OF DUTCH ELM AND OTHER ARBOREAL DISEASES WITHIN
THE CITY.
Scott: I'd like to welcome Jill Kimsal to our meeting and I can say we had Jill come out to '
our property and look at some trees and she was very knowledgeable and very courteous and
that comment was made to your boss. So now that you're totally embarrassed and stuff, let's '
hear your report.
Jill Kimsal presented the staff report on this item. '
Scott: Good, thank you very much. Any questions? Comments. '
Nutting: Are you conflicted in this? Is there any monetary future benefit to be gained?
Scott: Conflict of interest here. '
Aanenson: The ordinance does require that we have someone that's available on a part time '
basis. It isn't full time. Just so you know, we're going through the budget process with this.
Jill's done a great job for the city this summer and what we've done is, what we're proposing
in the budget is to keep her on 3 days during the winter ... some of the stuff that Diane t
Desotelle is working on with storm water and lake management inventory and looking at trees
and some of those sorts of things so then we'll have Jill on again next summer. But what
this does require, and we talked about this in the budget last year is having someone available '
all summer. We're just at that level with the environmental issues that the city has and trees
is one of those things.
Ledvina: Tree preservation. '
Aanenson: So we need someone available and Jill has done a great job helping us manage '
that. And also she ... erosion control, the solid waste element of vegetation. Those sort of
things.
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Planning Commission Meeting - September 21, 1994
' Scott: May I just ask you a question. Just a question for Jill. In the last issue of Planning
magazine that we get, there was a specific issue, did you see that?
' Aanenson: Yeah, we read that. I was going to include that in your packet about tree
ordinances.
Scott: Yeah. But to increase, I think it was they wanted, if you have a grade level of the
' root system, the top of the root system, and then you have to fill in around, I think they were
recommending going from what, like 5 times the root ball or something like that which is, it
exceeds.
Aanenson: We looked at that ordinance but one of the things that I think Bob and I were
talking about too is that our ordinance is a little bit different. We went back with the
' significant in the canopy. Again your ... closer to matching individual trees which we found.
Scott: And we're doing canopy instead.
' Aanenson: So we're looking at, yeah. We're looking at the bigger picture which we think,
we think it works a lot better. ...plats where we had individual trees...
Kimsal: Yeah, and just my experience throughout the summer dealing with developments.
You know saving single trees was just really hard to do because the developers, the
' contractors, the builders don't really see the significance of a single tree in the front yard.
It's a lot easier for them to infringe on that, the root system of that tree rather than a whole
grove.
' Aanenson: Going back to this ordinance and conflict, let me answer that question.
Nutting: I was in jest.
Aanenson: What this does in part is someone that's available. Now you don't have to keep
that person on full time but we've committed in last year's budget that we do have an intern
available to do this. The good news though is that Jill will be working on too as a part of
this is there's money available to become a Tree City USA and that's one of the first things
she'd be working on and there's quite a bit in that.
Scott: He alright. Can we put that on a sign?
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Aanenson: There's money available for that and also going back to this, if there are diseased
trees, we can work out a program to help reduce the cost to the homeowner and so that's
being introduced. The purpose really is to get rid of diseased trees that are a problem and not
16
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Planning Commission Meeting - September 21, 1994
to necessarily penalize the homeowner. To try and get those taken care of so we think this is
a way to do that's not punitive. - It's again, matching a resource that we have... I
Farmakes: What potentially could happen to a homeowner that may have 20 acres and they
have, I want to say a farm area where they may have 10 -12 acres of heavy forests. In that
heavy forests maybe several trees that maybe require eradication. Which could be several
thousand dollars.
Kimsal: Not necessarily. I believe it was kept in the ordinance that one of the procedures '
for removal or elimination of diseased tree is girdling within an area where there's no safety
concerns whatsoever. So if somebody did have 20 acres and they had, and usually in that '
case we're going to have elms that are 6 inches or less. It's usually a small diameter tree
that's going to have this situation. And in that case, it's easy enough for them just to go
around and girdle up the trees. There'd be no cost to them. '
Farmakes: Okay, what's girdle?
Kimsal: Oh girdle is to take at least 2 inches of bark off entirely around the diameter of the I
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tree. The circumference of the tree. '
Ledvina: From the bottom?
Kimsal: Just take the bark off, yeah. '
Ledvina: All the bark on the tree? ,
Kimsal: No, no. A minimum of 2 inches.
Ledvina: What does that do? '
Kimsal: It's killing off all the water. The conducting vessels are within that area and if you I
take that away, nothing can move up and nothing can move down.
Ledvina: So that prevents the spread of the disease? I
Kimsal: Well that kills the tree. Once the tree dies, it is a possible site of beetle breeding
grounds. However, if you get trees that small, they're going to dry out faster and once the '
tree dries, the bark separates from the wood and in order for it to be a hospitable beetle
breeding site, the bark needs to be tight to the tree. So once the tree dries out, the bark
expands off the tree. You don't have to worry about it. '
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Planning Commission Meeting - September 21, 1994
Farmakes: Okay, so they wouldn't necessarily have to eradicate it?
Kimsal: Right.
Farmakes: Okay. In surrounding communities with oak wilt. Now we have a lot of red oak
here. Don't they eradicate that by trenching or something or is that, are we looking at
creating barriers from that coming in here or do we just wait until the trees die and then we
eradicate them?
Kimsal: Yeah. No, we don't want to build a trench around the city or anything like that.
Usually you just wait until you find a suspected case of oak wilt. In that case the
recommended procedure is to take samples of it. Send it to the Department of Ag and based
on the results you get from that, that person would either use trenching or removal on white
oak or red oak ... which can transmit the disease. Otherwise, in all cases of oak wilt you
would recommend trenching around that infected tree.
' Farmakes: Okay. I've seen, is part of this program, I've seen red marks on the trees say
over between Greenwood Shores and the park where the city put in those roads there and
then they finally killed off those trees by putting in the PVC pipes so they didn't have to put
' plumbing into the shelter at Lake Ann. So they could run it over to the pumping station on
the Greenwood Shores side. They must have killed 10 or more trees. Large mature trees by
doing that. This is off of this ordinance but that, it would be a good thing to evaluate how
' those trees were killed by that type of construction so that the city doesn't do that again. It
was counter productive and the construction methods that were used by the subcontractor
killed those trees. I was there and observed their construction methods. They operated in the
' summer. They were using tractor trends on cats that were depressing the ground about 12
inches at the base of those oak trees with no regard.
' Aanenson: That's part of what you would have done is review the plans as far as
construction management and then she's out in the field making sure that it's done ... and that's
why in the summer months at a minimum we get someone to do that. And as she was out in
' inspections to find diseased trees, we realized we ... ordinance in place.
Farmakes: And when I discussed that with the city personnel I was told that well, it was the
' lowest bid that they went with and my response was, well then we have to have a criteria for
the bid that requests these construction methods then because it was really sad to see that type
of trail through those type of trees and then to kill the trees. And also when they decided to
put the PVC pipe and run it all the way to the other side of the lake, how many trees they
were killing with a 5 inch piece of PVC pipe. Maybe if that was part of the consideration for
the plumbing, they may have decided not to do that so anyway.
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Planning Commission Meeting - September 21, 1994 1
Scott: Also too, I know when we get, one of the big things that we have to deal with is
when we have developments come in is that you have, the person who provides us with the '
information as to where the trees are, what kind they are and whether or not they're going to
be around after the development starts is not really objective. So I'm sure that there's ample
opportunity for your expertise to be applied to a few of those babies. Okay. Could I have a
motion please?
Ledvina: I have a few more questions. I
Scott: Inquiring minds.
Ledvina: Sorry. Just on the language I guess. Now we were talking about this forester '
position. Have we not created that yet?
Aanenson: Yes. '
Ledvina: So are we duplicating this section? '
Aanenson: No. What it's saying is that the model language we could adopt came right out
of the State statute so you looked at doing that. '
Ledvina: Kind of like the shoreland ordinance? ,
Aanenson: Yeah. Yeah. Okay, so what we did is we spoke with the City Attorney's office
and said, yes but there were penalties and things in there we didn't want and so what they '
said is you have to get commission approval yeah if we wanted to amend or have a little bit
different ordinance. So what we do need to have in order ... we do need to have language that
says we do have a city forester and that's qualified and Jill and Jeff, our intent last year also
qualify. '
Ledvina: Okay. I didn't know if this was redundant. I thought we had done this but I can, I
it just reinforces what's already on the books, right?
Aanenson: Right. Again, it's out of State statutes a lot of this. Some of the language we I
did ... straight out of the...
Ledvina: Okay. Can someone interpret this language for me? On page 2, Section 13 -2. '
Elm and oak wood storage. Okay. Here we go. Let's try to do this. On the second line
there. Is prohibited except during the period September 15th through April 1st of the
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Planning Commission Meeting - September 21, 1994
following year during which period such storage shall be permitted. Whew. How the hell do
you? What does that mean?
' Kimsal: Well all that's to say is elm logs and infected trees from the red oak group,
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' you can store those, if you're using them for firewood or something like that, between
September 15th and April 1st. If it's between that time, neither elm bark beetles are
reproducing nor oak wilt spoor mats are forming. Therefore, the wood that is infected is
' relatively safe at that time. So you could store it on your property.
Ledvina: Okay. But what's of the following year? What does that have to do with it?
Kimsal: Well April 1st the following year because you have September 15th of say 1994 to
April 1st of 1995. It covers the winter.
' Ledvina: Okay. September 15th through April 1st of the following year. So it doesn't have
anything relating to do when the tree was cut down or anything like that?
' Kimsal: No.
' Ledvina: Because that's what I was thinking it was relating. The following year.
Aanenson: If you're going to cut it down and store it.
' Scott: Just think, those are the months that you can't golf.
' Ledvina: Okay. Think of it that way. Well I don't know. That's kind of weird.
Aanenson: And we can put you know during whatever month period that is. A 9 month
' period of whatever.
Ledvina: Why is it so confusing? Am I stupid or.
' Scott: No ou're not. You're very intelligent and well educated.
Y rY
' Aanenson: ...calendar year so you can say the whole consecutive whatever, 8 -9 months.
' Scott: That means if you're going to cut something like that down, you got to burn it. You'd
better burn it so if it's laying around, then you're in violation of the code. We have the wood
pile police now.
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Planning Commission Meeting - September 21, 1994
Ledvina: Okay. Would you fix that language if you want? I mean I guess these state
ordinances you don't want to monkey with those too much. I
Aanenson: Right.
Ledvina: And then also just one other thing on page 4. Item (e). You're talking specifically
about diseased elms and oaks. Do we want to say, and other trees? I mean I know we, but
why are we specific to that? Is that intentional or no? '
Kimsal: That's only intentional because as of right now those are the only diseases we know
of that would be a problem. '
Ledvina: Right. But we want to, but I mean this is the thing that talks about stumps and if
we need to deal with stumps from other types of diseases let's say. Let's throw that in there. '
Because you know it's a specific thing on stumps.
Scott: Also in Section 13 -36 we must have his/her in there. By the way. You don't think '
we read these things do you?
Nutting: Our hour is up. '
Ledvina: Yeah, hour's up. Okay. '
Scott: Okay, let's have a motion then.
Ledvina: I would move that the Planning Commission recommend to the City Council '
adoption of the proposed Diseased Tree Ordinance as shown in the attachment of our staff
report with some helpful modifications to the language to clarify and enhance as discussed I
here.
Scott: Good. Can I have a second please? '
Nutting: Second.
Scott: It's been moved and seconded. Any discussion? '
Ledvina moved, Nutting seconded that the Planning Commission recommend to the '
City Council adoption of the proposed Diseased Tree Ordinance as shown in the
attachment of our staff report with some helpful modifications to the language to clarify
and enhance. All voted in favor and the motion carried. '
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