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HomeMy WebLinkAboutItem 5City of Lakeville Public Works Memorandum To: Mayor and City Council Justin Miller, City Administrator From: Neil Normandin, Interim Public Works Director Emily Ball, City Forester Copy: Date: October 22, 2018 Subject: Implementation of the EAB Management Plan and Ordinance to Minimize the Impacts of the Emerald Ash Borer and other Pests PURPOSE Provide an update of the implementation of the EAB Management Plan and those actions planned during the winter and review the shade tree epidemic pest ordinance. EMERALD ASH BORER MANAGEMENT PLAN • In February 2018, the Public Works Department proposed a management plan and City ordinance to guide resident and City action in response to the recently discovered emerald ash borer (EAB) infestation. After receiving further guidance from the City Council in March 2018, the city forester implemented the EAB Management Plan on City property. • The EAB management plan outlined best practices to discover those ash trees likely to be infested, the best methods for control of EAB, the systematic removal and disposal of infested trees, and possible mechanisms for biological control. It also provided options for reforestation in a manner that would improve species diversity. o The plan recommended a total of 1,800 trees to be injected to prevent EAB. In June 2018, 983 ash trees were injected on City boulevards, parks and facilities. The remainder will be injected in June 2019 under the second year of the two- year contract with Rainbow Treecare. o The City requested a private property injection rate along with a public property rate to establish a private-property “bulk treatment” program. The goal of the program is to incentivize ash tree preservation by residents on their own property and in 2018, there were 914 trees treated. o Twelve trees were planted in at Oak Shores Park to replace the 16 EAB-infested ash that were removed in the winter of 2018. o Staff budgeted to start the five (5) year structured removal portion of the EAB plan in January 2019. In the first year of the plan, the recommendation is to remove 69 boulevard, 43 park, and 5 facility/utility ash trees. o Based on ash inspections completed in 2018, staff anticipates there may be some resistance from residents about removing boulevard trees without the opportunity for replacement, especially since many will appear “healthy” to the average resident. SHADE TREE EPIDEMIC PEST ORDINANCE • The proposed ordinance is oriented to the discovery and abatement of plant pathogens, noxious plants, and insect and other epidemic shade tree infestations within the community. It provides a means for inspection of shade trees on both public and private property. It references a policy that outlines both control areas and measures to be taken for declared pests such as Oak wilt disease and Dutch elm disease, in addition to EAB. It has been modified since the March 26th work session based on Council feedback. o The ordinance was modified from a “Model Shade Tree Ordinance” template provided by the League of Minnesota Cities (LMC) and recommended by the City Attorney. o In section 4-4-16 Penalty, there is a reference to the possibility of a misdemeanor. The City Attorney clarified that any code violation related to existing City ordinances could be subject to a misdemeanor, but in response to the concern, the detail was deleted since it is covered in Code under Nuisance 4-1-1. o If the City Council approves the ordinance, staff would start inspecting private property for EAB infestations during the winter of 2019. During the Department of Agriculture visual survey in December 2017, most of the EAB-infested trees were located on private property. o The detail related to the control areas and control measures for epidemic pests have been moved to a policy document called The City of Lakeville Shade Tree Epidemic Pest Control Area and Control Measures Policies. o In addition to the proposed ordinance, pursuant to City Code 4-1-1, part “C” staff can address any tree located on private property that the city forester or their representative has inspected and determined has significant structural defects likely to damage public property or endanger the public health, safety or welfare. RECOMMENDATION • Continue to implement the EAB management plan in 2018 and 2019 with existing budgeted funds and staff time • Implement the Private Property portion of the proposed EAB Management Plan • Prepare the Shade Tree Epidemic Pest Control Ordinance for City Council approval • Prepare the City of Lakeville Shade Tree Epidemic Pest Control Area and Control Measures Policies for City Council approval. 1 199476v1 ORDINANCE NO. ___ CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 4, CHAPTER 4 OF THE LAKEVILLE CITY CODE CONCERNING SHADE TREE EPIDEMIC PEST CONTROL THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 4, Chapter 4 of the Lakeville City Code is amended in its entirety to read as follows: 4-4-1: DECLARATION OF POLICY: Trees provide many environmental, economic and aesthetic benefits to the public. The health of the trees in the City of Lakeville is threatened by shade tree pests of an epidemic nature. The loss or poor health of trees growing upon public and private property substantially depreciates the value of property within the city and impairs the safety, good order, general welfare and convenience of the public. The Council intends to address pests of an epidemic nature, defined as having a widespread occurrence directly associated with a high mortality of a tree species. In addition to and in accordance with Minn. Stat. §§ 89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to prevent, control and/or slow the spread of these serious shade tree pests in an orderly and systematic approach in order to reduce the loss of tree benefits to the community 4-4-2: JURISDICTION: The city shall have control of all boulevard (street) trees, shrubs, and other plantings now or hereafter in any street, park, public right-of-way or easement, or other public place within the city limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs, and other plantings. 4-4-3: DECLARATION OF A SHADE TREE PEST: The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, parasitic plant or allied organism in the community threatening to cause significant damage on an epidemic level to a shade tree or community forest, as defined by Minn. Stat. § 89.001, to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest, including necessary timelines for action as recommended by the Minnesota Department of Agriculture and the University of Minnesota Extension. 4-4-4: PUBLIC NUISANCES DEFINED: The following shade tree pests occurring within a defined control area on public or private property are a public nuisance: 2 199476v1 A. Any living or dead ash tree, or part of it including logs, branches, stumps or firewood harboring emerald ash borer, Agrilus planipennis Fairmaire in any life stage; B. Any living or dead red oak tree, or part of it including logs, branches, stumps or firewood infected with oak wilt Bretziella (form. Ceratocystis) fagacearum to any degree with the capability of producing a spore mat; C. Any living or dead elm tree or part of it including logs, branches, stumps or firewood infected to any degree with the Dutch elm disease fungus Ophiostoma novo-ulmi or any non-infected elm wood with intact tight bark that will harbor any of the elm bark beetles including but not limited to Scolytus multistriatus, Scolytus schevyrewi, and Hylurgopinus rufipes; D. Any living, dying or standing tree, wood or plant part infected with any vertebrate or invertebrate animal, plant pathogen, parasitic plant or allied organism in the community threatening to cause significant damage to other trees on an epidemic level as defined by Minn. Stat. § 89.001. 4-4-5: SHADE TREE PEST NUISANCES ARE UNLAWFUL: It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises the person owns or controls within the city. It is unlawful for any person to transport any infested or infected plant material determined to be a shade tree epidemic pest unless prescribed by the city forester or designated tree inspector, including the sale of or dispersal of firewood found to be infested. The nuisance may be abated as provided in this section. 4-4-6: CITY FORESTER: The Council may appoint a city forester who is a Minnesota Certified Tree Inspector to coordinate the activities of the city relating to the control and prevention of damage by shade tree pests. The city forester will recommend to the Council the details of any program for the declaration, control, and prevention of shade tree pests. The city forester is authorized to enforce or cause to be enforced the tasks incident to such a program adopted by the Council. The term “tree inspector” includes any person designated by Council or the city forester to carry out activities authorized in this section. 4-4-7: ABATEMENT OF SHADE TREE PEST NUISANCES: In abating a nuisance, defined under Section 4-4-3 of the City Code, the organism, condition, plant, tree, wood, or material identified as injurious on an epidemic scale to the health of shade trees shall be removed or effectively treated to destroy and prevent as fully as possible the spread of the shade tree pest. Such abatement procedures shall be carried out in accordance with the control area and control measures prescribed by The City of Lakeville Shade Tree Pest Control Area and Control Measures Policies (“Policies”). Movement or transportation of infested wood or materials must comply with the Policies. 3 199476v1 4-4-8: REPORTING DISCORVERY OF SHADE TREE PEST: Any owner or occupier of land or any person engaged in tree pruning or removal who becomes aware of the existence of a public nuisance caused by a shade tree pest as defined under Section 4-4-3 shall report the same to the city. 4-4-9: REGISTRATION OF TREE CARE FIRMS: Any person, firm, or corporation that provides tree care, tree pruning, or removal of trees, limbs, branches, brush, or shrubs for hire must be registered with the Minnesota Commissioner of Agriculture under Minn. Stat. § 18G.07. 4-4-10: INSPECTION AND APPLICATION OF CONTROL MEASURES: A. The city forester or designated tree inspector is authorized to inspect premises and places within the city to determine whether shade tree pests exist thereon and to investigate all reported incidents of shade tree pests. The tree inspector is authorized to take all reasonable measures to prevent the maintenance of public nuisances and may enforce the provisions relating to abatement in this section. Diagnosis of shade tree pests will be made by the presence of commonly recognized visual symptoms and signs; and occasionally by tests when recommended by the commissioner of the Minnesota Department of Agriculture or the commissioner of the Minnesota Department of Natural Resources; or other reliable means. B. The city shall notify the entire community by two means of communication such as the city website and official newspaper when seasonal inspections for shade tree pests are about to commence. In addition, the tree inspector shall knock on the door before entering private property for the purpose of inspecting or abating nuisances. If the owner, resident, or other person in control of the property answers the door and does not give the tree inspector permission to enter; the tree inspector will take appropriate legal measures to gain authorization for entry. C. No person, firm, or corporation shall interfere with the tree inspector or with anyone acting under the city forester’s authority while engaged in activities authorized by this section. 4-4-11: STANDARD ABATEMENT PROCEDURE: Except as provided in Sections 4-4-12 and 4-4-14 of the City Code, whenever a tree inspector determines with reasonable certainty that a public nuisance, as described by this ordinance, is being maintained or exists on premises in the city, the tree inspector is authorized to abate a public nuisance according to the procedures in this section. A. The tree inspector will notify in writing the owner of record of the premises that a public nuisance exists and order that the nuisance be terminated or abated. The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. A copy will be on file at the City offices. 4 199476v1 B. The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated by the city at the expense of the owner. The notice shall specify the control measures to be taken to abate the nuisance and provide a reasonable amount of time to abate the nuisance. The notice will also state that the owner has the right to appeal the determination that a public nuisance exists by submitting a request in writing to the city clerk within seven (7) days after service of the notice, or before the date by which abatement must be completed, whichever comes first. C. If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the tree inspector or designated person shall have the authority to obtain permission from the owner or individual in control of the property or other legal authorization, enter the property and carry out abatement in accordance with the notice of abatement. 4-4-12: HIGH-COST ABATEMENT: If the tree inspector determines that the cost of abating a nuisance will exceed $5,000 based on a reasonable, good faith estimate, the written notice referred to in Section 4-4-11 must provide that if the nuisance is not abated within the reasonable amount of time provided, the matter will be referred to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice. 4-4-13: APPEAL PROCEDURE: If the city clerk receives a written request for a hearing on the question of whether a public nuisance exists, the City Council shall hold a hearing within fourteen (14) calendar days following receipt by the clerk of the written request. At least three (3) days’ notice of the hearing shall be given to the individual who made the written request for the hearing. The Council may modify the abatement notice or extend the time by which abatement must be completed. Each owner, agent of the owner, occupant, and lienholder of the subject property or properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. After holding the hearing, the City Council may issue an order requiring abatement of the nuisance. 4-4-14: ABATEMENT PROCEDURE IN EVENT OF IMMINENT DANGER: A. If the tree inspector determines that the danger of infestation to other shade trees is imminent, and delay in control measures may put public health, safety, or welfare in immediate danger, the tree inspector may provide for abatement without following Section 4-4-11 or 4-4-12. The tree inspector must reasonably attempt to notify the owner of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting. B. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. 5 199476v1 4-4-15: RECOVERY OF COST OF ABATEMENT; LIABILITY AND ASSESSMENT: A. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the city clerk or other official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the city clerk. B. After notice and hearing, as provided in Minn. Stat. § 429.061 (which may be amended from time to time), the city clerk shall, on or before Sept. 1 next following abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed under Minn. Stat. § 429.101 against each separate lot or parcel to which the charges are attributable. The City Council shall then certify the charges against the property to the county auditor for collection along with current taxes the following year or in annual installments as the City Council may determine in each case. 4-4-16: PENALTY: In addition to any penalties provided for in this code if any person, firm, or corporation fails to comply with any provision of this section, the City Council or any official designated by it may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation. 4-4-17: SEVERABILITY: Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held to be invalid. SECTION 2. This Ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this ____ day of _______________, 2018. CITY OF LAKEVILLE BY: _______________________________ Douglas P. Anderson, Mayor ATTEST: ____________________________ Charlene Friedges, City Clerk 199004v1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. _____ RESOLUTION APPROVING THE CITY OF LAKEVILLE POLICIES CONCERNING SHADE TREE EPIDEMIC PEST CONTROL AREA ND CONTROL MEASURES WHEREAS, the City is proposing to adopt an ordinance concerning shade tree epidemic pest control and desires to establish policies to prevent, control and/or slow the spread of epidemic pests within the City; WHEREAS, the City Forester has reviewed and recommends adoption of the Shade Tree Epidemic Pest Control Area and Control Measures Policies attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville that the City of Lakeville Shade Tree Epidemic Pest Control Area and Control Measures Policies attached hereto are hereby adopted. ADOPTED this _______ day of _____________, 2018, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: _______________________________ Douglas P. Anderson, Mayor ATTEST: ______________________________ Charlene Friedges, City Clerk 199004v1 EXHIBIT "A" City of Lakeville: 10/22/2018 Page 1 Exhibit A The City of Lakeville Shade Tree Epidemic Pest Control Area and Control Measures Policies These policies provide the definitions for control areas and specific control measures related to abating nuisances pursuant to the City Code regulating Shade Tree Epidemic Pest Control. Shade tree pests are defined in the City Code as a nuisance. Shade tree pests of an epidemic nature are those that have a widespread occurrence directly associated with a high mortality of a tree species. Trees provide many environmental, economic and aesthetic benefits to the city of Lakeville and the ordinance and policies aim to prevent, control, and/or slow the spread of epidemic pests in an orderly and systematic approach to preserve as many of the tree benefits as possible. The control area and measures policies may be updated when there are advances in technology and scientific research toto reflect the recommended best management practices. 1.1 Emerald Ash Borer. (A) Emerald ash borer, Agrilus planipennis Fairmaire is a non-native invasive shade tree pest and is defined as an insect that infests and kills ash trees. The adults are small, iridescent green beetles that live outside of trees from May 2nd until September 30th. The immature stage are larvae; grub-like organisms which live and feed underneath the bark of ash trees disrupting the tree’s ability to transport water and nutrients. The typical City inspection period for this pest is October 1st- April 1st of each year. Inspections are linked to the best-management practice to refrain from moving ash wood while EAB is active from May 2nd-September 30th . (B) Control measures that may be taken to manage and abate emerald ash borer are: 1) Use of appropriate insecticides. Proper insecticide application can preserve ash trees ten (10) inches in diameter and larger using stem injected emamectin benzoate (insecticide) at the appropriate rate (dose) by a state licensed pesticide applicator at an interval prescribed by the label when the tree has less than or equal to thirty (30) percent canopy dieback. If the tree is showing signs of EAB and has been marked for removal or is under consideration for marking, all associated pesticide applicator records must be remitted to the city forester or designated tree inspector as proof of application. Insecticide injections on private lands are optional and, if performed, are at the landowner’s expense. Insecticides are the only method that can be used to prevent ash mortality and must be completed by a qualified contractor registered with the Minnesota commissioner of Agriculture under Minn. Stat. § 18G.07. 2) Removal and disposal of trees. All wood more than one (1) inch in diameter or three (3) inches in circumference from the removed ash tree must be disposed of within the timeline provided by the City by chipping into (1) inch or less in two (2) dimensions (two (2) of three (3) measurements-length, City of Lakeville: 10/22/2018 Page 2 width and thickness-must be one (1) inch or smaller) or by hauling to a wood waste facility following all current Minnesota Department of Agriculture (MDA) quarantines or guidelines, established on a county basis. The stump from such removed trees must not extend more than three (3) inches above the ground or, if taller, must be completely debarked. Tree removal is required within thirty (30) days of inspection and first notification of nuisance. Individual extensions up to two weeks will be approved on a case-by-case basis depending on site factors such as trees requiring utility line clearance. (C) Definition of control areas. The control area for emerald ash borer is defined as: All lands within the boundaries of the City are considered the control area. Whenever a nuisance as defined in City Code is found to exist within any developed/utilized portions of any parcel regardless of zoning or within one hundred (100) feet of such developed/utilized areas of any property or within 75 feet of any paved City trail that may lie within non-maintained naturally wooded areas on private property or City property, the tree will be considered within the control zone. 1.2 Oak Wilt. (A) Oak wilt disease is a shade tree pest and is defined as any living or dead tree, log, firewood, limb, branch, stump, or other portion of a tree from any oak species of the genus Quercus existing within the control area that has bark attached and that exceeds three (3) inches in diameter or ten (10) inches in circumference and contains or can produce to any degree a reproductive structure (fungal spore mats) of the fungus Bretziella (form. Ceratocystis) fagacearum. The typical City inspection period for this pest is June 1st- September 30th during leaf-on conditions when symptoms may appear. (B) Control measures that may be taken to manage and abate oak wilt disease are: (1) Installation of a root graft barrier. A root graft barrier can be installed to prevent the underground spread of oak wilt disease. The City may assist in marking the proposed location of the root graft barrier to assist the landowner. The barrier disrupts transmission of the fungus within the shared vascular systems of trees sharing a common root system. The barrier is created by excavating or vibratory plowing a line into the soil to break shared roots. The most effective depth is sixty (60) inches with a vibratory plow. On difficult sites, a trencher may be used to achieve a minimum of forty-two (42) inches depth between any oak tree infected with oak wilt disease and each nearby and apparently healthy oak tree within fifty (50) to one hundred (100) feet of the infected tree. Although it is the best method to prevent the underground spread of oak wilt, the root graft barrier may be impossible to install because of the presence of pavement or obstructions such as a steep slope, septic system or utility lines. Root graft barriers on private property are optional and if performed, are at the landowner’s expense. (2) Use of fungicide. City of Lakeville: 10/22/2018 Page 3 Fungicides (propiconazole) may be effective in preventing the above ground formation of oak wilt symptoms when injected into the stem (trunk) of living red oak trees that do not already show symptoms of oak wilt disease. They may also be used therapeutically for trees in the white oak group once they have been found to have oak wilt disease (bur and white oaks). Fungicide injections on private lands are optional and, if performed, are at the landowner’s expense. Injections must be repeated every two growing seasons for several cycles to protect the trees and must be completed by a qualified contractor registered with the Minnesota commissioner of Agriculture under Minn. Stat. § 18G.07. (3) Removal and disposal of trees. The City will mark for the removal of diseased red oak trees that have the potential to produce spores of the fungus Bretziella (form. Ceratocystis) fagacearum. If the site permits it, the landowner or adjacent property owner’s planned root graft barrier(s) should be installed first. Tree removal is required by November 15th of each year following notification. Due to the complex control measures associated with oak wilt, individual extensions will be approved on a case-by-case basis once a treatment plan has been adopted by the property owner, approved by the city forester or designated tree inspector and depending on site factors such as trees requiring utility line clearance. In no case will the tree be removed later than April 1st of the year following infection. The stump from such removed trees must not extend more than three inches above the ground or, if taller, must be completely debarked. All wood more than three (3) inches in diameter or ten (10) inches in circumference from such removed trees must be disposed of by hauling to a wood waste facility, debarking, chipping, or by splitting into firewood, stacking the firewood, and immediately covering the woodpile with unbroken four (4)- mil or thicker plastic sheeting that is sealed into the ground with soil until October 30th of the calendar year following the calendar year in which the tree was removed. A mil is a thousandth of an inch and refers to the thickness of the plastic required to provide an adequate barrier for disease transmission. The edges of the cover must be buried or sealed to the ground by the City deadline provided. Wood chips from infected trees may be stockpiled or immediately used in the landscape and are no longer a disease risk. (C)Definition of control areas. The control area for oak wilt disease is defined as: All lands within the boundaries of the City are considered the control area. Whenever a nuisance as defined in City Code is found to exist within any developed/utilized portions of any parcel regardless of zoning or within 100 feet of such developed/utilized areas of any property or within 75 of any paved City trail that may lie within non-maintained naturally wooded areas on private property or City property, the tree will be considered within the control area. 1.3 Dutch Elm Disease. (A) Dutch elm disease is a shade tree pest and is defined as a disease of elm trees caused by the fungus Ophiostoma novo-ulmi, which is transmitted by grafted elm roots underground City of Lakeville: 10/22/2018 Page 4 and by elm bark beetles including but not limited to: Scolytus multistriatus, Scolytus schevyrewi, and Hylurgopinus rufipes. A diseased elm tree includes any living or dead tree, log, firewood, limb, branch, stump, or other portion of a tree from any species of the genus Ulmus existing within the control area defined that has tight bark attached and that exceeds three (3) inches in diameter or ten (10) inches in circumference and could contain bark beetles, and/or provide an area for beetle reproduction or any spore or reproduction of the fungus Ophiostoma novo-ulmi. The stump from such removed trees must not extend more than three inches above the ground or, if taller, must be completely debarked. The typical City inspection period for this pest is June 1st-September 30th during leaf-on conditions when symptoms may appear. (B) Control measures that may be taken to manage and abate Dutch elm disease are: (1) Use of fungicide and therapeutic pruning. Fungicides may be effective in preventing Dutch elm disease when injected into living trees that do not already show symptoms of Dutch elm disease. In rare cases, a tree may be saved by therapeutic pruning of the diseased branch(es) if there is greater than ten (10) feet of clear, non-stained non-diseased sapwood between the wilting branch and the main stem/trunk in addition to a fungicide application. Proof of treatment must be remitted to the city forester or designated tree inspector within the time given to abate the nuisance and must be completed by a qualified contractor registered with the Minnesota commissioner of Agriculture under Minn. Stat. § 18G.07. Pruning and fungicide injections on private lands are optional and, if performed, are at the landowner’s expense. (2) Removal and disposal of trees. Prompt removal of diseased trees or branches reduces breeding sites for elm bark beetles and eliminates the source of Dutch elm disease fungus. All dead or dying elm trees must be removed within 30 days of detection and first notification from April 1st through October 31th. Dead or dying elm trees or wood with tight bark detected from November 1st through March 1st must be debarked, burned or removed by April 1st. Diseased trees and wood not promptly removed will be removed by the City at the landowner’s expense. All wood more than three (3) inches in diameter or ten (10) inches in circumference from such removed trees must be disposed of at a wood waste facility or by debarking, chipping, or by splitting into firewood, stacking the firewood, and immediately covering the woodpile with unbroken four (4)-mil or thicker plastic sheeting that is sealed into the ground with soil until October 30th of the calendar year following the calendar year in which the tree was removed, or by burning before the removal deadline provided by the City. A mil is a thousandth of an inch and refers to the thickness of the plastic required to provide an adequate barrier for disease transmission. The edges of the cover must be buried or sealed to the ground by the City deadline provided. Wood chips from infected trees may be stockpiled or immediately used in the landscape and are no longer a disease risk. (C) Definition of control areas. The control area for Dutch elm disease is defined as: City of Lakeville: 10/22/2018 Page 5 All lands within the boundaries of the City are considered the control area. Whenever a nuisance as defined in City Code is found to exist within any developed/utilized portions of any parcel regardless of zoning or within 100 feet of such developed/utilized areas of any property or within 75 of any paved City trail that may lie within non-maintained naturally wooded areas on private property or City property, the tree will be considered within the control zone.