Loading...
11.1 SR 03-04-2024 Request for Action To Item Number Mayor and City Council 11.1 Agenda Section Meeting Date Prepared by Work Session March 4, 2024 Justin Femrite P.E., Public Works Director Item Description Reviewed by Emerald Ash Borer Management Plan and Compost Cal Portner, City Administrator Transfer Facility Use Policy Reviewed by Action Requested Discuss elements to be included in a draft plan. Background/Discussion An Emerald Ash Borer (EAB) Management Plan was discussed by the City Council over 15-years ago but with no signs of the insect at that time, a plan was never adopted. EAB was found in Elk River in 2022 and staff needs plan direction to address the impending death and removal of a substantial number of trees throughout the city. Staff is seeking policy direction to incorporate into the draft plan. Part of establishing an EAB Management Plan will include reviewing City Code Chapter 82 Article 2 Diseased Tree Ordinance. Understanding the impacts will generate a substantial amount of new woody debris in the area, we are continuing work on updates to the Compost Transfer Facility Use Policy. As last discussed during Regular Meeting Work Session on August 7, 2023, staff has continued working with the other partner cities in the county to refine a unified process for combating and dealing with restricted material dumping. Financial Impact None associated with this discussion Mission/Policy/Goal Meet changing needs - Agile Attachments  Sample EAB Management Plan  Chapter 82 Article 2 Diseased Tree Ordinance The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 Emerald Ash Borer Management Plan City of Ramsey, MN Purpose: By implementing the provisions of the Emerald Ash Borer Management Plan, the City is attempting to minimize the disruption to its urban forest due to the inevitable infestation of Emerald Ash Borer (EAB). Based on the current evidence from states such as Michigan and Ohio, a proactive approach should help spread the costs associated with an EAB outbreak over a manageable time period and limit the detrimental effect on property value, quality of life and the environment. Applicability: This management plan is applicable to all public properties within the City, including rights-of- way, boulevards, parks and open spaces, as well as private properties. Administration: The Community Development Department shall be responsible for implementing this program and working with the Public Works Department in seeing that the provisions are carried out. Introduction: Emerald Ash Borer (EAB) is an introduced invasive insect that has now been confirmed in twenty (20) states, including Minnesota, and two (2) Canadian provinces. EAB attacks all species of ash trees (Fraxinus spp.) found in Minnesota, which include green ash (Fraxinus pennsylvanica), white ash (Fraxinus americana) and black ash (Fraxinus nigra). This is of great concern because Minnesota is home to more than 900 million ash trees statewide and unlike some similar borers in the Agrilus genus (such as two lined chestnut borer and bronze birch borer),EAB is not solely an opportunistic pest, it is known to attack both healthy and stressed ash trees alike. As of the adoption date of this management plan, EAB has been confirmed in four (4) Minnesota counties: Hennepin, Ramsey, Houston and Winona. While it is impossible to accurately will be found here. It is possible that this pest has moved beyond the known infestation sites and has yet to be identified. It is not the adult beetles that are detrimental to ash trees but rather the larvae of EAB (immature stage), which feed on the inner bark of trees, disrupting nutrients up to the canopy. As the number of larvae in a tree increases, less and less water and nutrients reach the canopy, resulting in dieback in the upper portions of a tree. By the time visible symptoms are obvious, the population of EAB has grown and likely spread to other trees in the area. Signs/symptoms of EAB that can help detect an infestation include: Increased woodpecker activity/damage Bark splitting (vertical slits) D-shaped exit holes created by adult insects as they emerge from the tree Epicormic branching/shoots near base of tree Canopy dieback Serpentine (s-shaped) larval galleries that are packed with frass Making early detection even more difficult is that initial attacks on an ash tree tend to be in the uppercanopy. For this reason, increased woodpecker activity is becoming a more reliable early indicator of a possible infestation. The City does not have an inventory of existing boulevard and/or park trees and therefore, it is unclear what the true impacts of EAB will be upon public land within the community. Nonetheless, the City will implement the following steps to try and slow the spread of EAB and allocate the costs of managing the tree loss and replacement over multiple budget cycles. Ash Management Plan: Complete an inventory of all boulevard trees and trees in maintained park areas. At a minimum, an inventory of all ash trees in boulevard areas and maintained park areas should be completed. However, since the City has no inventory data at all, a complete inventory of trees would be beneficial for a number of reasons including: o Determining the percentage of boulevard trees that consist of ash species, which street tree program as well as the urban forest as a whole. o Better budget estimation for maintenance (trimming, removing, planting) o Developing a master street tree plan to ensure a species rich landscape (diversity is the best defense to insect/disease outbreaks) o Replanting efforts Education. The City will continue to educate the citizenry and elected officials concerning EAB. Tools that can and will be utilized include newsletter articles, segments on QCTV, the website and presentations to various groups/organizations. Education will emphasize the importance of monitoring and early detection as well as management strategies including removal and disposal of infested wood and appropriate times of year to complete such work to avoid inadvertently spreading EAB. Boulevard Trees: 1. The City will institute a new policy that prohibits the inclusion of planting any ash species (Fraxinus spp.) on public property and boulevards. 2. The City will discourage the inclusion of planting any ash species (Fraxinus spp.) as a part of any proposed development, whether commercial, residential or industrial. 3. Existing ash trees in poor condition or in fair condition with major defects will be targeted for removal. 4.Once discovered, EAB infested ash trees will be removed and disposed of properly. 5. Ash trees that are removed will be replaced with another species, budget permitting. Replanting will be done with a keen focus on species diversity and matching the right tree with the right location. 6. Plantings will be conducted in the spring and/or fall based on staff availability and budget. 7. Pesticide control will significant historical meaning or those that are rated in excellent condition. This option will not be implemented for other ash trees because while it may be less costly than removal and replanting in the short-term, it can be much more expensive in the long-term due to the need to re-treat annually or biannually with the currently available products. Additionally, considering the general age (fairly young) replacement likely would be more cost effective presently. Park Trees: 1. The number of ash trees in City Parks, including maintained and wooded areas, is unknown but is likely well beyond a thousand. Ash trees in poor condition or fair condition with major defects in maintained portions of parks will be identified and targeted for removal. 2. The City will continue to work with the MN Department of Agriculture (MDA) and the MN Department of Natural Resources (DNR) to establish detection trees and traps as needed in city parks for early detection of EAB. 3. Ash trees in wooded areas will not be addressed unless in close proximity to a trail or structure where harm and/or damage could result from a failure. However, if an ash tree in a wooded area is found to be infested and it is in the early stages of infestation, said tree(s) may be removed to slow the spread to other areas. 4. Ash trees removed from maintained areas of parks will be replaced budget permitting, again with a focus on species diversity and matching the right tree with the right location. 5. Should ash trees be removed from wooded areas, natural regeneration will be relied upon for reforestation. Trees on Private Property: 1. Through educational efforts, property owners will be encouraged to diligently Community Development Department or the MDA Arrest the Pest hotline for more information or for a site inspection. 2. For property owners that are contemplating treatment options for individual ash trees, the City encourages them to hold off until EAB has been confirmed within fifteen (15) miles of Ramsey, as recommended by the MDA. 3. The City will also continue to encourage property owners to replace lost trees with species appropriate for the site or even in advance of potential infestation and ash removal. As with public lands, the City encourages property owners to diversify the species on their property to buffer against future insect/disease outbreaks. A valuable reference that is available to homeowners for planting website. Summary: It is clear that EAB poses a seriou implement this EAB Management Plan to the extent feasible and as budgets permit. The steps outlined above are based on current knowledge of EAB. This management plan is subject to revision(s) as new information about EAB becomes available and/or as new treatment options are identified. Furthermore, this plan is also subject to revision should state and/or federal policies necessitate plan updates. Revisions to the EAB Management Plan would be subject to City Council approval. Projected Budget/Cost to City 1.Tree removal and disposal cost estimate of $250 per tree*: a. bobcat & operator(1.5 hrs) $150.00 b. 1 ton truck with maintenance worker( 1hr) $100.00 2. Stump removal cost estimate of $200 per tree*: a. bobcat & operator(1.5 hrs) $150.00 b. 1 ton truck with maintenance worker(.5 hrs) $50.00 3. $400 per replacement tree (materials and labor) * This estimate includes time for loading and unloading equipment, travel time, soil and seed for restoration of site, and equipment maintenance. \[1\] Chapter 46 - NUISANCES Footnotes: --- (1) --- State Law reference— Authority to define and abate nuisances, Minn. Stats. § 412.221, subd. 23. Cross reference— Nuisance animals, § 10-6; declaration of nuisance for oak wilt and dutch elm disease, § 82-34. Sec. 46-34. - Public nuisances. (a)The following are declared to be public nuisances: (20)To permit or allow upon one's private property a tree which is dead, diseased or otherwise not maintaining foliage on more than 50 percent thereof in the growing season. \[1\] Chapter 82 - VEGETATION Footnotes: --- (1) --- Cross reference— Land development regulations, ch. 30; buildings and building regulations, § 30-61 et seq.; subdivisions, § 30-321 et seq.; design standards for preservation of trees and other vegetation in subdivisions, § 30-415; zoning, § 30-571 et seq.; natural resources, ch. 42; parks and recreation, ch. 54; streets, sidewalks and other public places, ch. 66. ARTICLE I. - IN GENERAL Secs. 82-1—82-29. - Reserved. \[2\] ARTICLE II. - DISEASE TREES Footnotes: --- (2) --- Editor's note— Ord. No. 13-11, adopted May 20, 2013, changed the title of art. II from "Oak Wilt and Dutch Elm Disease" to "Disease Trees." State Law reference— Shade tree disease control, Minn. Stats. § 18.023.  Sec. 82-30. - Definition. Diseased tree means any diseased or insect-infested tree that poses a threat to other trees in the community. (Ord. No. 13-11, § 1, 5-20-2013)  Sec. 82-31. - Purpose of article. The city council has found and determined that the health of a variety of trees within the municipal limits is threatened by fatal diseases or insect-infested trees. They have further found and determined that the loss of 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 Council to control and prevent the spread of these diseases and this article is enacted for that purpose. (Code 1982, § 504.00; Ord. No. 13-11, § 2, 5-20-2013)  Sec. 82-32. - Duties of city administrator. It is the duty of the city administrator or designee to coordinate all activities of the city relating to control and prevention of diseased and insect-infested trees. The city administrator or designee shall recommend to the Council the details of a program for the control of diseased and insect-infested trees and perform the duties incident to such a program as adopted by the Council. (Code 1982, § 504.02; Ord. No. 13-11, § 3, 5-20-2013)  Sec. 82-33. - Control program. It is the intention of the Council to conduct a program of plant pest control. This program is directed specifically at the control and elimination of any diseased or insect-infested trees. The city administrator or designee shall act as coordinator between the commissioner of agriculture, when necessary, and the Council in the conduct of this program. (Code 1982, § 504.04; Ord. No. 13-11, § 4, 5-20-2013)  Sec. 82-34. - Declaration of nuisance. (a) The following things are declared to be public nuisances wherever and 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 disease fungus Ceratocystis fagacearum. (2) Any living or standing elm tree, or part thereof, infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi, or any tree or elm wood which harbors any of the elm bark beetles Scolytus multistriatus or Hylurgopinus fufipes. (3) Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material, which has tight bark. (4) Any ash tree or part thereof, infected to any degree with the Emerald Ash Borer. (5) Any other tree infected with a disease or insect infestation. (b) It is unlawful for any person to permit any public nuisance as defined in subsection (a) of this section to remain on any premises owned or controlled by such person within the city. Such nuisance may be abated in the manner prescribed by this article. (Code 1982, § 504.06; Ord. No. 13-11, § 5, 5-20-2013) Cross reference— Nuisances, ch. 46.  Sec. 82-35. - Inspections; right of entry; identification of diseased trees. (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, Dutch elm bark beetles, Emerald Ash Borer or any other disease or insect infestation of trees. (b) The city administrator or designee may enter upon private premises at any reasonable time for the purpose of carrying out any duties assigned under this article. (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. (Code 1982, § 504.08(3); Ord. No. 13-11, § 6, 5-20-2013)  Sec. 82-36. - Abatement procedure. (a)Whenever the city administrator or designee finds with reasonable certainty that the nuisance or infestation described in this article exists in any tree or wood in any public or private place in the city, the city administrator or designee shall cause such nuisance or infestation to be abated in accordance with current city policy as set forth by the council, section 82-37, Minn. Stats. § 18.023, and Minnesota Rules chapter 1505. (b) The city administrator or designee shall keep a record of the cost of abatements done under this article. (Code 1982, § 504.12)  Sec. 82-37. - Treatment or removal of infected trees and wood. 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, 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. (Code 1982, § 504.10; Ord. No. 13-11, § 7, 5-20-2013)  Sec. 82-38. - Treatment of trees near infected trees. (a) Whenever the city administrator or designee determines that any oak tree, elm tree, elm wood, ash tree or any other tree in the city is infected with oak wilt, Dutch elm fungus, 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. (b)The procedural provisions of section 82-36 apply to spraying operations conducted under this section. (Code 1982, § 504.14; Ord. No. 13-11, § 8, 5-20-2013)  Sec. 82-39. - Transporting diseased wood. Loads of diseased or insect infested trees shall be properly secured so that twigs, branches and other debris are not lost in route. (Code 1982, § 504.16; Ord. No. 13-11, § 9, 5-20-2013)  Sec. 82-40. - Interference with officers. It is unlawful for any person to prevent, delay or interfere with the city administrator or designee while engaged in the performance of the duties imposed by this article. (Code 1982, § 504.18) The insect Emerald Ash Borer (EAB) found its way to Minnesota in It was first found in Elk River during August of 2022. This insect's larva feeds on the emerges as a beetle in the spring. It impacts all species of ash trees and if untreated it will kill all infested trees 6 now in - 6 of infestation - trees by year 12 of infestationYears 5MN Department of Agriculture estimates Elk River is in year 5 EAB Management Plan Elements for Discussion within - of - road rightresponsibilityPrivate Tree residents' responsibilityWhat about drainage and utility easements? ROW Drainage & Utility Easement ROW Drainage & Utility Easement ROW Drainage & Utility Easement