HomeMy WebLinkAbout20100405 - VII-4 & VIII-C-2
City of Hastings Parks & Recreation
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920 W 10 St, Hastings MN 55033
Ph: (651) 480-6175
Fax: (651) 437-5396
Web: www.ci.hastings.mn.us
“Creating Community Through People, Parks, and Programs”
To: Mayor Hicks and City Councilmembers
From: Barry Bernstein, Parks and Recreation Director
Subject: Ordinance Amendment related to Tree Ordinance 95.04
Date: 3/22/10
_________________________________________________________________________________________________
Council Action Required:
Conduct the public hearing and approve the second reading and ordinance amendment relating to a
language adjustment to the current tree ordinance.
Background Information:
The Natural Resources and Recreation Commission met at our regularly scheduled meeting held on
March 9 to discuss and consider a request to amend the current Tree Ordinance so that it would
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include Emerald Ash Borer as well as other harmful insects or microorganisms.
This item was brought forward at the request of the City Forester in our attempt to combat the
imminent invasion of the Emerald Ash Borer beetle. Currently, the ordinance only identifies Oak
Wilt and Dutch elm disease as part of the ordinance.
The language the City forester requested changed will include the EAB disease as well as any other
harmful insect or microorganism that is harmful to trees. This will minimize the need to continually
revisit the ordinance as new harmful insects, microorganisms, or other diseases are discovered. The
broad language of the modification is an attempt to address future issues.
The NRRC felt this was a proactive approach to the imminent danger EAB presents and
recommended bringing this issue before the full City Council.
Civic ArenaAquatic CenterYouth First
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2801 Red Wing Blvd. 901 Maple Street 920 W 10 Street
Ph: (651) 480-6195 Ph: (651) 480-2392 Ph: (651) 480-6182
Fax: (651) 437-4940 Fax: (651) 437-5396 Fax: (651) 437-5396
ORDINANCE NO. ____2010-07_, - THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING CHAPTER 95 OF THE HASTINGS CITY CODE
PERTAINING TO TREE DISEASES AND PESTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS
FOLLOWS:
Chapter 95 of the Hastings City Code is hereby amended and Section 95.04 shall be
amended as follows:
95.04 TREE DISEASES AND TREE THREATENING PESTS.
(A) Trees constituting nuisance declared. The following are public nuisances whenever
they may be found within the city:
(1) Any living or standing elm 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 Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including branches, stumps, firewood, or
other elm material from which the bark has not been removed and burned or sprayed with
an effective elm bark beetle insecticide;
(3) Any living or standing oak tree or part thereof infected to any degree with the
Oak Wilt fungus Ceratocystis Fagacearum;
(4) Any dead oak tree or part thereof which in the opinion of the designated
officer constitutes a hazard, including but not limited to logs, branches, stumps, roots,
firewood or other oak material which has not been stripped of its bark and burned or
sprayed with an effective fungicide; and
(5) Any other shade tree with an epidemic pest or disease. Pests include Emerald
Ash Borer (Agrilus Planipennix) or other insect or microorganism that is harmful to trees,
and;
(6) All wood from shade trees with an epidemic pest, such as Emerald Ash Borer,
shall be stored and/or moved only in accordance with state and federal guidelines.
(B) Abatement of nuisance. It is unlawful for any person to permit any public nuisance as
defined in division (A) of this section to remain on any premises the person owns or
controls within the city. The nuisance may be abated as provided in 95.24.
(C) Record of costs. The City Clerk shall keep a record of the costs of abatement done
under this section for all work done for which assessments are to be made, stating and
certifying the description of the land, lots, parcels involved, and the amount chargeable to
each.
(D) Unpaid charges. On or before September 1 of each year, the City Clerk shall list the
total unpaid charges for each abatement against each separate lot or parcel to which they
are attributable under this section. The City Council may then spread the charges or any
portion thereof against the property involved as a special assessment as authorized by
M.S. 429.101, as it may be amended from time to time, and other pertinent statutes for
certification to the County Auditor and collection the following year along with the
current taxes. Penalty, see 10.99
ALL OTHER SECTIONS SHALL REMAIN UNCHANGED
Council member _____________________ moved a second to this Ordinance, and upon
being put to a vote it was unanimously adopted by all Council members present.
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Adopted by the Hastings City Council on this 5 day of April, 2010, by the
following vote:
Ayes
Nays:
Absent:
CITY OF HASTINGS
Paul J. Hicks, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk
I hereby certify that the above is a true and correct copy of the Ordinance
presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the
_____ day of ______, 2010, as disclosed by the records of the City of Hastings on file
and of record in the office.
Melanie Mesko Lee,
City Clerk/Assistant City Administrator