HomeMy WebLinkAboutCity Council Resolution 1974-519CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the City
Council of the City of Plymouth, Minnesota, was held on the 21st day
of October , 19 74 The following members were present: Mayor Hilde,
Councliffibn un , eils, Sei'G1-d and Spaeth
The following members were absent: none
Councilman Seibnld introduced the following Resolution and
moved its adoption:
RESOLUTION NO. 74-519
SHADE TREE DISEASE CONTROL POLICY
WHEREAS, the City Council has adopted an Ordinance providing for the control of
shade tree diseases, in accordance with State statutes, nd
WHEREAS, certain administrative policies and procedures are required to be established
in order to effectively administer this Ordinance,
• NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH
that the following policy, attached as Exhibit A, hereto be and the same is hereby
adopted as the City's Shade Tree Disease Control Policy.
The motion for the adoption of the foregoing Resolution was duly seconded by
Ar;ting_May , and upon vote being taken thereon, the
• to owt� g vote ij� favor t ereTi -� : Acting Mayor Hunt, Councilmen
Neils, eibold and Spaeth
iiie foTIowirg voted against or abstained: none. (Mayor Hilde had left the me*eting.)
Whereupon the Resolution was declared duly—passed and adopted.
The following policy is established to guide the City in aeminister-
ing Plymouth's Shade .:ree Disease Control Program.
' It shall be the F-nlicy of the City in carrying out the provisions
of Ordinance 74-17 adopted August 5, 1974, as well as the appropriate
State statutes and the rules and regulations of the DepartmentofAgriculture, to adhere to the following:
1. Diseased Shade Trees. For the purposes of this policy
a disease s ade tree is a tree which has been confirmed, through
insaection and testing, to be infected with either Dutch Elm
Disease or Oakleaf Wilt Disease. Confirmation that a tree is
infect=d with a shade tree disease must be made or approved by
the City Tree Inspector.
2. Treatment. The treatment of diseased shade trees shall
be in con
foe ,lith appropriate Department of Agriculture
rules and regulations. It is anticipated that most diseased
shade tre:o will require removal.
3. Remo*ral. It shall be the City policy to require prop-
erty owners vz3n whose parcels diseased shade trees are situated
to remove the same in accordance with appropriate Department of
AC:=culture rulcs and regulations. L-iners shall be notified in
accordance with established procedures in order that they may
voluntarily remove the tree prior to the City having it removed.
It shall be the policy of the City to remove all diseased shade
trees when the owners of the property upon which 'a diseased
shade tree is situated fails to remove the tree as directed by
the City Tree Inspector. It shall be the policy of the City to
contract for the removal of diseased shade trees to the lowest
bidder rather than by removing the trees through the use of City
crews.
Financing. The expenses incurred in the removal of
diseased shade trees shall be the responsibility of the property
owner, except for diseased shade trees located in street rights-
of-way. Diseased shade trees situated on street rights-of-way
located on private property may be removed by the owner of
the property. The City will reimburse the owner for one-half of
the cost of removal provided that the cost thereof is agreed to
In writing in advance by the City Tree Inspector and Finance
Director, and further that the property owner agrees in writing
to holdtheCity harmless from any and all damage claims arising
from his removal of the diseased shade tree. The City shall be
responsible to remove, at its sole expense, all diseased shade
trees located upon property for which it holds fee title. In the
event the City Is required to remove trees located upon private
property, including diseased trees on private property in a
street right-of-way, the City shall assess the cost of such
removal to the parcel in accordance with the foregoing policy.
Such special assessments shall normally be for a period of one (1)
year; however, the Council may extend the period of such assess-
ments for a period not to exceed five (5) years.
James 0. Willis
JOW.n