HomeMy WebLinkAbout5.A.2. MN Releaf Grant Agreement between the City and the Department of Natural Resources, Division of Forestry
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CITY OF SHAKOPEE
Memorandum CO~JSEr~T
To: Mayor and City Council
Mark McNeill, City Administrator
From: Ryan Hughes, Natural Resource Coordinator
Subject: MN Releaf Grant Agreement between the City and the Department of Natural
Resources, Division of Pores try
Meeting Date: August 21, 2007
INTRODUCTION
The City Council is asked to review the proposed MN Releaf $4,000.00 Grant Agreement (Grant
Number B03318) between the City and the Department of Natural Resources, Division of
Forestry. The start date for the agreement is July 1,2007 and the agreement runs through June
30, 2008.
DISCUSSION
The grant application process included a tour of the potential Oak Wilt management areas with
the DNR Division of Pores try representative. Based on this tour and discussions with the DNR
the grant funding is scheduled to be utilized at the MnDOT parcel 75 property within the
Southbridge development and the Horizon Heights development park land. Oak Wilt
management withirt the MnDOT parcel 75 property is an ongoing effort between the City and
MnDOT and is consistent with the DNR management plan for the area. Oak Wilt management
within Horizon Heights park land is an effort to control a new Oak Wilt site from spreading.
This new Oak Wilt site currently exists on private property. The City worked with the private
property owner in fall 2006 and spring 2007 to address the issue on their property using a
previous DNR grant. This new grant will be utilized to complete management initiatives to
prevent the spread of Oak Wilt into the park and adjacent private property.
VISIONING RELk\TIONsmOp
This action appear~ to meet the following aspects of the City's vision:
Goal: High Quality of Life
Strategies: Protect the Environment
ACTION REQUESTED:
If City Council conyurs, authorize entering into the MN Releaf $4,000.00 Grant Agreement
(Grant Number BO~318) between the City and the Department of Natural Resources, Division of
Forestry for the period between July 1,2007 and June 30, 2008.
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STATE OF MINNESOTA
MN RELEAF
GRANT CONTRACT
Accounting fuformation
Agency: R29 Fiscal Year: 2008 I Vendor Number: 036 835 00100
Total Amourit of Contract: $4,000.00 Amount ofPirst PY: $
Commodity Code: 023 09 Commodity Code: I Commodity Code:
Object Code: 5BOO Object Code:
.
Amount: $4,000.00 Amount: 1 Amount:
Acct Dist 1 (Federal): Acct Dist 2 (State): Acct Dist 3:
Fund: 300 Fund: Fund:
Appr: 306 Appr: Appr:
Org/Sub: 3304 Org/Sub: Org/Sub:
Rept Catg: 3440 Rept Catg: Rept Catg:
. . . .
Amount: $4,000.00 Amount: Amount:
Grant Number(s): B03318 Begin Date: Julv 1. 2007 End Date: June 30. 2008
Grant Name and Address for filing and payment purposes:
City of Shakopee
129 Holmes Street
Shakopee,~ 55379
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STATE OF MINNESOTA
GRANT AGREEMENT
This Grant is between the State of Minnesota, acting through its Department of Natural Resources, Division of Forestry,
500 Lafayette Road, St. Paul, MN 55155 ("State") and City of Shakopee, 129 Holmes Street, Shakopee, MN 55379
("Grantee").
Recitals
1. Minn. Stat. '88.82, the Minnesota Releaf program is established in the department of natural resources to encourage,
promote, and fund the planting, maintenance, and improvement of trees in this state; and
Lawsof2003, Chapter 128, Sec 9, subd. 5g appropriates funding for matching grants to local communities to protect
native oak forests from oak wilt and to provide technical assistance and cost sharing with communities for tree planting
and community forestry assessments.
2. The State is in need of assistance in survey, .treatment, and post.treatment monitoring planning and education related to
Oak Wilt.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to
the satisfaction of the State.
Grant Agreement
1 Term of Grant Agreement
1.1 Effective date: July 01,2007, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later. Grantee may begin incurring expenses on July 1,2007,
however, no reimbursement for this project will be made until the GRANT AGREEMENT is fully
executed.
1.2 Expiration date: June 8, 2008, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 SurvivalofTerlns. The following clauses survive the expiration or cancellation of this Grant Agreement: 8.
Liability; 9. State Audits; 10. Government Data Practices and futellectual Property; 13. Publicity and Endorsement;
14. Governing Law, Jurisdiction, and Venue; and16 Data Disclosure.
2 Grantee's Duties
The Grantee, who is not a state employee, will:
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2.1 GRANTEE SHALL: Complete the work as outlined by (1) the GRANTEE's Project Proposal, which is attached
hereto and incorporated herein, and (2) the 2007 Minnesota ReLeafProgram Guidelines and Application Packet,
which is incorporated by reference herein. Any changes in the proposed project work must be submitted in
writing and approved by the STATE prior to the work proceeding. This includes a 100% post-treatment field
check of all treatments carried out within the last three years.
2.2 GRANTEE SHALL: Be responsible for the planning, supervision, and satisfactory completion of work specified
in the GRANTEE's approved Proj ect Proposal and for payment of all monies for work undertaken in accordance
with the project.
2.3. GRANTEE SHALL: ! Ensure that all work done complies with Section 106 of the Historical Preservation Act, the
Endangered Species Act of 1973 (16USCA 1531 et seq); Minnesota Statutes, section 84.0895, and Minnesota
Rules, Part 6212.1800 to 6212.2300. This means checking all proposed treatment sites against the community
maps provided by the! DNR for potential conflicts with rare features. If a potential conflict exists, the grantee
agrees to contact the ~NR to discuss treatment options.
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2.4 GRANTEE SHALL: ! Provide the following:
(1) One futerim Fisc~l Report and reimbursement request due 1/15/08.
(2) Updated Commu~ity Maps and Annual Treatment Report due 1/15/08.
(3) Final Project Repbrt due June 8,2008 on the form provided by the STATE. The report shall include all
necessary documentation to verify that all completed work conforms to the specifications contained in the
GRANTEE's Project Proposal or as amended in writing, including a summary of all participating landowners
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and the work done at each location.
2.5 GRANTEE SHALL: Keep an up-to-date work status record for work undertaken to complete the project.
2.6 GRANTEE SHALL: Maintain complete, accurate, and separate financial records for all work undertaken, which
adequately identify the source and application of funds provided by this Grant. These records must contain
information pertaining to this Grant award and authorizations, obligations, unobligated balances, assets, liabilities;
outlays or expenditures, and income. The records must provide verification of any in-kind contributions counting
toward satisfying a match and show how the value of any third party contribution was derived. A written narrative .
explanation shall describe all variations from estimated cost.
3 Time
The Grantee must comply with all the time requirements described in this Grant Agreement. ill the performance of this
. Grant Agreement, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this Grant Agreement
as follows:
(1) Compensation. The Grantee will be paid an amount not to exceed $4,000.00, based on the budget outlined in
attached project proposal contained in Exhibit A, which is incorporated into this Grant Agreement.
(2) Matching Requirements. Grantee certifies that the following matching requirement will be met by Grantee:
Grantee has agreed to provide a local cash or in-kind contribution of at least 35 % of the total project proposal
in suppression zone 3.
(3) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the
Grantee as a result of this Grant Agreement will not exceed $0.00; provided that the Grantee will be
reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in
the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee
will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received
. the State's prior written approval for out of state travel. Minnesota will be considered the home .state for
determining whether travel is out of state.
(4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this Grant Agreement will not exceed $4,000.00.
4.2 Payment
(1) Invoices.' The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services. Final
payment will not be made until all funded activities are complete. All work must be completed by June 8.
2008.
(2) Federal funds. Payments under this Grant Agreement will be made from federal funds obtained by the State
through Title Oak Wilt Control Project, CFDA number 1O.664'ofthe Cooperative Lands - Prevention &
Suppression, Act of 1978. The Grantee is responsible for compliance with all federal requirements imposed
on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure
to comply with federal requirements.
5 Conditions of Payment
All services provided by the Grantee urider this Grant Agreement must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and locl1l11aws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to pe unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representatfve
The State's Authorize~ Representative is Susan Burks at 651-772-7927 or his/her successor, and has the
responsibility to moni~or the Grantee's performance and the authority to accept the services provided under this
Grant Agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on
each invoice submitted for payment.
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The Grantee's Authorized Representative is Ryan Hughes at 952-233-9510. Ifthe Grantee's Authorized
Representative changes at any time during this Grant Agreement, the Grantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Agreement Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this Grant Agreement, or their successors in office.
7.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original Grant
Agreement, or their successors in office.
7.3 Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Agreement Complete. This Grant Agreement contains all negotiations and agreements between the
State and the Grantee. No other understanding regarding this Grant Agreement, whether written or oral, may
be used to bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attorney's fees incurred by the State, arising from the performance of this Grant
. Agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal
remedies the Grantee may have for the State's failureto fulfill its obligations under this Grant Agreement.
9 State Audits
Under Minn. Stat. ' 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant tothis Grant Agreement ate subject to examination by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement.
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10 Government Data Practices and Intellectual Property
10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Grant Agreement,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Grantee under this Grant Agreement. The civil remedies of Minn. Stat. ' 13.08 apply to the release of the data
referred to in this clause by either the Giantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately
notify the State. The State will give the Grantee instructions concerning the release of the data to the
requesting party before the data is released.
)
10.2. Intellectual Property Rights
Not applicable.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. ' 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
claims made by any third party as a consequence of any act or omission on the part of these employees are in no
way the State's obligation or responsibility.
12 Publicity and Endorsement
13.1 Publicity. Any imblicity regarding the subject matter ofthis Grant Agreement must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. iFor purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
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resulting from this Grant Agreement.
13.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minrtesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal
proceedings out of this Grant Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
14 Termination
15.1 Termination by the State. The State may cancel this Grant Agreement at any time, with or without cause,
upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
15 Data Disclosure
Under Minn. Stat. '270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state tax laws which could result in
action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
requiredbyM~ .Stat."16A.15/ 16C.05. By:
Signed: I. ? 'Z" (with delegated authority)
Title: Forestrv Division Director/Assistant Director
Date: ?f-b 6 ;7 Date:
CFMS Grant No. B03318
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the Grant Agreement on behalf of the Grantee as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Title: Mayor
Date:
By:
Title: City. Administra or
Date:
By:
Title: City Clerk
Date:
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OAK WILT SUPPRESSION GRANT ApPLICATION
., .- . 'FORJULy~,2007-JUl;IE6,2008 I .
Additional copies pf this form Gan be found at www.dnr.state.mn.uslfad/forestmqmt/releaf.html or www.treetrust.orq' ,
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ApPLICANT INFORMATION .
O;gani~ation/Ag'EmCy ..'. C.;4 41- ~14t."t~ .. . '
_ Grant Administrator. 1?yt'lN'l i-+1/4L6 Title ~/ %$o~.:..e...'S" ~r.:I;n.a';"'"
Address' 1'ZC; )-.k/Kt.L5 -:5k~ .' Oity 61Ul-~~ Zip ~Cj
County '7vcJI- .' 'Work:Phone 7..;7'2--"]..'P:,-'S-/o' - 'Fax 95""2--2.~3-3g""1'
Email" . rJuAjhLs .e c; .~)U..~.Mn. K.S ,', .
Program Coordinator ~AA-1. j~ Jl.V5' .' Title /~qj ~()M t:.L S (-Ct>n/}n.4~'
Email.-rllM.Ju....s e-c'I-;4~t MVl.~S , .
Work Phone . ~5""2- "'2-";"'3- q !57b Fax "5""'2.~ 'Z')';--:;g-b i Mobile Phone '7S'Z.., 3"7 - 7'i7b
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MAKE GRANT PAYMENTS PAYABLE To
Name , C~ of ?~.&. .
Address 1'1.;" h{. 5.' ,~+ City ~~~ ~iP=ro~77Ac;t:#cxJoI-'1pO
Eligibility (check one))( Municj~lity _ T owns<hip .......:.. County _School District.
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_ Non~profit Organization (with 501 (c)(3) status) _Other:
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Has yourorganlzation/agency ever re~eiveda MN ReLeaf grant?' _ No }(Yes, what' years? . '200'5"- iOO7 ...
Has you~ brganiz8;tion/agency ever.received an oak wilt suppressibn gl.'ant? _No ~Yes, what ye~rs? .~ -~(
. PROJECT QUESTIONS
At;ld up to three additional pages, if needed, to answer ttlese questions.
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1. Applicant Description - Provide a brief description of the organiz?tion .or agency' i'ncluding its qualifications to
complete this project.
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2,. ManagementArea(s) - pescrib~ the c~ntrol zone(s) where the appl:icant willcondu6 oak wilt suppre~sion,The
zorie,(s) need notincl:ude-an entire jurisdiction, but the applica.nt must commit to and'be reasonablv able to treat
. , ~ .
~ every oak wilt infection within .the desiQnated zone( s ). If the 'control area( ~) do not include the entire jurisdiction,
attac~ an 8.5" xii" map of t~e jurisdiction and control zone(s) boundaries. ' .
3. Personnel - Descripe,key staff, contractors, volunteers, and/or partners and How they will contribute to the project.
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4. . Project Irt:lplerrienta~ion I =- Who will be responsible for which activities and when will they occur? Include
educational efforts, Vl(ork with volunteers, surveys, tre13tments and treatment inspections.
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5. Long Term Community Forestry Pro9,ram - What is the grantee doing to incorporate disease management into
their urban and comftlunity forestry program to reduce the reliance on state funding?
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6. Oak Wilt Martagemint Plein I - Attach a formally.approved 3-year oak wilt mara emen. : d
7.' Ordinance (or Equi-lalent) I-Attach.a copy of the document giving the applican
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and/or diseased treeiremoval. "... ...' 11 ',.."., 7
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.::.._,v,,;.~j;:.tQ[n';:tiieg~on iorestry
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OAK WILT SUPPRESSION GRANT ApPLICATION PROJECT BUDGET
;, FOR JULY 1,2007 - JUNE 6! 2008
Applicant Name c;~ cJ.(:. jJu..k D~ ,'').
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V AWE OF
DONATIONS' GRANT
EXPENSE ITEM AND DeSCRIPTION OR EXPLANATION- FROM CASH SPENT TOTAL REIMBURSEMENT
EXAMPLES SOURCES BY GRANTEE REQUESTED
OTftER THAN ,..
GRANTEE
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Administration: -1V~ 'il'l'5fU,f;;~s
Paperwork, oak' 5e,.,.J;'j ~.~ :
wilt surVeys, .~f\j wi~ ('e<s;~ ~poo 5fDO 2 0
detection, , ,
marking, informing (PIS M4trl1j , . -
"Iandowners, etc. r~w,,",'V&';'~~S
) Treatment: ' ?lo\Vi~
P.lo'Wing, PSPT 'P~'P'I ~, tt./ .
~emqval, disposal "D"r~t ~,~ . ; /opoO
10;000 G: croo
or treatment of -rr~~ i~t~~ I
wood; treatment r
inspections, etc. ,
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Education: ott-k kJi I+-~~~
'Workshops, ~ t;J.~+"C>-vl D6", 500 - 500 0
publications, etc:'
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. Other:
Describe and
ju stify
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- PROJECT JOTAL: 1'5,7)'00
GRANT TOTAL:
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1 Eqyipment ~alues must be justified if they exceed the rates in the attached~200~ Oak Wilt In-Kind Rate'Schedule."
,2 Expfain if this amount exceeds 20% of project total.
3 Grant Total must not ~xceed50% of project-total for grants in Zone 2 or 350/0. for grants in Zone 3.
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Auttlorization'
I certify tliisinfcirm escribed in this application and that all costs are.eligible under MN
ReLeaf. ' . I
Name: its Title:' Uk;:./7&.sO't4-1,U'S .t:-diu:../v-;
.
Signature: '" . Date: (;.-'=>-D7
Applications must be re~ei~;dlbY 4:30pm, Frida~,May 25,2007. Faxed 'coPies will not be acc~pted.
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;Mailto: ' !
Minnesota Releaf Oak Wit Suppression
j'vlinnesota Department of Natural Resources
'1200 Warner Road I
S1. Paul, MN 55106'
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MN ReLeaf Oak Wilt Suppression Grant Application
Shakopee, MN
2007-2008
Applicant Description
This will be a continuation of the Shakopee Oak Wilt Suppression Program. The City
understands the importance and value of the tree resources and realizes the need for an
aggressive control program. As a'rapidly developing City with new residents moving
into the area, public awareness and demand for assistance has increased. The program
will rely on homeowner calls and inspections by a certified tree inspector to locate
existing and potential oak wilt centers. The City will assist homeowners in identifying,
removing, and/or managing Oak Wilt centers.
Personnel and Implementation
Currently, the City employs one full-time tree inspector and an intern is expected to be
hired to aid in the inventory, mapping, and Shade Tree Disease Control and Prevention
Ordinance. Areas with existing and potential oak wilt concerns will receive a drive-by
survey in July-August 2005 and the City will work with property owners to address Oak
Wilt issues.
Management Areas
The proposed control zones include the areas identified on the attached map. These areas
are identified on the Land Cover of Northern Scott County Natural Resources Inventory
completed in 2002. These areas require an inspection and any necessary treatment.
Oak Wilt Management Plan
In established neighborhoods, vibratory plowing, potential spore tree removal, and a
potential three year injection program is the preferred method of control. In areas where
proposed projects and developments are going into native oak forest, the full-time
inspector will be involved in the project review. Removal of trees due to projects and
developments will be supervised by the tree inspector.
Outreach to residents will be primary issue for the Oak Wilt Suppression Program. The
tree inspector will utilize the pamphlets, brochures, cable access, city newsletter, and
community education workshops as appropriate.
Following the inventory and subsequent treatments the City will determine if restoration
and planting is required. The inventory will aid in inspections required to be completed
in the future to manage the tree resources within the City.
Long Term Com!munity Forestry Program
Monitoring will ibe completed in the future to determine the success of each treatment.
This will be contpleted through a combination of the full-time tree inspector and intern.
The Shade Tree Pisease Control and Prevention ordinance will be utilized now and in the
future to control] and manage Oak Wilt.
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The City is in the process of developing a tree replacement program to assist residents in
purchasing and planting trees on their property. This program is intended to diversify the
urban forest and reduce the impacts of future disease or infestations. This program is
scheduled to be implemented in 2008.
Proj ectManager 7cy~ ~~ Date ~--(P-07
Phone Emall
Grant Manager '2?t~~ ~jLV5 Date &-C:;,-o 7
Phone . . Email
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S10.70
F. Other acts which have the potential to cause injury to persons or property.
Subd. .9. Violations. A violation of any condition of a permit shall be cause for revocation of the
permit. Any parade or race conducted without a permit is in violation of the City Code; and anyone
responsible for organ'izing, sponsoring or conducting such a parade or race will be held punishable
under the City Code. (Ord. 357, July 22, 1993)
SECTIONS 10.64 -10.69. Reserved.
SEC. 10.70. SHADE TREE DISEASE CONTROL AND PREVENTION.
Subd. 1. Policv and Purpose. The City has determined that the health of oak and elm trees is
threatened by fatal diseases known as oak wilt and Dutch elm disease. It has further determined
that the loss of oak and elm trees located on public and private property would substantially
depreciate the value of property 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 provide for the removal of dead or diseased trees, as nuisances.
Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings
stated:
A. The term "shade tree disease" means Dutch elm disease or oak wilt disease.
B. The term "Tree Inspector" means the City Administrator, or such other employee
of the City as the Council may designate and who shall thereafter qualify, together
with their duly designated assistants.
C. The term "nuisance" means (1) any living or standing tree infected to any degree
with a shade tree disease; or, (2) any logs, branches, stumps or other parts of any
dead or dying tree, so infected, unless such parts have been fully bumed or treated
under the direction of the Tree Inspector.
Subd. 3. Scope and . Adoption bv Reference. Minnesota Statutes, Sections 18.01 through
18.023, inclusive,.are hereby adopted by reference, together with the Rules and Regulations of the
Minnesota Co~missioner of Agriculture relating to shade tree diseases; provided, that this Section
shall supercedd such Statutes, Rules and Regulations, only to the extent of inconsistencies.
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Subd. 4. UnlaWful Act. It is a petty misdemeanor for any person to keep, maintain or permit upon
Premises own~d by that person or upon public property where that person has the duty of tree
maintenance, atlY nuisance as herein defined.
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Subd. 5. Insp~ction and Diaanosis. It is the power and duty of the Tree Inspector to enter upon
public and pri~ate property, at any reasonable time, for the purpose of inspecting for, and
diagnosing, shcJde tree disease. In cases of suspected shade tree disease, and in performance of
Inspector's dutibs, the Tree Inspector may remove such specimens, samples and biopsies as may
be necessary o~ desirable for diagnosis.
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Subd. 6. Abat~ment of Nuisance. Abatement of a nuisance, defined herein, shall be by spraying,
removing, burning, or otherwise effectively treating the infected tree or wood to prevent spread of
shade tree disease. Such abatement procedures shall be carried out in accordance with the
I current technical and expert methods and plans as may be designed by the Commissioner of
Agriculture of trie State of Minnesota. The City shall establish specifications for tree removal and
disposal methods consistent therewith.
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page revised in 2od6
971
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310.70
Subd.7. Procedure for Removal of Infected Trees and Wood.
A. Whenever the Tree Inspector finds with reasonable certainty that the infection, or
danger of infection, exists in any tree or wood on any public or private property, the
Tree Inspector shall proceed as follows:
1. If the Tree Inspector finds that the danger of infection of other trees is not
imminent because of dormancy of shade tree disease, the Tree Inspector
shall make a written report of Inspector's finding to the Council which shall
proceed by (1) abating the nuisance as a public improvement under
Minnesota Statutes, Chapter 429, or (2) abating the nuisance as provided
in Subparagraph B of this Subdivision.
2. If the Tree Inspector finds that danger of infection of other trees is
imminent, the Tree Inspector shall notify the owner of the property, or the
abutting property, as the case may be, by certified mail that the nuisance
will be abated within a specified time, not less than five (5) days from the
date.of mailing of such notice. The Tree Inspector shall immediately report
such action to the Council, and after the expiration of the time limited by
the notice the Tree Inspector may abate the nuisance.
3. If the Tree Inspector finds with reasonable certainty that immediate action
is required to prevent the spread of shade tree disease, the Tree Inspector
may proceed to abate the nuisance forthwith. The. Tree Inspector shall
report such action immediately to the Council and to the abutting property
owner, or to the owner of the property where the nuisance is located.
B. Upon receipt of the Tree Inspector's report required by Subparagraph A, Item 1,
the Council shall by resolution order the nuisance abated. Before action is taken
on such resolution, the Council shall publish notice of its intention to meet to
consider taking action to abate the nuisance. This notice shall be mailed to
affected property owners and published once no less than one (1) week prior to
such meeting. The notice shall state the time and place of the meeting, the streets
affected, action proposed, the estimated cost of the abatement, and the proposed
basis of assessment, if any, of costs. At such hearing or adjournment thereof, the
Council\ shall hear property owners with reference to the scope and desirability of
the proposed project. The Council shall thereafter adopt a resolution confirming
the orig,nal resolution with such modifications as it considers desirable and provide
for the 90ing of the work by day labor or by contract.
C. The Tr~e Inspector shall keep a record of the costs of abatements done under this
Subdivi$ion and shall report monthly to the City Administrator all work done for
which assessments are to be made stating and certifying the description of the
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D. On or ~efore September 1 of each year the City Administrator shall list the total
unpaid ~harges for each abatement against each separate lot or parcel to which
they are, attributable under this Section. The Council may then spread the charges
or any ~Iortion thereof against the property involved as a special assessment under
Minnesqta Statutes, Section 429.101, and other pertinent statutes for certification
to the Cpunty Auditor and collection the following year along with current taxes.
E. No dam~ge shall be awarded the owner for destruction of any tree, wood or part
thereof ~ursuant to this Section.
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Subd. 8. Spravina Trees.
A. Whenever the Tree Inspector determines that any tree or wood is infected or
threatened with infection, the Tree Inspector may spray or treat all nearby high
value trees with an effective concentrate or fungicide or both. Activities authorized
by this Subdivision shall be conducted in accordance with technical and expert
opinions and plans of the Commissioner of Agriculture and under the supervision
of the Commission and Inspector's agents whenever possible.
B. The notice and assessment provisions of Subdivision 7 apply to spraying and
treatment operations conducted under this Subdivision.
Subd. 9. Transporting Wood Prohibited. It is a petty misdemeanor for any person to transport
any elm wood, or, in the months of April, Mayor June, to transport any oak wood, without having
obtained a permit from the Tree Inspector. The Tree Inspector shall grant such permits only when
the purposes of this Section will be served thereby.
Subd. 10. Intenerence Prohibited. It is a petty misdemeanor for any person to prevent, delay or
interfere with the Tree Inspector while the Tree Inspector is engaged in the performance of duties
imposed by this Section.
Subd. 11. Additional Duties of Tree Inspector. It is the additional duty of the Tree Inspector to
coordinate, under the direction and control of the Council, all activities of the City relating to the
control and prevention of shade tree disease. The Tree Inspector shall recommend to the Council
the details of a program for the control of the diseases, and perform the duties incident to such a
program adopted by the Council.
Subd.12. Diseased Trees in Streets. The rights, duties and responsibilities of property owners
set forth in this Section shall be equally applicable to, and binding upon, abutting property owners
with tree maintenance responsibilities under the Section of the City Code entitled "Regulation of
Grass, Weeds and Trees in Streets".
Subd. 13. Subsidies. The duty of any property owner to bear the cost of removing or maintaining
trees, whether by private contract or assessment, shall be subject to a subsidy policy, if any,
established by the City for the treatment or removal of trees infected with shade tree disease. (Ord.
1, April 1, 1978; Ord. 337, July 23, 1992)
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SEC. 10.71. RULES AND REGULATIONS GOVERNING PUBLIC PARKS.
The City Admi~istrator is hereby empowered to issue and promulgate such regulations as may be
necessary fro"" time to time for the protection and proliferation of wild animals and birds and their
natural habitat ""ithin public parks. In addition, the City Administrator shall, as the Council may from
time to time direct, make such improvements within the parks as may be beneficial to foster and
encourage the proliferation of wild animals and birds in the park and the enjoyment thereof by the
public. (Ord. 1q1, Septembe~ 16, 1982)
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SEC. 10.72. DI~ORDERLY HOUSE OR PLACE OF PUBLIC RESORT.
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It is unlawful fot any person (1) to keep a disorderly house or place of public resort, whereby the
peace, comfort lor decency of a neighborhood is habitually disturbed; or (2) being the owner or in
control of any ptemises, intentionally permit them to be so used. (Ord. 1, April 1, 1978)
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