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03.a Ditch Mowing - Citizen Request for Action Staff Report Date of Meeting: October 1, 2025 For: Honorable Mayor and Council From: Kyle Morell, City Administrator Subject: Citizen Request for Action – Ditch Mowing – Sonia Borg September Sonia Borg, 19609 Oxboro Circle N. is requesting that no ditch mowing take place along Oxboro Circle N. The reason for this is the warm-season native grasses and flowers they had planted in the ditch in the past. Those grasses and flowers provide food and nectar for pollinators. The Council has previously discussed this topic in 2016 and 2023. The city adopted a Right-of-Way Maintenance Policy in 2016. That policy was developed with the assistance of the Scandia Parks and Trails group, which sought to delay mowing until after May 15 to accommodate pollinators. The policy was updated in 2023 to allow mowing to begin at any time during the growing season. October Update The requesting resident was not in attendance for the September meeting, but Council did discuss the request to allow residents to prohibit mowing within their right-of-way. The council heard staff's concerns about safety and maintaining visibility, which would be compromised if residents were allowed to seek exemptions from ditch mowing. The council asked staff to prepare a form that residents could fill out, requesting exemptions and outlining the criteria that would need to be met for their request to be granted. Staff is firm it its belief that any exemption would be a mistake. The City is the local road authority and is therefore responsible for maintaining all roads and ditches within the City. Allowing residents to determine the level of ditch maintenance creates unknown levels of liability for the City. Several members of the Sand Lake Association have sent letters expressing their frustration over the City’s mowing and trimming practices on Oxboro Avenue North. All of the residents who have sent letters own property that crosses the road, i.e., there is no dedicated right-of-way for the road. Some of them are questioning the City’s right to maintain the road and ditch. I have shared with them the City Attorney’s memo on Ownership and Scope of Authority over City Roads and Right-of-Way, which was presented to the Council in August. Given the legal questions being raised by the residents, I recommend not making a decision on this matter at the Work Session and tabling any decision until the October 21 Council meeting, when the City Attorney can respond to the legal claims made by the residents. Attachments: Citizen Request for Action – Sonia Borg Public Works Staff Report Scandia Right-of-Way Maintenance Policy Citizen 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 * Email * 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 Staff Report Date of Meeting: 10/01/2025 For: Mayor and City Council From: Charles Fischer – Public Works Director Subject: Ditch Planting Exemption Draft Background: During the Council meeting on Sept. 9th, 2025, a recommendation to draft an exemption for residents to plant and maintain the ditch (ROW or Statutory Easement) adjacent to their property was requested. Public Works has been tasked with drafting an exemption template for discussion, the following is an outline of what staff apprehensively believes to be allowable and limit, not eliminate, liability issues in regards to City owned roadways, if residents may be allowed to plant within the areas listed. Template Exemption for Discussion: The intent of this exemption is not to abandon or surrender Right-of-Way or Statutory Easements to the resident applying for an exemption to intentionally plant and maintain ditch sections adjacent to the resident’s property. The areas allowed, by the City, to be planted and maintained by the resident will remain Dedicated Right-of-Way or Statutory Easement on the justification the City is allowing the practice to take place and retains control of the practices allowed by the resident. A City of Scandia resident may apply for an exemption to City Ordinance 151.05(B) General Prohibitions for native herbaceous prairie or native herbaceous woodland plantings. An exemption will only be reviewed for the purposes of site improvement and regular maintenance to be performed by the applicant or contracted service by the applicant(resident). This exemption would not apply to residents with the sole intent of pursuing the City to cease maintenance of the Right-of-Way or Statutory Easement by the City. An exemption permit must be applied for and approved by the City prior to any physical maintenance ceases by the City and installation(planting) and maintenance commences by the property owner or contractor hired by the property owner. The applicant must provide the information listed below to be deemed a complete application: • Full Name and Address • Project Intent Statement • Detailed map of area (no hand drawings) with supporting photos • Site survey if the project is within 20ft of an adjacent lot line and/or if surface water from the area transfers onto an adjacent lot • Project plans and specifications must include: o Soil testing o Soil prep and/or amendment plan o Plant selection based on soil testing and physical location (example: full sun vs full shade or prairie vs woodland) with no plants over 24 inches mature height, herbaceous plants only, no trees or woody plants allowed to be planted o Planting type (live plant vs seeding or other) o Detailed Landscape plan(map) with elevations and showing no plantings within 3 feet of asphalt or curb edge. The three-foot wide area from edge of road or curb to plantings shall be Class 5 limestone or Class 5 trap rock installed at the time of planting. o Timeframe of the project commencement to completion o Establishment plan (Year 1 through 3 and annual after year 3 if necessary) o Maintenance plan (Year 1 through 3 and annual after year 3), must include one full mowing between 4 to 12 inches in height or burn per year o Signature and Date • Pay permit fee and escrow to cover: exemption review, site inspections for preliminary review, project oversight, and post project completion inspection, cost for city to re- establish ditch if failure to complete the project. Depending on the scope of work an engineer review may be required to certify slopes and proper drainage using escrow fee to cover this expense. • A terms and conditions document, to be included with the application, should state the following: o The City retaining proprietorship of the land(area) and if the area is deemed to be unmaintained or if the resident is found breaching the terms of the exemption, the City will resume maintenance practices outlined in City Policies and Ordinances. o When the City deems the site unmaintained or there is a breach of terms, the permit exemption will be annulled. If annulled, the resident may reapply for a new exemption at the expense of the property owner. o The City will not be liable for any damage occurred from snow and ice removal, road construction and/or maintenance, act of God, vehicles leaving the road surface, or shouldering repair. o The City will not repair or replace soils or vegetation within the planted area at any time. If loss of soils and vegetation is evident and not repaired or replaced by the resident it will be deemed as breech of terms. o Loss of gravel shouldering material (Class 5) or curb within the three-foot buffer will be restored by Public Works to maintain support of the roadway at any time. o Loss of Class 5 shouldering material or curb damage will be at the expense of the resident if caused by the planting and/or maintenance processes or failure of the planted area. o If the plantings surround a driveway culvert the resident will be responsible for maintaining the culvert, the free flow of water through the culvert and replacement of the culvert if damage is caused by the project or residents’ failure to maintain. o No plantings shall be within a 15-foot radius of any road crossing culverts o Other terms added or amended after further review. 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: