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4. Discussion on establishing a road right-of-way maintenance policySCANDIA Staff Report Date of Meeting: October 5, 2016 To: City Council From: Neil Soltis, Administrator Re: right of way mowing Background: The Public Works crew has completed its 2nd round of right-of-way mowing. The first cycle was completed in June and the second in September, each taking approximately 1 month. During the mowing cycles issues were raised by residents regarding the area to be mowed with numerous requests tailor mowing to the requests of the individual property owners. Additionally, Karen Schik has requested that the City consider adopting a right-of-way mowing policy that supports wildlife species. The City's tree trimming policy refers to mowing the road right-of-way but does not provide any guidance. Issue: Should the City adopt a separate right-of-way mowing policy or modify the existing tree trimming policy to include mowing within the rights-of-way Proposal Details: Following are excerpts from Minnesota statutes regarding mowing the road rights-of-way in areas that are not cities and a proposed policy that was submitted by Karen Schik. Options: 1. Take no action on the development of a policy 2. Adopt a policy that addresses right-of-way mowing Minnesota Statutes chapter for maintaining rights-of-way outside of cities 160.232 MOWING DITCHES OUTSIDE CITIES. (a) To provide enhanced roadside habitat for nesting birds and other small wildlife, road authorities may not mow or till the right-of-way of a highway located outside of a home rule charter or statutory city except as allowed in this section and section 160.23. (b) On any highway, the first eight feet away from the road surface, or shoulder if one exists, may be mowed at any time. (c) An entire right-of-way may be mowed after July 31. From August 31 to the following July 31, the entire right-of-way may only be mowed if necessary for safety reasons, but may not be mowed to a height of less than 12 inches. (d) A right-of-way may be mowed as necessary to maintain sight distance for safety and may be mowed at other times under rules of the commissioner, or by ordinance of a local road authority not conflicting with the rules of the commissioner. (e) A right-of-way may be mowed, burned, or tilled to prepare the right-of-way for the establishment of permanent vegetative cover or for prairie vegetation management. (f) When feasible, road authorities are encouraged to utilize low maintenance, native vegetation that reduces the need to mow, provides wildlife habitat, and maintains public safety. (g) The commissioner of natural resources shall cooperate with the commissioner of transportation to provide enhanced roadside habitat for nesting birds and other small wildlife. 160.23 DESTRUCTION OF NOXIOUS WEEDS. Road authorities, including road authorities of cities shall cause all noxious weeds on their respective highways and streets to be cut down or otherwise destroyed or eradicated as often as may be necessary to prevent the ripening or scattering of seed and other propagating parts of such weeds. Submitted by Karen Schik Proposed mowing policy for Scandia This proposal is intended to promote roadside mowing practices in Scandia that support wildlife species, especially ground -nesting birds, bees and other pollinators, including monarch butterflies. Background Roadsides are well-known as corridors that provide critical habitat for numerous Minnesota wildlife species, including some whose populations are declining, such as pheasants, native bees, honeybees, and monarch butterflies. The Minnesota Department of Natural Resources runs a Roadsides for Wildlife program specifically for promoting this valuable resource. Scandia has a strong commitment to rural character and protecting native local wildlife, as evidenced in several ordinances and in the recently adopted Pollinator Friendly Resolution (02-16-16-08), which supports taking actions that benefit pollinator species. Scandia is located within (or very near) the 1-35 monarch butterfly corridor, designated by the President of the United States to provide habitat for this imperiled species. Scandia's existing mowing schedule is not a firm policy, but has generally occurred in May and September, according to the City Administrator. This schedule is optimal for all the wildlife species mentioned above. Mowing is generally done to the full extent of the right-of-way. Proposal Given that Scandia already typically follows an ideal mowing schedule, but has no formal policy, we suggest that Scandia adopt the following best practices for monarchs, as suggested by Monarch Joint Venture and Monarch Watch. These practices would protect habitat for all the target species mentioned. • Safe dates: Mow before May 15 and after September 20. If absolutely necessary to mow in summer, then mow between June 30 and July 5. • Avoid mowing outside of designated dates unless needed due to safety reasons, invasive species control, inclement weather that prevented mowing in the optimal timeframe, or other critical issues that may arise. • If mowing outside of designated dates, then seek the minimal mowing possible, such as: o mow only targeted areas, for example sightlines at intersections o mow a minimal width, such as 5 feet o mow vegetation at a taller height of 8-12 inches • Use a flushing bar and cut at reduced speeds to allow wildlife to escape prior to mowing. City of Scandia Tree Trimming Policy Adopted by the City Council October 16, 2012 Amended January 20, 2015 �. :. I ,'' ■ ► The City is adopting a uniform policy governing tree trimming and clearing of brush which serves to protect the City's investment in its roads, to maintain safe roadways for pedestrian and vehicular traffic, and to maintain general tree health. This policy will allow maintenance within the right of way including but not exclusive to, reshaping ditches, mowing, culvert repairs, and snow removal. The Public Works Maintenance Superintendent shall determine work based on priority, safety, and availability of equipment and staff. The Public Works Staff shall generally follow these guidelines in tree trimming and clearing of brush: Urban Right of Way (Adjacent to Roadways having Curb and Gutter): Trim trees to allow for a minimum 20' clear height and shape trees for aesthetic purposes and tree health. Remove diseased or dead trees and limbs. Remove trees or limbs blocking street signs, signals, or sight distances. Rural Right of Way (Adjacent to Roadways not having Curb and Gutter): Trim trees to allow for a minimum 20' clear height. Remove diseased or dead trees and limbs. Remove scrub trees and brush. Remove trees and brush to allow for routine maintenance. The flail mower shall not be used in a vertical position to trim trees. Schedule: This work is typically done during the winter months (November -March) by the Public Works Department during regular work hours. It is the City's intent to trim trees on all roadways within a 15 year cycle. Notification: Property owners shall be notified by mail at least 7 days prior to any trimming occurring on their property except in the case of an emergency as determined by the Public Works Director. 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 property 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 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 Disposal of Tree Waste: The City's Public Works Department will either chip or haul the trees and brush off site. If the property owner wishes to keep non -disease tree waste, they may contact the City 24 hours in advance of removal. Emergency Cutting: This policy does not apply in the event that cutting is necessary to remove road obstructions or to eliminate trees or brush that is in imminent danger of collapse.