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HomeMy WebLinkAbout03/03/2014 Work SessionCITY OF COLUMBIA HEIGHTS Mayor Gaps L. Peterson C ounc it m emb ers Robert A. WiDianis 540 40 "' Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Bruce Namocki Visit our website at: www.ci.columbia- heights.nin.us o Tannnera Dieln Doma Schmitt City Manager Walter R. Felist ADMINISTRATION NOTICE OF CITY COUNCIL MEETING to be held in the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: COLUMBIA HEIGHTS CITE' COUNCIL Date of Meeting: MONDAY, MARCH 3, 2.014 Time of Meeting: 7:30 PM or immediately following the public 2. EAB Program — Kevin Hansen 3. Five year Financial Plan — Joe Kloiber The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611 to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only). February 27, 2014 Columbia Heights City Council 590 40' Ave NE Columbia Heights, MN 55421 Dear Members of the Columbia Heights City Council: Enclosed with this letter is information regarding the rental properties owned by Haji Azam. The packet includes a copy of the presentation which the Police and Fire Departments will be reviewing with you on March 3, 2014 and copies of the Conduct on Licensed Premises and Nuisance Call for Service Ordinances which Mr. Azam has violated. Mr. Azam has owned rental property in the city for several years. The properties that will be discussed at the March 3, 2014 work session are: ® 4927 and 4935 University Avenue 4616 and 4622 Tyler Street The rental licenses for 4927 and 4935 University Avenue are due to be renewed on April 1, 2014. The information enclosed in these packets outlines the disproportionate number of police calls and criminal activity associated with these two properties as well as the activity at 4616 and 4622 Tyler Street. Over the last several years, the Columbia Heights Police Department has worked extensively with Mr. Azam in an attempt to bring these issues down to a level that is similar to other rental properties of similar size in the city. Unfortunately, the issues have persisted at an unacceptable level. The Columbia Heights Fire Department has also seen a disproportionate amount of activity, to include an alarming number of code violations that continue to be repeated. The Fire Department has attempted to work with Mr. Azam to address these concerns in an effort to reduce the code violations, but these steps have not worked and Mr. Azam continues to allow the violations to continue. The Police and Fire Departments will be conducting the presentation at the work session on March 3, 2014 and will be present for further discussion at the March 24, 2014 City Council Meeting. Options will be outlined for the Council to consider regarding Mr. Azam's rental license. Sincerely c Nadeau Gary Gorman f Police nef of Police Fire Chief Encl 82541" Ave NE Columbia Heights, MN 55421 Police (763) 706-8100 Fire (763) 706-8126 www.ci.columbia-heights.mn.us ^ j r / « d « � \ : g 9\ ' d % » � ƒ d� > \ , . / « � \ � ® ^ j r / « d y y > \ : g 9\ ' d % d� > 5`7 s u a i r' / 1r 06 a i / / i ri. i i i r j 1 r r �j r� // 1, All sarlllll-lllil',,�'' �7r rte' r 1. l r Imo`' 1, n i lF 1! r, J / 1 ii 1 m `7 `' 1; r p�. r (ter if ,t 7, 1' ( � d i r �p IJ (r Lo rd 0 low 0 0) l� (r � \ ` \ ; \ 2r\ � d � \ f � r 9 � % 2� � y � � � \ ° \ � ' \�. \� � � � \ ; � � � ®k/ � \ % m � d � \ ,y ; \ y = � \ r \ � \ � e r � oil� \ r \ � / I \ � / r \ / � � � < � � \ � \ \1 «% � .� � 4� ; } � � .� \1 ] �J r i J J 1, '2 i i L M5 n. ,1 1 r f a z i • p r D rt r r i .., �- � ; � i • �,, � 'r, �� "•, ` �' _ � � i � i ;., i � • � � ' �, � '' :,,,, �,,, ; �, i «,. ,,:; P, � � • ',y r �' �' �.� � ; ®- ., , ,, ��, i � , r I �,�� ` ,, ,, � �,� � _., , ..� � � � u ti �„ _, . , i „r i �n i � 1 • i, . � i 1 ,,,; 1 „ � i x i r f ,,, ,. 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I �u„ J El -1 `I 1 r 41"'11,17"'ll 'It b y � �l Ii �I� f 1 rir 1' 1„ 1+ 11 'Al y Ad l i, r �j- i' 1 ;h 1 If, � nv� May 1 1, 1 1; 1z 1' 1� �fi . � � . .... . . . . . . . . . . . . . . . . . . . . . ( \ ' r � I � I r r' r z k r i z i- r ` z op U %, ,,,e 2 f (0 0 d rn ,,;, d c's Vii, "j rX 0 !1y �! 0 P4 Eflj f t 1? rz!j (. r E 7 i �P r 1 1i a r„ r� 1 • I � • I • 1 I • f NO o I I i I [W 1i a r„ r� 1 Elm • I � • I • 1 I • f NO d I I i Elm • I I • � • I • 1 I • f I I i I ha I. i Elm I I i ha i rn z 0 P--4 E-4 rn OZ Rl"I'll, tfiI II r� O O O O ® O Ln in M N RI e 4 � 1d1 O Ml bb O L O N O O O fV I r t I i i jl 7 f { f i • �J # p i j 1 z ; w # / q co W le w d $ $ § k z (A � � N N $ 2 m ■ « m 2 � k / } \2 } } k ( } ) } ) �. � { «� , � { , y % % 8 % § 8 Q q d V d 0 in $ j m $ K � Oo � k ■ k � 7 k 2 D m m (n « z ■ k � § � D � N � # is m } ( } `} ) � }\» { q. } } � ) � ¥ } } } m w 8 8 % % 8 § LM Q k q T ® d B & % B d 2 z ■ k � a 2 2 D m � # m m m ) ( ) ` �; \\ ) ( \ ) � ( ) } � � } . r r ',ors r jrn�� r / r / / r � �y r� t � a J i �l %a � 11 r , +1 r r! ,r. 1 N (' f l� ar �% Till a rs i r u 1 r, i a It r i n r r r J PC LJ fJ, / , r a l / , j 1i f fi l / �Aa \�\ � � � G �� � \� BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REPEAT NUISANCE CALL SERVICE FEE Chapter 8 of the Columbia Heights City Code will be amended to include the following: F1 "I'MmAky- Section 8.801 Purpose 8.802 Scope and application 8.803 Definitions 8.804 Repeat nuisance service call fee 8.805 Notice 8.806 Right to appeal 8.807 Legal remedies nonexclusive 8.808 Applicability of repeat nuisance service call fee 8.809 Recovery of fee The purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat service response calls by the City to the same property or location for nuisance service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of this Section to impose and collect service call fees from the owner or occupant, or both, of property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The repeat nuisance service call fee is intended to cover that cost over and above the cost of providing normal law or code enforcement services and police protection city- wide. This Section applies to all owners and occupants of private property which is the subject or location of the repeat nuisance service call by the City. This Section applies to any repeat nuisance service calls made by a City of Columbia Heights peace officer, part -time peace officer, community service officer, animal control and/or code enforcement officers. .t.., U, For purposes of this Section, the term "nuisance misconduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any member of the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the City is required to respond, including, but not limited to the following: (A) Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Code; (B) Any activity, conduct, or condition in violation of Minnesota State Statute 609.33; (C) Any conduct, activity or condition constituting a violation of any Minnesota state law prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and/or (D) Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. (A) The City may impose a repeat nuisance service call fee upon the owner and/or occupant of a private property if the City has rendered services or responded to the property on three or more occasions within a period of 365 days in response to or for the abatement of nuisance conduct. (B) The repeat nuisance service call fee will be set forth in a resolution approved by the City Council. An additional amount may be imposed to reflect the salaries of police officers, community service officers, animal control and /or code enforcement officers while responding to or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city equipment and property damaged as a result of the nuisance call, and the cost of any medical treatment of injured officers. (C) A repeat nuisance service call fee imposed under this Section will be deemed delinquent if it is not paid within 30 days after the City mails the billing statement for the fee. The City will add a ten percent late penalty to a delinquent payment. (A) No repeat nuisance service call fee may be imposed against an owner or occupant of property without first providing the owner or occupant with written notice of the two previous nuisance service calls which are the basis for the fee. The written notice must: (1) Identify the nuisance conduct that previously occurred on the property, and the dates of the previous nuisance conduct; and 2 (2) State that the owner or occupant may be subject to a nuisance call service fee if a third nuisance service call is rendered to the property for any further nuisance conduct; and (3) State that the City has the right to seek other Iegal remedies or actions for abatement of the nuisance or compliance with the law; and (4) Be served personally; by U.S. Mail upon the owner or occupant at the last known address; or by posting the subject property. (A) When the City mails the billing statement for the repeat nuisance service call fee, the City will inform the owner or occupant of their right to request a hearing. (B) The owner or occupant upon whom the fee is imposed must request a hearing within ten (10) business days of the mailing of the billing statement, excluding the day the statement is mailed. The request for a hearing must be in writing and delivered to the City Clerk. The hearing will occur within thirty (30) days of the date of the request. If the owner or occupant fails to request a hearing within the time and in the manner required under this Section, the right to a hearing is waived. (C) The hearing will be conducted by the City Council in an informal manner. The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After considering all evidence submitted, the City Council will make written Findings of Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service fee. The City Council will serve the Findings of Fact and Conclusions upon the owner or occupant by U.S. Mail within ten (10) days of the hearing. (D) If the owner or occupant fails to appear at the scheduled hearing date, the right to a hearing is waived. (E) Upon waiver of the right to a hearing under subdivision (2) or (4) or upon service of the City Council's Findings of Fact and Conclusions that the repeat nuisance call service fee is warranted, the owner or occupant must pay the fee imposed within ten (10) days. Nothing in this Section will be construed to limit the City's other available legal remedies, including criminal, civil, injunctive or others, for any violation of the law. The City may not impose a repeat nuisance service call fee against an owner or occupant for a police response relating to emergency assistance, including, but not limited to, domestic spousal and child abuse. 3 (A) if a repeat nuisance service call fee remains unpaid thirty (30) days after the billing statement is sent by the City, it shall constitute: taxes. (1) a lien on the real property where the violation occurred; or (2) a personal obligation of the owner or occupant in all other situations. (B) A lien may be assessed against the property and collected in the same manner as (C) A personal obligation may be collected by appropriate legal means. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: August 10, 2009 Second Reading: August 24, 2009 Date of Passage: August 24, 2009 Offered by: Kelzenberg Seconded by: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg Attest: C��' OA,,-� atricia Muscovitz, CMC City Clerk M1 § 5..410 CONDUCT ON LICENSED PREMISES/CRIME FREE/DRUG FREE AND DISORDERLY USE LEASE REQUIREMENTS. (A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, crime freeff'drug free and disorderly use language: (1) Crime. f �ee /drug free. (a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug - related criminal activity, on or near the premises. (b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug - related criminal activity, on or near the premises. (c) Resident or members of the household will not permit the dwelling unit to be used fox, or to facilitate criminal activity, including drug- related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. (d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. (e) Violation of any one of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. (2) .Disorderly use. (a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following disorderly use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct, and violations of the city code relating to prohibited noise. (b) Three disorderly use violations involving the same tenancy within a continuous 12- month period shall be a substantial and material violation of the lease and good cause for termination of thetenancy. (3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CRIMINAL ACTIVITY Prostitution, gambling, maintaining or conducting a disorderly house, unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. DRUG REL,4 T'El7 CRIMINAL ACTIVITY The illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in § 102 of the Controlled Substance Act [21 U.S.C. 8021). (4) Non - exclusive remedies. (a) The crime free /drug free and disorderly use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (B) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (C) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the crime free /drug free provisions of subdivision (A)(1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the crime free /drug free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property within the city with an evicted tenant for a period of one year after the eviction. (D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for disorderly use activities as set forth in subdivision (A)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property- manager to take steps to prevent further disorderly use violations. (E) If a second disorderly use violation as determined by the Police Department occurs within a continuous 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten days of receipt of the notice with an action plan to prevent further disorderly use violations. (F) If a third disorderly use violation as determined by the Police Department occurs within a continuous 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of disorderly use violation of the crime free /drug free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property with an evicted tenant within the city for a period of one year after the eviction. (G) The provisions of divisions (C), (D), (E) and (F) herein do not apply if the determination that the premises have been used in violation of the crime free /drug free provisions of subdivisions (A)(1) and (A)(2) herein originates from a call from or at the request of one or more tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term DOMESTICABUSE has the meaning given in M.S. § 518B.0 1, subd, 2. (H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in § 5A.408. (Ord. 1532, passed 11- 26 -07; Am. Ord, 1592, passed 5 -9 -11) Meeting of March 3,_2014 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS BY: Kevin Hansen BY: ITEM: EMERALD ASH BORER (EAB) MANAGEMENT DATE: 2/27/2014 DATE: At the March 4, 2013 work session, information was presented to the City Council regarding the status in the metro area and the potential impact to Columbia Heights of the Emerald Ash Borer. Staff was directed to prepare an Emerald Ash Borer management plan or EABMP. Rather than just starting to treat public trees, staff has developed an overall management plan to proactively address EAB in Columbia Heights. Beginning with a qualitative inventory of public ash trees, the management plan recommended would make a determination of ash trees worth saving, and then develop cost estimates for treating those trees on a one or two year cycle. Purpose of the Plan The purpose of the City of Columbia Heights Emerald Ash Borer Management Plan (Plan) is to prepare the City for the EAB infestation before it is discovered and to buffer its impact on the community. By developing a budget, the Plan will help the City better distribute the costs associated with certain and widespread tree death over an extended time period. By taking a proactive approach toward EAB planning and preparation, the City can better position itself to deal with the ecological and financial impacts of EAB. Columbia Heights Public Ash Tree Inventory City staff completed an inventory of the ash trees on public land. The inventory included tree type, location, size, and condition. Tree size was measured in inches of diameter at breast height (DBH), or 4 -1/2 feet above ground. Tree condition was determined using a rating system of 2 -7, with the descriptions assigned to each rating. Table 1 summarizes the results of the inventory. Table 1: Columbia Heights Public Ash Tree Inventory, 2013 Condition Rating Condition Description Total Trees Total DBH Average DBH 2 Excellent 7 97 14 3 Very Good 60 925 15.5 4 Good 343 5811 17 5 Fair 436 7480 17 6 Poor 77 1179 15 7 Critical 7 112 16 0 Unassigned 5 90 18 Columbia Heights Private Parcel Ash Survey To establish an estimate of private trees, a survey was conducted of the ash trees growing on private property within the city. The survey estimated the most likely number of ash trees growing on private property to be 2,117. With 6,175 private parcels in the city, there is approximately one ash tree for every three residential properties. Public Trees Strategy Public trees are defined as those existing wholly or partially upon City -owned property, such as parks or on public right -of -ways including street boulevards or medians. Staff is recommending the following strategies for dealing with EAB management of public trees: ® Protection of high-quality ash trees (condition 2 -4) with insecticides. ® Removal of low - quality ash trees (condition 5 -7 and unassigned). Replacement of removed public ash trees on a one -to -one basis. CITY COUNCIL LETTER Meeting of: March 3, 2014 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS BY: Kevin Hansen BY: - ITEM: EMERALD ASH BORER (EAB) MANAGEMENT DATE: 2/27/2014 DATE: Page Two Private Trees Private trees are defined as those that exist wholly or partially upon privately owned land and exist outside of City easements and right -of -ways, such as in yards. EAB infestations, known or suspected on private property, will be handled by City staff in accordance with existing City ordinances (see Section 4.201 of the City Code). This section of the code gives the City the authority to enter upon private property to inspect private trees for tree pests and requires the property owner to remove the infested material. All infested material must be disposed of in accordance with the Minnesota Department of Agriculture EAB Quarantine information. The removal of dead and infested ash trees is the responsibility of the property owner. The current policy provides a subsidy equal to 25% of the removal cost, based on the current City tree removal contract pricing. Private ash trees outnumber public ash trees, which makes successful EAB management throughout the city partially dependent on citizen response. Public Education and Communication Staff recommends focusing on educating its citizens on EAB impacts and management through the following tools on the City's website: • An EAB informational page updated and maintained by City staff that addresses the EAB questions and concerns. • Creating an annual tree sale where the City will offer non -EAB susceptible trees at wholesale (bid) prices. ® A contact list for resources for EAB information and management. Staff will also educate citizens through the following methods: • Attending community group meetings upon request. • Disseminating EAB information to targeted areas surrounding known infestations. • Collaborating with the University of Minnesota's Tree Care Advisors program and its educational workshops. 10 -year Budget and Implementation Costs (2 scenarios) Base Case (remove and replace): Assumes all low - quality public trees will be preemptively removed during years 1 -5 and each tree will be replaced the same year it is removed. No trees will be treated and are assumed to succumb to EAB in accordance with the well - established `EAB death curve" and be replaced the same year they are removed. Ash Tree Preservation Plan - ATP (remove, treat and replace): Varies from the Base Case in only one important respect —all high - quality trees will be treated (one -third of the trees every year). It assumes that 3% of the treated trees will succumb to EAB during the first 10 years and an additional 3% during years I I - 20. As with the Base Case, all dead trees will be replaced the same year they are removed. CITY COUNCIL LETTER Meeting of. March 3, 2014 AGENDA SEC'T'ION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS BY: Kevin Hansen BY: ITEM: EMERALD ASH BORER (EAB) MANAGEMENT DATE: 2/27/2014 DATE: Page Three Staff is recommending the ATP plan beginning in 2014. It would involve removing approximately 60 ash trees and treating 100 -140 ash trees, within the 2014 adopted budget. The plan then recommends removing 116 trees each of the next four years to conclude with a planned removal of 524 ash trees in a five- year period. Staff would then bid out treatments for approximately 140 ash trees for the next 10 years (on a three - year repeating cycle). Estimated costs for removals, treatments, and replanting in years 1 -10 are found in Appendix E of the EABMP. The Park and Recreation Commission reviewed and discussed the EABMP at their February 26`h regular meeting. Attachment: EAB Management Plan COUNCIL, ACTION: r vy �� i n r� ,,,,, � r �' � i • �' � � � i �i r ice„ fr �/ � %"� "9 February 2014 U M11 . ' Mayor and City Council Gary Peterson, Mayor Tammera Diehn, Councilmember Bruce Nawrocki, Councilmember Donna Schmitt, Councilmember Robert "Bobby" William, Councilmember PARKS AND RECREATION COMMISSION Eileen Evans, Chair Tom Greenhalgh, Vice Chair Sean Clerkin, Jr. Stan Hoium Kevin McDonald David Payne Marsha Stroik Gary Peterson, Council Representative City Staff Kevin Hanson, Public Works Director Lauren McClanahan, Public Works Superintendant Ws sr, INI,og Rain Tre -Care Rainbow Treecare 11571 K -Tel Drive Minnetonka MN, 55343 Phone: 952 - 922 -3810 Emerald Ash Borer Management Plan City of Columbia Heights Introduction................................................................................................... ..............................1 Purposeof the Plan .............................................................................. ............................... 1 The Emerald Ash Borer Infestation ...................................................... ............................... 1 Tree Inventories and Surveys ........................................................................... ............................... 2 Columbia Heights Public Ash Tree Inventory ....................................... ............................... 2 Table 1: Columbia Heights Ash Tree Inventory, 2013 ............. ............................... 2 Columbia Heights Private Parcel Ash Survey ....................................... ............................... 2 Strategiesfor Public Trees ............................................................................... ............................... 3 Protection of High - Quality Public Ash Trees with Insecticides ............ ............................... 3 Removals.............................................................................................. ............................... 3 Canopy Replacement and Care ............................................................ ............................... 4 Strategiesfor Private Trees .............................................................................. ............................... 4 Responding to EAB Infestations on Private Property .......................... ............................... 4 Removal Private Ash Trees .................................................................. ............................... 4 Public Education and Communication ............................................................. ............................... 5 City Budget and Anticipated Implementation Costs and Benefits .................. ............................... 5 About the Cost, Benefit, and Budget Analysis ..................................... ............................... 5 Findings of the Cost and Benefit Analysis ............................................ ............................... 8 Budget.................................................................................................. ............................... 9 Table 2: Budget Assumptions and Calculations ....................... ............................... 9 Appendices: Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Web Resources Columbia Heights Private Parcel Ash Survey Cost and Benefit Findings Comparative Charts of Costs and Benefits Budget Summary for Years 1 -20 Emerald Ash Borer Management Plan City of Columbia Heights Public trees provide numerous environmental services to the City of Columbia Heights (City). These services include reducing rainfall that reaches storm drains and increasing rainfall that penetrates the soil. Trees also improve air quality by absorbing and intercepting pollutants and providing shade and windbreaks to buildings, which lowers the heating and cooling needs and reduces the pollutants created during energy production. These environmental services contribute to higher property values and decreased crime rates compared to similar properties that do not contain trees. When the quantifiable environmental benefits of trees are weighed against the costs (e.g. purchase, planting, pruning, and removal), the benefits outweigh the costs by a margin of about three to one. According to the Public Ash Tree Inventory conducted by City staff, 935 ash trees are growing on boulevards and public spaces within the City, and all of them are at risk of being killed by the emerald ash borer (EAB). Discovered in Minnesota in 2009, EAB is spreading across the metro area. If not already in the City, it will soon arrive. As of February 2014, the nearest known EAB infested tree is 3 miles from the City's borders.' To replace the 935 trees that could be lost to EAB, thousands more would need to be planted to maintain and expand the City's tree cover. Puroose of the Plan The purpose of the City of Columbia Heights Emerald Ash Borer Management Plan (Plan) is to prepare the City for the EAB infestation before it is discovered, and to buffer its impact on public and private property throughout the community. The Plan will help the City distribute the costs associated with certain and widespread tree death over an extended time period, and lessen the social and economic impacts on the quality of life in the City. By taking a proactive approach toward EAB planning and preparation, the City can better position itself to deal with the ecological and financial impacts of EAB and help prevent the City from being caught off guard. The Director of Public Works will lead the City's efforts to implement and follow up on the provisions of this Plan, with assistance from the Public Works Superintendent and the Parks Foreman. The Emerald Ash Borer Infestation The emerald ash borer, Agrilus planipennis, is an exotic beetle from Asia that was discovered in the United States during the summer of 2002 near Detroit, Michigan. The adult beetles nibble on ash foliage but cause little damage. However, the larvae (during the beetle's immature stage) feed on the inner bark of ash trees and disrupt the tree's ability to transport water and nutrients. EAB may take years to build populations large enough to infest an entire tree, but 1 According to the Minnesota Department of Agriculture Emerald Ash Borer Status Map. http: / /gis.mda.state.mn.us /eab/ Emerald Ash Borer Management Plan Page 11 City of Columbia Heights once an ash tree is infested, it has almost zero chance of survival. The current evidence from Michigan and Ohio shows that it takes five to ten years to infest and kill the majority of the ash trees in a city. Cities infested with this devastating pest have lost tens of millions of ash trees and endured costs that have reached into the billions. It is highly likely the pest is currently attacking trees in the City but has yet to be discovered. The complete loss of ash trees throughout the City due to EAB would have a devastating effect on home values, quality of life, and the environment if the City does not begin to act. • W To anticipate the effects of the imminent EAB infestation, the City and Rainbow Treecare (RTC) conducted a Public Ash Tree Inventory and Private Parcel Ash Tree Survey. Columbia Heights Public Ash Tree Inventory City staff completed an inventory of the ash trees on public building sites, parks and on City Right -of -ways. Staff collected a variety of useful information including tree type, location, size, and condition. Tree size was measured in inches of diameter at breast height (DBH). Tree condition was determined using a rating system of 2 -7, with descriptions assigned to each rating. Table 1 summarizes the results of the inventory: Table 1: Columbia Heights Public Ash Tree Inventory, 2013 Condition Rating Condition Description Total Trees Total DBH Average DBH 2 Excellent 7 97 14 3 Very Good 60 925 15.5 4 Good 343 5811 17 5 Fair 436 7480 17 6 Poor 77 1179 15 7 Critical 7 112 16 0 Unassigned 5 90 18 Columbia Heights Private Parcel Ash Survey In September 2013, Rainbow Treecare (RTC) conducted a survey of the ash trees growing on private property within the City. A survey is not an inventory. An inventory counts and measures each individual tree. A survey is an appropriate alternative because it gathers a sufficient sampling of trees to be statistically representative of the whole. The Columbia Heights Private Parcel Ash Survey was designed to give a statistically valid estimate of the number of trees growing on private property within the City. RTC first determined the total number of private parcels in the City using publicly available information, 6,175 parcels, randomly selected Emerald Ash Borer Management Plan Page ( 2 City of Columbia Heights 105 private parcels, and surveyed them for ash trees. Thirty six of the private parcels surveyed contained ash trees with a total of 41 ash trees counted. The survey estimated the most likely number of ash trees growing on private property to be 2,117. With 6,175 private parcels in the City, there is approximately one ash tree for every 3 residential properties. The survey sample has a 95% chance of representing the actual total private ash tree population. Public trees are defined as those existing wholly or partially upon City -owned property, such as parks or on public rights -of -way including street boulevards or medians. The City's strategies for dealing with EAB management of public trees are as follows: ® Protection of high - quality ash trees (condition 2 -4) with insecticides. • Removal of low- quality ash trees (condition 5 -7 and unassigned). • Replacement of removed public ash trees on a one -to -one basis. Protection of High - quality Public Ash Trees with Insecticides Because of the numerous benefits that trees provide to the City, efforts will be taken to protect high - quality public ash trees using chemical treatments. These treatments have been shown to be highly effective when used before EAB damage is visible, and they drastically reduce the costs associated with EAB management. Over a 10 -year period, 2.5 trees can be treated for the cost of removing and replacing a single tree. The City will utilize the trunk - injection application method for the insecticide, Emamectin Benzoate, on all public ash trees during the months between leaf emergence and leaf -drop. The City adopts a balanced management approach that will allow many of the high - quality trees to be preserved while removing low- quality trees that will eventually pose a hazard to the public. This plan calls for the treatment of 410 ash trees on public land that have been identified as high - quality trees. Removals Public ash tree removal will be prioritized based on quality. The lowest quality public trees will be removed first followed by those that are no longer assets to the community (unhealthy or miss - sited). During the development review process, staff will recommend that ash trees be prioritized for removal over other species when tree impacts cannot be avoided. The current City contractor will be utilized for all public ash tree removals. This plan calls for the removal of 525 low quality public ash trees When EAB is discovered in Columbia Heights, removals will occur under the requirements and guidance of the Minnesota Department of Agriculture (MDA). Emerald Ash Borer Management Plan Page 13 City of Columbia Heights Canopy Replacement and Care As the budget permits, removed public ash trees will be replaced with appropriate plantings selected to enhance the planting site and add to the diversity and general health of the urban forest. The City will attempt to maintain current canopy cover as determined by repeated "fly- over" analyses. New trees will be planted in accordance with the City's Tree Planting Specifications and with City ordinances related to tree diversity. No plantings will be made that cannot be adequately maintained. im Private trees are defined as those that exist wholly or partially upon privately owned land and exist outside of City easements and right -of -ways, such as in yards. The City will utilize the following strategies when dealing with private ash trees that are infested with EAB: Responding to EAB Infestations on Private Property EAB infestations, known or suspected, on private property will be handled by City staff in accordance with existing City ordinances (See Section 4.201 of the City Code). This section of the Code gives the City the authority to enter upon private property to inspect private trees for tree pests and requires the property owner to remove the infested material. All infested material must be disposed of in accordance with the Minnesota Department of Agriculture EAB Quarantine information. Early detection and control of trees infested with EAB are important strategies for protecting surrounding ash trees. Removal of dying and dead ash trees on private property will become an increasingly important strategy as dead trees quickly become brittle and pose risks to people, property, and overhead utility lines due to falling limbs. Removal of Private Ash Trees Ultimately, the removal of dead and infested ash trees is the responsibility of the property owner (see 4.201 of the City Code). However, City resources will continue to be used to subsidize 25% of the removal cost of private trees based on the current City tree removal contract pricing. Private ash trees outnumber public ash trees, which makes successful EAB management throughout the City also depend on citizen response. Successful EAB management is enhanced when the City takes an active role in supporting private tree owners in the management process. Emerald Ash Borer Management Plan Page 14 City of Columbia Heights The Mayor, City Council, Parks and Natural Resources Commission, and the community at large will receive periodic updates on the status of EAB in our community through normal channels. All media relations will follow normal City protocol. Public Works staff will continue to coordinate with the Minnesota Department of Agriculture and other entities concerned with EAB to ensure that the City is following the best practices for detecting and managing EAB. As timing and budget allow, staff will attend conferences, workshops, and seminars related to EAB. Staff will also maintain good communication with adjacent municipalities to ensure mutual awareness of EAB management strategies and to develop mutual aid and equipment sharing as appropriate. The City will endeavor to educate its citizens on EAB impacts and management through the following tools on the City's website: • An EAB informational page updated and maintained by City staff that addresses the EAB questions and concerns. 0 Advertisements of the annual tree sale where the City will offer non -EAB susceptible, trees at wholesale prices. • A contact list containing pertinent resources for EAB information and management. In addition to making information available on the website, City staff will also educate citizens through the following methods: • Attending community group meetings upon request. • Disseminating information to targeted citizens surrounding known infestations. • Appearing on local television programs. • Collaborating with the University of Minnesota's Tree Care Advisors program and its educational workshops. The Tree Care Advisors are a network of community -based volunteers under the direction of the University's Department of Forest Resources, who have been trained to give free or low -cost EAB educational workshops to the public. f � About the Cost, Benefit, and Budget Analysis Appendices C, D and E present the key findings of the cost and benefit analysis that compares two primary scenarios over a 20 -year study period. The first scenario, the Base Case, assumes all low- quality public trees will be preemptively removed during Years 1 -5 and each tree will be replaced the same year it is removed. No high - quality trees will be treated and are assumed to succumb to EAB in accordance with the well - established "EAB death curve" and be replaced the same year they are removed.. The scenario also accounts for the anticipated costs to provide a Emerald Ash Borer Management Plan Page 15 City of Columbia Heights 25% public subsidy of the tree and stump removal costs to private property owners who remove ash trees on their property. The second primary scenario, the Ash Tree Preservation Plan (ATP Plan), varies from the Base Case in only one important respect —all high - quality trees will be treated (1/3 of the trees every year). It assumes that 3% of the treated trees will succumb to EAB during the first 10 years and an additional 3% during Years 11 -20. As with the Base Case, all dead trees will be replaced the same year they are removed. The comparison of the two main scenarios account for tree size over time, costs, and tree benefits based on the National Tree Benefit Calculator. It also includes a third scenario that shows theoretical tree size and benefits as if there was no EAB infestation, and a treatment /no treatment scenario for an individual tree. Appendices C and D include tables and charts of the costs and benefit comparisons. Finally, Appendix E includes the 20 -year budget figures for the ATP Plan. The following lists the main components of the analysis: • Physical characteristics of the 3 tree groups: Since costs and tree benefits vary by tree size, the two scenarios take into account the different average tree sizes (DBH and cross - sectional area) and growth rates for each of the 3 groups of trees — high - quality trees (condition 2 -4), low - quality trees (condition 5 -7), and replacement trees .2 • Costs:3 o Tree deaths and removals: ® Mortality rates :4,5 • EAB death curve • Treated trees • Replacement tree S6 Tree and trunk removal based on tree size at time of death? 2 Growth rates for trees from: "Predicting Dimensional Relationships for Twin Cities Shade Trees," Lee E. Frelich, Department of Forest Resources, University of Minnesota, June 1992. http: / /www.forestry. umn.edu/ prod / groups /cfans / @pub /@ cfans/ @forestry/ documents /asset /cfans_asset_24976 9.pdf. 3 Cost estimates assume city crews perform the work at median wages and that the city pays wholesale prices for chemical treatments. If the city contracts the work out, costs must be escalated to account for corporate profit and possibly higher operating and chemical costs. 4 Source of the EAB "death curve:" "EAB- Induced Ash Mortality in the Upper Huron River Watershed, SE Michigan," OARDC, Ohio State University. http://www.oardc.ohio - state.edu/hermslab/ images/ Herms _EAB_Management_12_Feb_2013.pdf 5 Source for mortality rates for treated and untreated trees: McCullough, Deborah G.; Mercader, Rodrigo 1.; "Evaluation of potential strategies to SLow Ash Mortality (SLAM) caused by emerald ash borer (Agrilus Planipennis): SLAM in an urban forest," International Journal of Pest Management, Vol. 58, No. 1, January —March 2012,9-23. 6 New trees have a higher mortality rate than mature trees. Plan assumes 5% of new trees will die in first year and 2% of the remaining trees over the next 5 years consistent with field studies. This will equal a 6.9% loss overall. Source: Purdue University EAB Cost Calculator. http: // extension .entm.purdue.edu /treecomputer/ Averages for tree and stump removal costs are from the City of Columbia Heights. Emerald Ash Borer Management Plan Page 16 City of Columbia Heights o Replacement trees: ® Cost of tree and planting$ ® Additional costs related to the higher maintenance costs and mortality rates of new trees versus mature trees9 • ATP Plan treatments for surviving trees: Labor, materials, and overhead based on tree size10 • Cost escalators during the peak of the infestationll • Return on investment analysis that accounts both for inflation and the time - value of money" Benefit analysis;13 o Overall economic value • Property value increase • Blended benefit factor that accounts for different economic benefit rates by land use 14 • Stormwater interception • Conservation of electricity and natural gas • Carbon sequestration and avoidance • Calculation of how surviving trees offset the energy consumption and carbon emissions of average Minnesota households 15 8 Source of estimates for purchase and planting of replacement trees: Rainbow TreeCare. New trees require more per -tree maintenance costs for pruning, watering, etc. The annual additional maintenance costs are based on: "Value, Benefits, and Costs of Urban Trees," Brian Kane, Assistant Professor, University of Massachusetts, Amherst, Jeff Kirwan, Extension Forestry Specialist, Virginia Tech. http: / /pubs.ext.vt.edu /420/420 - 181/420 -181 pdf.pdf. 9 New trees require more per -tree maintenance costs for pruning, watering, etc. The annual additional maintenance costs are based on: "Value, Benefits, and Costs of Urban Trees," Brian Kane, Assistant Professor, University of Massachusetts, Amherst, Jeff Kirwan, Extension Forestry Specialist, Virginia Tech. http: / /pubs.ext.vt.edu /420/420 - 181/420 -181 pdf.pdf.During the peak of the infestation, demand for all tree - related services (pruning, removals, replanting, treating, maintenance, debris management, etc.) will explode. For example, the pruning contract for the City of Fort Wayne Indiana increased 53% between the beginning and the peak of the infestation (personal communication with the City Arborist). This plan assumes the EAB death curve is an appropriate surrogate for the expected increases. 10 Assumed labor cost rate: Minnesota median hourly wage for pesticide handlers, sprayers, and applicators (source: http: / /www.bls.gov /oes /current /oes373012.htm #st) plus 25% in benefits. 11 During the peak of the infestation, demand for all tree - related services (pruning, removals, replanting, treating, maintenance, debris management, etc.) will explode. For example, the pruning contract for the City of Fort Wayne Indiana increased 53% between the beginning and the peak of the infestation (personal communication with the City Arborist). This plan assumes the EAB death curve is an appropriate surrogate for the expected increases. 12 Assumes 2% annual inflation and a 5% discount rate over the 20 -year budget period. 13 Source: National Tree Benefit Calculator: http: / /www.treebenef its.com /calculator /treeinfor.cf m? zip= 55118& city= SAINT %20PAUL &state= MN &climatezone= Midwest 14 The National Tree Benefit calculations are based on ash trees on single - family residential lots. In order to account for the reduced economic benefits attributable to ash trees on multi - family and non - residential lots, the benefits are reduced on a pro -rata basis per the share that each land use category represents overall. 15 Sources for the calculations for energy and carbon offsets for the average Minnesota household are extensive and are available upon request. Emerald Ash Borer Management Plan Page 17 City of Columbia Heights Findings of the Cost and Benefit Analysis ® Overall costs: o By Year 10, every dollar invested in the ATP Plan preserves over 4 times as much DBH compared to having to pay for the Base Case: 7,000 additional inches of trunk diameter. o Assuming 2% annual inflation and 5% discount factor, the ATP Plan approach provides a return (i.e. additional dollars on top of the original investment) of $0.22 in Year 3 for every dollar invested, and a return as high as $3.37 in Year 7 for every dollar invested. Returns remain highly positive in Year 15 and Year 20. • If private tree owners preserve 5% of the private trees and the City provides a 25% subsidy of the removal costs for other private trees, the program will cost the City $216,000 over Years 1 -11. This equals 30% of the total costs for the ATP Plan with the subsidy program. • For the individual tree comparison, treatment preserves all of the tree's benefits for less than half of the costs of the no- treatment approach using less than 13 ounces of pesticide over each 10 -year period. ® Tree value: • By Year 10, every dollar invested in the ATP Plan preserves over twice as much tree value compared to having to pay for the Base Case: $337,000 more in overall tree value. • By Year 10, every dollar invested in the ATP Plan preserves 33% more of the property value benefit from trees compared to the Base Case: $71,000 more. • By Year 10, every dollar invested in the ATP Plan preserves almost twice as much of the stormwater interception benefit compared to the Base Case: 4.4 million additional gallons. o By Year 10, every dollar invested in the ATP Plan preserves 1.5 times as much of the electricity conservation benefit compared to the Base Case: 470 megawatt hours more. Preserved trees offset the electricity consumption of 10 Minnesota households every year. o By Year 10, every dollar invested in the ATP Plan preserves 1.5 times as much of the natural gas conservation benefit compared to the Base Case: 65,600 more therms. Preserved trees offset the natural gas consumption of 21 Minnesota households every year. o By Year 10, every dollar invested in the ATP Plan preserves twice as much of the CO2 emission reduction benefit compared to the Base Case: 920 more tons. Preserved trees offset the CO2 emissions of 51 Minnesota households every year. Emerald Ash Borer Management Plan Page 18 City of Columbia Heights •:- The City budget for 2014 includes $12,500 for EAB management and $65,000 for removal and replacement costs for ash and other public and private trees. The City goal is to remove and replace 60 low- quality ash trees in 2014 and 110 -115 additional trees each year until this group of trees is completely replaced (refer to Table 3). The ATP Plan implements the City budget amounts and tree removal and replacement expectations for 2014 and subsequent years. After reserving about $20,000 per year for Years 1 to 11 to subsidize the removal of private ash trees, there will be excess funds in 2014 that could be used to treat an additional 162 trees or remove and replace an additional 17 trees. Some of the money could also fund other EAB- related activities such as detection and trap trees, or a program to subsidize the treatment of private trees that contribute to the public realm. Appendix E provides budget detail for Years 1 -20. Table 2: Budget Assumptions and Calculation S16 Current Budget ATP Plan 2014 2015 EAB management: 2014 budget need for treatments for EAB $12,500 1 $8,887 $9,232 Budget for removals and replacements (private and public ash and other trees): Dollars available in 2014 $65,000 Low - quality trees to be removed in 2014 60 60 Low - quality trees to be removed in subsequent years (Year 2 -5) 100 to 115 116 Removal costs for ash trees and stumps $19,241 $38,482 Replacement costs for ash trees $18,960 $37,581 Public subsidy rate for private tree removals 25% Expected average annual public subsidy over Years 1 -11 $19,848 $19,848 Total removal and replacement costs incl. public subsidy $58,047 $95,909 Remaining budget (EAB and removals) for removals and replacements of trees other than ash (includes excess funds from EAB budget) $10,566 Number of additional trees that can be removed and replaced with remaining budget 17 Number of additional trees that can be treated with remaining budget 162 Appendices: Appendix A: Web Resources Appendix B: Columbia Heights Private Parcel Ash Survey Appendix C: Cost and Benefit Findings Appendix D: Comparative Charts of Costs and Benefits Appendix E: Budget Summary for Years 1 -20 16 Cost estimates assume city crews perform the work at median wages and that the city pays wholesale prices for chemical treatments. If the city contracts the work out, costs must be escalated to account for corporate profit and possibly higher operating and chemical costs. Emerald Ash Borer Management Plan Page 19 City of Columbia Heights l. Emerald ash boner Z. Minnesota Department ofNatural Resources on Emerald Ash Borer 3. United States Forest Service on Emerald Ash Borer jeabZ 4. Stop the Beetle presented by the USDA 5. Minnesota Department of Agriculture on Emerald Ash Borer 6. Emerald Ash Borer: Invasion of the Urban Forest and the Threat to North America's Ash Resource hy Poland and McCullough http://orig'���s.fed.us/pubs/irni/2006/nc 2006 Poland 003.pdf 7. HungryPests.com by the United States Department of Agriculture on Emerald Ash Borer 8. Michigan Department of Agriculture and Rural Development on Emerald Ash Borer 9. University nfMinnesota Extension on Emerald Ash Borer lU. Michigan State University Extension on EAB 11. Ohio Department of Agriculture on Emerald Ash Borer 12. Take Action for Trees 13. The Tree Geehon Emerald Ash Borer 14. Rainbow Treecareon Emerald Ash Borer lS. Stop the Emerald Ash Borer onFaoebook Videos 16.Tlnne.conn feature "Meet the Beet|us"/3:41 run time) 17. Emerald Ash Borer Research at Michigan State University (8:09 run time) 18. Invaders: Emerald Ash Borer by the Minnesota Department of Agriculture (6:19 run time) 19. The Lifecycle of the Emerald Ash Borer by the Minnesota Department of Agriculture (00:30 run time) Emerald Ash Borer Management Plan City of Columbia Heights httr)://www.voutube.com/watch?v=9G-OeG63201 20. University of Illinois Extension Video on Emerald Ash Borer Identification (12:49 run time) http:l/www.youtube.comlwatch?v=cUod bwOHCU Emerald Ash Borer Management Plan City of Columbia Heights 0, , - oil Tr *card October 2, 2013 Private Parcel A i i Tree For i' of Columbia Summary In September 2013, Rainbow Treecare (RTC) conducted a survey of the ash trees growing on private property within the City of Columbia Heights (City). The survey estimated the most likely number of ash trees growing on private property to be 2,117. With 6,175 private parcels in the City, there is one ash tree for every three residential properties. The survey sample has a 95% chance of representing the total private ash tree population. i�.'' A �i� •' '7 �N Using standard statistical methods to design the appropriate degree of accuracy for this survey, RTC established a confidence interval of ± 10 %. The survey was designed to have a confidence level of 95% (95% confident that the actual number is within ±10 %). That range would allow for the total number of private ash trees to be between 2,096 and 2,138. The standard error (0.047) measures the survey's variation and gives the statistical likelihood that the estimate is near the true value. A smaller standard error means the estimate is less variable and therefore more likely to be accurate. RTC first determined 6175 to be the total number of private parcels in the City using publicly available information. 105 private parcels were chosen randomly and surveyed for ash trees. 36 of the surveyed private parcels contained ash trees with a total of 41 ash trees counted. The following table lists the survey characteristics. Private Ash Tree Survey Characteristics Confidence Level 95% Confidence Interval ± 10% Standard Error 0.047 Population (total number of parcels) 6,175 Sample Size (number of parcels) 105 Ratio of Population to Sample Parcels 58.81 Sample Mean .343 Sample Standard Deviation .477 Sample Variance .227 Sample Sum 36 Emerald Ash Borer Management Plan City of Columbia Heights I a l AL qp y,I oAw mwuum r Nk ft 3 r® tl1 < (1) , LM r, ,x Fd orS w �1 O Q) 0 0 ��; �..... CL co 111111 CL In D❑1LIFj �. ,,,., . 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