4.4. SR 05-20-2013 City of
Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 4.4
AGENDA SECTION MEETING DATE PREPARED BY
Consent May 20, 2013 Rebecca Haug, Environmental
Administrator
ITEM DESCRIPTION REVIEWED By
Chapter 82,Vegetation Ordinance Amendment Cal Portner, City Administrator
REVIEWED BY
ACTION REQUESTED
Approve by motion the Chapter 82,Vegetation Ordinance Amendment.
BACKGROUND/DISCUSSION
As part of the Emerald Ash Borer Plan development,it was determined that City Code Chapter 82,
Vegetation Ordinance,needed to be amended to reflect the potential for Emerald Ash Borer infestation.
The ordinance establishes the following:
• Duties of the city administrator
• Control Program
• Declaration of a nuisance
• Inspections;right of entry;identification of diseased trees
• Abatement procedure
• Treatment or removal of infected trees and wood
• Treatment of trees near infected trees
• Transporting diseased wood
• Interference with officers
The current ordinance only references Oak Wilt and Dutch Elm Disease. The amended ordinance
regulates diseased trees as defined as any diseased or insect-infested tree that poses a threat to other trees in the
community. This broad definition covers a wider variety of diseased-tree issues so if another disease or
insect infestation trees threatens Elk River, the ordinance will enable regulation.
FINANCIAL IMPACT
N/A
ATTACHMENTS
■ Amended Chapter 82,Vegetation Ordinance
P O W E R E D BY
N:\Public Bodies\Agenda Packets\05-20-2013\X4.4 sr-veg oid.docx Na
Strikethroughs to be removed
Underlines to be added
ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
CHAPTER 82 —VEGETATION OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
ARTICLE II. OAK WILT AND DUTCH ELM DISEASE TREES
Section 1. That Section 82-30 of the City of Elk River Code of Ordinances, titled
Definitions, shall be added to read as follows:
Sec. 82-30—Definition.
Diseased tree means any diseased or insect-infested tree that poses a threat to other trees in the
community.
Section 2. That Section 82-31 of the City of Elk River Code of Ordinances, titled
Purpose of Article shall be amended to read as follows:
The city council has found and determined that the health of the a variety of oak atid el trees
within the municipal limits is threatened by fatal diseases or insect-infested trees know-11 as oak
aiad Dutch eh=n diseas-e. it They have further found and determined that the loss of oak aild e
trees growing upon public or private property would substantially depreciate the value of property
within the city and impair the safety,good order,and general welfare of the public. It is declared to
be the intention of the eCouncil to control and prevent the spread of these diseases and this article is
enacted for that purpose.
Section 3. That Section 82-32 of the City of Elk River Code of Ordinances, titled
Duties of the Administrator shall be amended to read as follows:
It is the duty of the city administrator or designee to coordinate all activities of the city relating to
control and prevention of oak wilt and Dutch e diseased and insect-infested trees. The city
administrator or designee shall recommend to the eCouncil the details of a program for the control
of oak wilt and Dutch el diseased and insect-infested trees and perform the duties incident to such
a program as adopted by the eCouncil.
Section 4. That Section 82-33 of the City of Elk River Code of Ordinances, titled
Control Program, shall be amended to read as follows:
It is the intention of the eCouncil to conduct a program of plant pest control pursuaw to
.. This program is directed specifically at the control and
elimination of oak wilt and Dutch el as diseased or insect-infested trees and is ttiadertaken at the
The city administrator or designee shall
act as coordinator between the commissioner of agriculture,when necessary, and the eCouncil in the
conduct of this program.
Section 5. That Section 82-34 of the City of Elk River Code of Ordinances,titled
Declaration of Nuisance, shall be amended to read as follows:
Q Any ash tree or part thereof,infected to any degree with the Emerald Ash Borer
Q Any other tree infected with a disease or insect infestation
Section 6. That Section 82-35 of the City of Elk River Code of Ordinances,tided
Inspections;right of entry;identification of diseased trees, shall be amended to read as follows:
(a) The city administrator or designee shall inspect all premises and places in the city as often as
deemed appropriate to determine whether any condition described in section 82-34(a) exists
within the city. The city administrator or designee shall investigate all reported incidents of
infestation by oak wilt fungus,Dutch elm fungus,or Dutch elm bark beetles, Emerald Ash
Borer or any other disease or insect infestation of trees.
(c) The city administrator or designee shall identify diseased or insect infested trees by generally
accepted field symptoms such as wilting,yellowing of leaves or staining of wood,in
accordance with state department of agriculture rules and regulations,AGR 106. Laboratory
confirmation by the state department of agriculture will be used only when it is necessary.
Section 7. That Section 82-37 of the City of Elk River Code of Ordinances,tided
Treatment or removal of infected trees and wood, shall be amended to read as follows:
In abating the nuisances described in this article,the city administrator or designee 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 oak wilt,or Dutch elm disease, Emerald Ash
Borer or any other disease or insect infestation. Such abatement procedures shall be carried out in
accordance with current technical and expert opinions as may be designated by the state
commissioner of agriculture and as approved by other appropriate state agencies.
Section 8. That Section 82-38 of the City of Elk River Code of Ordinances,tided
Treatment of trees near infected trees, shall be amended to read as follows:
(a) Whenever the city administrator or designee determines that any oak tree, elm tree,er elm
wood, ash tree or any other tree in the city is infected with oak wilt,or Dutch elm fungus,er
Dutch elm bark beetles, or Emerald Ash Borer the city administrator or designee may spray
or inject all nearby trees likely to be infected with an effective concentrate. Spraying or
injecting activities authorized by this section shall be conducted in accordance with technical
and expert opinions and plans of the state commissioner of agriculture and under the
supervision of the commissioner and agents of the commissioner whenever possible.
Section 9. That Section 82-39 of the City of Elk River Code of Ordinances,titled
Transporting diseased wood, shall be amended to read as follows:
Loads of oak or elm-rood diseased or insect infested trees shall be properly secured so that twigs,
branches and other debris are not lost en route.
Section 10. That this ordinance shall take effect upon adoption as provided by law.
Passed and adopted by the City Council of the City of Elk River this 20f day of May,2013.
John J Dietz,Mayor
ATTEST:
Tina Allard, City Clerk