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HomeMy WebLinkAbout11/18/2009 Env Bd PacketCity of Lino Lakes Environmental Board Meeting November 18, 2009 6:30 p.m. AGENDA NOTE: Meeting will be held in the library across the hall from the council chambers. 1. Call to Order 2. Approval of Minutes 3. Approval of Agenda 4. Open Mike 5. Action Items A. Disease Tree Ordinance /Ordinance No. 902 of the City Code Amendment to include Emerald Ash Borer (EAB). 6. Discussion Items A. Emerald Ash Borer Planning B. Review Environmental Board Goals for 2009/2010 C. Community Garden Water Plan Update 7. Adjourn • • Agenda Item 5A • • Environmental Board Meeting Date: November 18, 2009 Topic: Ordinance Amendment/Section 902 of the City Code /Tree Diseases Background: Emerald Ash Borer, a public nuisance and devastating tree disease is now found in Minnesota. An EAB infestation was found this year in the Raymond and University area of St. Paul. The City of Lino Lakes is within a 15 mile area of concern for this pest. In order to plan for future EAB issue in Lino Lakes, the City Code should be amended to include Emerald Ash Borer. Please find attached a copy of the code (Attachment 1) language. The amendment would fall in as item (3) under 902.01. Analysis: I have included a copy of Evanston Illinois code (Attachment 2) concerning EAB. This type of language should be added to the code. Recommendation: Amend the code to include EAB identified as a nuisance. • 5 R 4*t Ch,' eri-/ L 902. Tree Diseases 902.01 Nuisances Declared. The following are declared to be public nuisances whenever and wherever they may be found in the city: (1) Any standing or living tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis ulmi (Buisman moreau) or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hylurgopinus Rufipes (Marsch) . And also, . any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and properly disposed of. (2) (a) Any living or standing in the red oak group scarlet oak, black oak) with the oak wilt fagacearum. tree or part thereof (red oak, pin oak, infected to any degree fungus Ceratocystis (b) Also any living or standing tree in the white oak group (white oak, bur oak, swamp white oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems. 902.02 Abatement. It is unlawful for any person to permit a public nuisance as defined in 902.01 to remain on any premises owned or controlled by that person within the city. Such nuisances may be abated in the manner prescribed by this chapter. 902.03 Inspection and Investigation. The council may designate a person or persons who shall inspect all premises and places within the city as often as practical or necessary to determine whether any condition described in 902.01 exists thereon. The tree inspector shall investigate all reported incidents of infestation by Oak Wilt fungus or Dutch Elm fungus or Elm Bark beetles. The tree inspector so designated by the council may enter upon private premises at any reasonable time for the purpose of carrying out the duties assigned to him /her under this chapter. That person or persons shall, upon finding conditions indicating Oak Wilt or Dutch Elm infestation, take such steps for diagnosis as may be appropriate including analysis by a qualified laboratory of twig samples from actively wilting branches. Whenever possible, diagnosis shall be based upon accepted field symptoms. 902.04 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the city forester or his /her agents while they are engaged in the performance of duties imposed by this chapter. 902.05 Procedure for Abatement and Removal. Whenever it is found with reasonable certainty that the infestation exists, he /she 141 shall proceed as follows: If the tree inspector finds that the danger of infestation of other oak or elm trees is not imminent, he /she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the said owner at his /her last known address that the nuisance must be abated within a time specified in the notice, but in no event later than April 15th of the following year. The tree inspector shall immediately report said action to the council and after the expiration of the time limited by said notice, the tree inspector may proceed to abate the nuisance as herein provided. The cost of such abatement shall be assessed against the owner of the property involved, or against the property itself. All oak trees within the city diagnosed as having Oak Wilt should be isolated from neighboring healthy trees of the same species by chemical or mechanical disruption of common root grafts, to prevent the root graft transmission of the Oak Wilt fungus. To control the overland spread of Oak Wilt, the pruning of oaks shall be avoided during the most susceptible months of May and June. If wounding is unavoidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, an asphalt -based tree wound dressing shall be applied immediately. Trees of the Red Oak group diagnosed as having Oak Wilt may be girdled as soon as they are detected in order to speed drying and reduce spore production. Girdling shall be done only in areas where a weakened tree will not constitute a hazard to life and /or property should it fall. Trees included in this group are commonly known as Red Oak, Pin Oak, Scarlet Oak, and Black Oak. To prevent Oak Wilt fungus spore production and control overland spread of this disease, any diseased material of the Red Oak group desired for use as fuel wood or to be salvaged for other purposes, must be debarked or else completely covered by heavy plastic (4 mil or greater) until July lst. Any branch or other material of the Red Oak Group not to be salvaged, shall be disposed of by burning, chipping, or removal to an authorized dump site. The city forester shall advise accordingly. Stumps of trees of the Red Oak group removed due to Oak Wilt, shall be completely covered, removed, or debarked to the ground - line to eliminate all possibilities of spore formation and overland disease spread. Trees of the White Oak group (i.e. White Oak, Bur Oak) diagnosed as having Oak Wilt should be isolated by root graft disruption, as previously stated. Diseased material originating from such trees will not support spore formation and salvaged material therefore will not require special treatment to control overland disease spread. Standing trees of this group showing symptoms of minor Oak Wilt infection may have such infection 142 • • • • • successfully removed by selective pruning. The city forester will advise accordingly. 902.06 Transporting Elm and Oak Wood Prohibited. It is unlawful for any person to transport within the City any bark - bearing elm or oak wood without having obtained a permit from the city forester. The city forester shall grant such permits only when the purposes of this chapter will be served thereof. 902.07 Penalty. Any person, firm or corporation who violates: the conditions of this chapter is guilty of a misdemeanor and away be punished —days= OILS SC & ris, 5ech ova (Chapter 900 amended by Ordinance 18 -87, passed August 24, 1987.) 143 • • • 7- 8 -6 -1: NUISANCES DECLARED: Page 1 of 1 M+a cknew W- t 7- 8 -6 -1: NUISANCES DECLARED: (A)Infected Trees: All species and varieties of elm trees (trees of genus Ulmus) infected with the fungus known as Dutch elm disease (Ceratocystis ulmi) as determined by laboratory analysis by the section of applied botany and plant pathology, Illinois natural history survey, or other such laboratories, are hereby declared to be public nuisances. (B)Infested Trees: All species and varieties of ash trees (trees of genus Fraxinus) infested with the emerald ash borer (Agrilusplanipennis Fairmarie), are hereby declared to be public nuisances as determined by two (2) or more visual symptoms as listed herein: basal sprouting, bark fissures, woodpecker damage (holes), one - eighth inch (1/8 ") D shaped holes, presence of larvae or the adult emerald ash borer (Agrilusplanipennis Fairmarie), bark falling off exposing S shaped galleries. (C)Certain Dead Trees: All species and varieties of elm or ash trees that are dead or substantially dead, and all dead elmwood or ashwood to which the bark is still attached, which, because of their condition, may serve as a breeding place for the European elm bark beetle (Scolytus multistriatus) and the native elm bark beetle (Hylurgopinus rufipes) or the emerald ash borer (Agrilusplanipennis Fairmarie), are hereby declared to be public nuisances. (Ord. 46 -0 -08) http:// www. sterlingcodifiers. com/ IL /Evanston/09008000000012000.htm 11/12/2009 • • Proposed 2009 Goals • Promote environmental stewardship with the citizens of Lino Lakes by communicating environmental initiatives in the city using various means of communication such as: • City Web Pages • Newsletter Spring- February 23`d Summer -May 26th Fall- August 10 Winter- November 6 • homeowners association meetings • information kiosk • press coverage • Earth Day (April 18th) • Arbor Day (May1 st) • Recycling Day (May 2nd) • Participate in Blue Heron Days (August 15th), providing public service educational material to the public. • Participate in Earth Day (April 18th) activities in the community, promoting environmental awareness and collaboration with other environmental focused organizations. • Monitor any activity in the AUAR as well as other proposed development areas, focusing on the values Lino Lakes citizens have expressed in the vision for our city and the unique ecological aspects of our wetlands, lakes and streams and subsurface waters. Apply mitigation plan as defined for that area. • Perform an evaluation of past Environmental Board recommendations for development projects. Review a sampling of a variety of projects by site visits, discussion with city staff, and landowners, neighbors, on the outcomes of the Boards recommendations. If necessary, submit a summary of significant findings resulting from the review in writing to the Community Development Director. In 2008, the Environmental Board visited the following sites: 1. Legacy of Woods Edge 2. Marshan Meadows 3. Pine Glen 4. Eagle Brook Church Conservation Easement and planting areas 5. Oak Savanna and wetland restoration areas at the Middle School. • Promote conservation development within the City incorporating the Open Space/Trail Plan and Handbook for Environmental Planning and Conservation Development within the scope of the new Resources Management Plan, and the Resources Management Plan RMP -3 • To meet or exceed our City recycling goal of 50 (1737 tons) percent or greater of our Municipal solid waste. Find innovative ways to promote and encourage recycling as a city. Add recycling materials to kiosk. • Continue to monitor the Heron rookery and water quality in the northern one third of Peltier Lake and to support the protection of resources in that area. • Participate in comp plan and process. • The Lino Lakes Environmental Board passed a motion to endorse and follow the RMP /RMP -3 rule as a guide to the Resources Management Plan and acknowledged the unique collaboration that it sets between the RCWD and the City as a result of the Resources Management Plan. • Offer a series of conservation workshops for residents through the Anoka County Soil Water Conservation District. The upcoming scheduled workshops are as follows: Shoreland Management -March 30th Landscaping For Wildlife -April 18th Water -Smart Landscaping -April 21St Rain Gardens -May 2nd • • •