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09.e1 ROW Maintenance Policy Amendment Staff Report Date of Meeting: 11/21/2023 For: Mayor and City Council From: Charles Fischer – Director of Public Works Subject: Right of Way Maintenance Policy Amendment Issue: Scandia’s Right of Way Maintenance Policy was last updated 7 years ago. City staff have reviewed the policy and based on discussions have revised a draft presented in this packet for review and potential approval. Background: As a common and best practice City policy should be reviewed on a regular basis and amended to meet current practices. The Right of Way Maintenance Policy was last approved on November 15, 2016. Since then equipment and personnel have changed along with installation of updated utilities within the Right of Way. The growth habit of vegetation has also changed significantly during that time. Overcrowding of trees and brush has become an issue due the inability to continually maintain the Right of Way. The previous tractor ditch mower was continually breaking down causing extensive down time for repair during the allowable per policy mowing period. The new tractor and brush mowing attachments have been able to accomplish a great deal more of mowing and brush cutting than before. Another factor in addressing an amendment to the policy is the la ck of definition and response to potential damage to mailboxes or utility pedestals or boxes now more prevalent in the Right of Way. Revised Draft: A redlined version of the draft policy is attached, showing the changes proposed to address current equipment of the Public Works Department and suggested changes by Administration: • Multiple areas in the original policy have been rewritten for clarity and to update current staff positions which include the change from Maintenance Supervisor to Director of Public Works. • The mowing section was updated with a change to mowing width due to the recent purchase of new equipment which has a different mowing pattern from strictly 5ft to 5- 7ft mowing width. The variable 5ft to 7ft is due to slope and elevation of the ditch’s throughout the City and the mowing width becomes variable due to these physical characteristics. • The tree trimming and removal section was changed to define that any of the practices could happen at any time during the year. With limited staff and equipment availability scheduling specific dates to these practices are difficult. Public Works will still follow guidance or guidelines in the proper time of year for trimming specific species unless there is a safety issue or hazard to motorists or pedestrian. The guideline of a flail mower not to be used in the vertical position has been updated to address allowing the potential use of new equipment now in production since the original policy. A change to the notification of tree removal has been rewritten to make it clearer; notification of tree removal is solely in regard to removal of a healthy tree posing no threat and of a specific size. The removal and disposal of tree waste in the Right of Way is ranked high on Public Works priority list for motorist and pedestrian safety. Allowing tree waste or debris to remain in the Right of Way is a safety hazard and is removed as soon as possible by Public Works. • The addition of Mailbox and Personal Property damage in the Right of Way has been added which was taken from the adopted Snow and Ice Control Policy. Minor changes to the language of the mailbox section were made from the adopted section of the Snow and Ice Control Policy, most notably, adding the post in the description as part of the mailbox. A prominent change is the option for a reimbursement of up to $60.00 has been included in the policy. This reimbursement is in regards to a number of residents whom have refused the option of City staff installing a metal swing arm post or the mailbox alone. In instances of complete disagreement between the City and resident, Public Works feels it to be the best interest of the City to reimburse the resident upon proof of purchase and proper installation. The cost associated with the reimbursement amount is limited to the mailbox, post, and address numbers. No other costs associated will be reimbursable such as but not limited to paying another party to install the post and/or mailbox. Options: 1) Adopt the suggested amendments to the Right of Way Maintenance Policy 2) Make no change to the Right of Way Maintenance Policy Recommendation: Option 1 is recommended Attachment: PW road right of way maintenance policy November 2023 (003) City of Scandia Road Right of Way Maintenance Policy Approved 11/15/201611/21/2023 MAINTENANCE OF CITY ROAD RIGHTS-OF-WAY The City is adopting a uniform policy governing the maintenance of the City’s road rights -of-way to protect the City’s investment in its roads property and infrastructure, to maintain safe roadways for pedestrian and vehicular traffic and, to maintain general tree health the general health of trees, vegetation and other species within the right-of-way., and to enhance roadside habitat for nesting birds and other small wildlife A universal measurement of 33 feet from the center line of the road whether considered dedicated or prescriptive will be used to determine right-of-way. This policy will allow maintenance within the right of way including but not exclusive to,, including but not exclusive to reshaping ditches, mowing, culvert repairs, snow removal, and tree removal and or trimming. The Director of Public Works Maintenance Superintendent shall determine work based on priority, safety, and availability of equipment and staff equipment and staff availability. The Public Works Staff shall generally follow these guidelines. MOWING • Subject to weather and growing conditions, the first 5 5-7 feet of a road right-of-way will be mowed starting on approximately May 15. at any time during the growing season. • An entire right-of-way will be mowed after September 1st. • Any portion of the right-of-way may be mowed at any time as necessary to maintain sight distance for safety of pedestrians or other vehicles. TREE TRIMMING AND REMOVAL • Trees within the road right-of-way will be trimmed to allow for a minimum 20’ clear height. • Diseased or dead trees and limbs will be removed at any time. • Small trees and brush becoming established within the road right-of-way will be removed at any time • Trees and brush that interfere with routine maintenance such as mowing or snow plowing will be removed or trimmed at any time.. • The flail mower shall not be used in a vertical position to trim brush or trees The proper vertical trimming attachment may be used to trim brush and trees in times of staff shortages and/or limited availability to remove vegetation. A second vehicle and staff member will be required to assist in notifying passing vehicles or pedestrians of the maintenance practices taking place. Schedule: It is the City’s intent to trim trees on all roadways within a 15 year cycle to maintain Formatted: Strikethrough clear heights and widths above the road and within the right -of-way. This work is typically done during the winter months (November-March) by the Public Works Department during regular work hours but may be done at any time for safety reasons Notification: Property owners shall be notified by mail at least 7 days prior to any non-safety related trimming within the City’s road right-of-way except in the case of an emergency as determined by the Public Works Director. aware that tree removal and trimming may occur at any time throughout the City. Notification will be given to property owners if a tree larger than 6 inches in diameter at 54 inches above the ground is to be removed, which is not posing a safety hazard. The property owner may contact the Public Works Director within those 7 days and ask for an onsite visit. If any issues are unresolved following the onsite visit, the propert y owner has 5 days to file a written appeal with the City Clerk’s Office. Appeals will be heard at the next City Council meeting following appropriate notice. The Public Works Director will mark all trees to be removed that are at least larger than 6 inches in diameter at a point measured 54 inches above the ground. A listing of possible streets where tree trimming may occur over the winter months will be posted on the City’s website before or at the time letters are sent to abutting property owners Emergency Cutting: This policy does not apply in the event that if cutting is necessary to remove road obstructions, to eliminate trees that are in imminent danger of collapse, or to remove diseased or dead trees and branches located within the road right-of-way. Disposal of Tree Waste: The City’s Public Works Department or contractor will either chip or haul the trees and brush off siteoff-site. If the adjoining property owner wishes to keep non- hazardous or non-diseased tree waste, they may contact the City 24 hours in advance ofbefore removal. If it is not practicable to remove the tree, the treeit will be left on in the City road right-of-way. The adjoining property owner may cut this wood and remove it from the road right-of-way. The City will normally allow 1 week before we coming coming back and removeing the non-hazardous or non-diseased wood from the ROW. Mailboxes and personal property in rights-of way Coming into contact with a mailbox is a common obstacle equipment operators face during ROW maintenance. The city will review each mailbox incident to determine whether the city will replace or provide reimbursement for the mailbox and/or post alone. No reimbursement will be provided for installation costs by others. Only mailboxes that were properly installed and located which are damaged by physical contact with city equipment will be the city’s responsibility. The city will not be responsible for damage to mailboxes or support posts caused by any material vegetation coming into contact with the mailbox. If the city is responsible, by physical contact of equipment, for damage to a mailbox, the city will first make simple efforts to re-install the existing mailbox; if simple repairs are not possible, then replacement of the mailbox with a standard-size, non-decorative metal mailbox will be performed by the city. If the post is damaged by physical contact of equipment , the city will Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough replace the support post as necessary with a metal swing-arm style support post. The city will not reimburse the mailbox owner for replacing the mailbox and post by others. The Public Works Department may provide a recommended design for mailbox support and promote its use by city residents to reduce damage from maintenance operations. If a resident rejects City staff from performing the replacement of the mailbox and/or post, a maximum of a $60 reimbursement will be considered and refunded upon proof of purchase and proper installation. The city will not be liable for damage to fences, sprinklers, signs, trees, shrubs, landscape materials, lighting, decorative items or any other objects placed in the public right -of-way. Except as otherwise provided in any license or franchise agreement, the city will only be responsible for damage to marked utility pedestals and transformers by clearly visible stake or signage within the right-of-way resulting from direct contact with maintenance equipment. City liability shall be limited to actual costs to repair the damages as documented by invoices submitted to the City by the utility.