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03. Citizen Request for Action - Ditch Mowing, Sonia BorgCitizen Request for Action Form for the public to request a topic be added to the next Council Work Session agenda. Name:* Sonia M. Borg Phone * 6514852534 Email* flyingears@gmail.com Simple Description of Request:* Right of Way mowing concerning a managed native planting Details of request:* Brad and I have lived in Scandia 15 years. We bought our land 20 years ago and had Prairie Restorations install a short grass prairie planting in the front and part of the back of the house. Previously, the mowers would leave it be. Now, Charlie says that there will be no exceptions, even though there is no issue with sight obstruction, woody plants or invasives in the right of way, which is why they mow in the first place. I had a no mow sign up, but they took it down and mowed anyway. I would like to request that no mowing takes place on the portion facing the cul de sac (Oxboro Circle) The warm season native grasses and flowers provide food and nectar for pollinators. I think an exception to the City's mowing policy for an environmentally beneficial and managed planting is an asset to our community and a reasonable request. Optional Uploads 1 Kyle Morell From:Kirsten Libby Sent:Monday, June 9, 2025 9:42 AM To:Sonia Borg Cc:Kyle Morell Subject:RE: Mowing practices Sonia, thank you for bringing this to my attention. Let me check with Kyle, and either he or I will get back to you. Kirsten J. Libby Council Member Scandia, MN 55073 From: Sonia Borg <flyingears@gmail.com> Sent: Monday, June 9, 2025 9:31 AM To: Kirsten Libby <k.libby@ci.scandia.mn.us> Subject: Mowing practices Hi, Kirsten. I have a dilemma with our front yard being mowed as to the city policy. Brad and I have lived in Scandia 15 years. We bought our land 20 years ago and had Prairie Restorations install a short grass prairie planting in the front and part of the back of the house. Previously, the mowers would leave it be. Now, Charlie insists that there be no exceptions, even though there is no issue with sight obstruction, woody plants or invasives in the right of way, which is why they mow in the first place. I had a no mow sign up, but they took it down and mowed anyway. I don't understand why in a small rural community where folks are trying to make their property helpful to the environment they need to be so dogmatic about their policy. Prairie Restorations manages the prairie so we don't need the city to do it. We often get compliments on our property. There are reasons why mowing is detrimental to the planting and if you wish I can expound on that. I do know that in Stillwater they allow people to put no mow or spray signs in the right of way. Does Charlie have the only say in this or can I bring this to the city council? I have some email correspondence with Charlie if you would like that. Thanks you for your consideration, Libby! Sonia -- Sonia M. Borg 2 Marine on St. Croix, MN 55047 home - 651-433-4746 cell - 651-485-2534 Staff Report Date of MeeƟng: 9/3/2025 For: Mayor and City Council From: Charles Fischer – Director of Public Works Subject: PW - Staff Report ROW Mowing ref. Borg residence Right-of-Way, Dedicated Easement, and/or ditch maintenance is an essenƟal funcƟon to sustain safe, accessible, and funcƟonal roadways and drainage ways within the City of Scandia. Due to the rural nature of the roadways and absence of property owners maintaining porƟons of parcels which are adjacent to the road, Public Works has historically maintained the Right-of-Way or Dedicated Road Easement. The process of mowing these areas has been strictly enforced by City policy since 2016 placing set limits on mowing acƟvity. Changes to the 2016 policy were made in 2023 to beƩer define mowing and trimming pracƟces and include procedure of incidental damage within the ROW. City Ordinance 151.05(A)(B) also outlines the unlawful act of installing obstrucƟons in the Right- of-Way which interfere with maintenance of the Right-of-Way or the installaƟon and maintenance of essenƟal services; gas, electric, and communicaƟon uƟliƟes. The property in quesƟon, 19609 Oxboro Circle N., has been mowed by the Public Works department whether within or outside of the described ‘naƟve planƟng’ for many years. This property is also unique with addiƟonal landscaping within the Right-of-Way at the corner of Oxboro Ave. N. and Oxboro Circle N which includes ornamental trees. These trees have also been maintained by Public Works to clear branches obstrucƟng clear travel on the roadway and enhance visibility of pedestrian and vehicle traffic. As stated earlier, City Code does not allow for the installaƟon of obstrucƟons within the Right-of-Way, including landscaping(planƟngs). Any non-City related work performed within the ROW must be approved by the City. Public Works searched City files and property records and found no City approval to install planƟngs within the ROW at 19609 Oxboro Circle N. (A) RegistraƟon prior to work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any faciliƟes or any part thereof, in any right-of-way without first being registered with the city. (B) General prohibiƟons. It shall be unlawful to install any tree, shrubbery, landscape feature, irrigaƟon facility, fence, electronic pet containment system (also known as an invisible fence), or any similar feature in the public right-of-way. The Borg property has always included a plaƩed Dedicated Right-of-Way of 60 feet, which the City owns and has right to maintain, modify, or construct within. The plaƩed ROW was dedicated with the Sanctuary Development which includes six properƟes on Oxboro Circle N. The most recent land exchange was the vacaƟon, by the City to the 19609 Oxboro Circel N. property, of a drainage and uƟlity easement located in the Northwest corner of the property which did not include any porƟon of the ROW. ConƟnuing to maintain the ROW at this locaƟon and across the City as a whole will ensure a uniform maintenance pracƟce and reduce any differenƟaƟon or confusion among City staff and residences. If the pracƟce of omiƫng specific areas becomes common pracƟce the City will become more difficult to navigate by both pedestrian and vehicle traffic creaƟng hazardous physical barriers placing the public at risk. Staff Report Date of MeeƟng: 9/3/2025 For: Mayor and City Council From: Charles Fischer – Director of Public Works Subject: PW - Staff Report ROW Mowing ref. Borg residence Staff Report Date of MeeƟng: 9/3/2025 For: Mayor and City Council From: Charles Fischer – Director of Public Works Subject: PW - Staff Report ROW Mowing ref. Borg residence City of Scandia Right of Way Maintenance Policy Approved 11/15/2016 Amended 11/21/2023 MAINTENANCE OF CITY RIGHT-OF-WAY The City is adopting a uniform policy governing the maintenance of the City’s right-of-way to protect the City’s investment in its property and infrastructure, to maintain safe roadways for pedestrian and vehicular traffic, and to maintain the general health of trees, vegetation and other species within the right-of-way. The City will generally use the universal right-of-way measurement of 33 feet from the center line of the road as the City assesses and undertakes its maintenance of City roads. See Figure 1 for Cross section of maintainable area. This policy will allow maintenance within the right of way including but not exclusive to reshaping ditches, mowing, culvert repairs, snow removal, and tree removal or trimming. The Director of Public Works shall determine work based on priority, safety, and equipment and staff availability. The Public Works Staff shall generally follow these guidelines. MOWING • Subject to weather and growing conditions the first five to seven (5-7) feet of a road right-of- way will be mowed 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 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 to maintain 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 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 six (6) inches in diameter at fifty-four (54) inches from 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 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 healthy trees to be removed that are larger than six (6) inches in diameter at a point measured fifty-four (54) inches above the ground. Emergency Cutting: This policy does not apply 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 chip or haul the trees and brush off-site. If the adjoining property owner wishes to keep non-hazardous or non- diseased tree waste, they may contact the City 24 hours before removal. If it is not practicable to remove the tree, it will be left in the 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 coming back and removing the non-hazardous or non-diseased wood from the ROW. Mailboxes and personal property in right-of way Coming into contact with a mailbox is a common obstacle snowplow 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. 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 coming into contact with the mailbox or post. 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 replace the support post as necessary with a metal swing-arm style support post. The city will not reimburse the mailbox owner for replacing of 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 one- hundred-dollars ($100) 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. Figure 1: At minimum, City maintenance of its road will cover the width between the Top Backslope on each side of the road: From: Nancy Frank Sent: Sunday, June 15, 2025 12:36 PM To: Charles Fischer Subject: Re: Sign replacement, ditch mowing & hanging flower basket maintenance, Good day, please share my email with the city council. If I lived on a corner property, I wouldn't have any issue maintaining the vegetation at a low height, for safety reasons. I realize not every homeowner has that capability or motivation, so I am VERY appreciative that public works is TAKING THE INITIATIVE. especially where it wouldn't have been done! I'm all for leaving some dead trees on my property, leaving some of the grass grow long for wildlife but when it comes to the intersections, I need to SEE what's coming from both directions before I proceed! Full disclosure since I'm a commuter and only need to get myself back and forth, I have a Prius. Not everyone drives an SUV, or pickup. If Public Works no longer trims back the right away, I will be out there trimming what I need to so I can see. Many of our neighbors have teenagers, which tend to have risky behavior like speeding, these new drivers (and their young friends visiting) due to immaturity, statistically have crashes and crash deaths disproportionately higher. https://www.iihs.org/research-areas/teenagers If only Scandia would regulate the unlicensed, LOUD (think chainsaw and lawnmower) mini bikes, four-wheelers and gocarts, endlessly speeding back and forth on our streets. When I'm out walking, having space to move further away from a passing vehicle is appreciated. Not to mention, when the ditches are maintained it's so much easier to see, and pick up, the plastic and debris that finds its way along our Scandia roadways. The thorough job you and your team do is so appreciated. Thank you so much! Nancy Frank On Thu, Jun 12, 2025, 07:45 Charles Fischer <c.fischer@ci.scandia.mn.us> wrote: Hi Nancy, Staff do not normally monitor their email regularly, but I have posted your email on the job board to make sure they know the appreciation you have shared. Also, if I may ask to share your email with our City Council during the next meeting on Tuesday, June 17th to highlight your appreciation of the signage and flowers, and more in lieu of the ditch mowing as I believe the topic will be addressed next week. I mention this as we have a few residents who are not in favor of the City maintaining the ditches and would like to share positive feedback from those who are in favor of the maintenance we perform. I will have your personal information redacted from the permanent document which will be stored in the packet but would like to share your name with Council in the original copy of the email, if you allow. Please, let me know if you have any reservations with me sharing your information. I invite you to attend the meeting on Tuesday next week to support the maintenance performed by our staff, if you are available and interested in attending. Kind Regards, Charles Fischer | Public Works Director City of Scandia 14727 209th Street N, Scandia, MN 55073 P 651.433.5223 | F 651.433.5112 c.fischer@ci.scandia.mn.us www.cityofscandia.com From: Nancy Frank Sent: Monday, June 9, 2025 12:05 PM To: Charles Fischer Cc: j.anderson; r.regnier; Chuck Hervin Subject: Sign replacement, ditch mowing & hanging flower basket maintenance, Dear Public Works Team, I have been meaning to write this note for some time. I want to send my appreciation for the replacement street sign (197th ST CT N) as ours had faded from the sun. In addition to improving clarity to travelers by adding the yellow "NO OUTLET" for 197th ST. CT. N. the new street sign is now visible, especially for EMS responders. So, thank you! It looks great. This spring our neighborhood right of ways and ditches were mowed back: THANK YOU. What a big safety difference! Since I don't drive a pickup, I immediately appreciated being able to see further south at 197th ST N./Oxboro Ave N intersection (w/o having to creep past the stop sign.) Now the icing on the cake: these gorgeous hanging baskets on the light posts in town! Wow! I grew up in Saint Paul and was accustomed to downtown being decorated with huge baskets of flowers, well Saint Paul stopped decorating years back and it looks like a concrete jungle. Upon returning from a road trip this year, I was proud of Scandia when I drove past the beautiful flowers! You do a great job! It is a lot of work keeping those baskets watered so thank you so much for the details your team takes care of every single day! I am so lucky to call Scandia my home. Sincerely, Nancy Frank Nancy