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08.a Citizen Request for Action - Sonia Borg - Ditch MowingCitizen 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 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 obstruc Ɵons 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: 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. 1 Kyle Morell From:Colleen McLaughlin <mclarsky@gmail.com> Sent:Wednesday, September 17, 2025 12:39 PM To:Kyle Morell Subject:Mowing on Oxboro Ave N My name is Collen Kordosky, I live at 19225 Oxboro Ave N, I have repeatedly asked the city workers to not cut my property adjacent to the road. I have asked not to spray and shred and mangle my trees systematically killing them. This practice has only started in recent years and I have protested this process. I have been maintaining this area for over 20 years. I cut my blvd on a weekly bases as do my neighbors. We spent the entire summer removing buck thorn trees in this area . The City has killed 3 Oak trees that are over 100 years old on my land in recent years and others along Oxboro Ave N. (7 trees so far). These trees have been inches to feet from the paved Oxboro for decades and decades our blvds .This occurred because they cut in the heat of summer when oaks and other trees are most vulnerable which could cause all the oaks on my property to get oak wilt. We have had to paint the damaged limbs to save the ones we can. I am upset that this is occurring. I reiterate I have stopped the maintenance crews time and again over the past 5 to 6 years telling them to stop cutting and mowing, as has my husband , that they don t have right a way and they are trespassing. I am maintaining this area stop cutting, mowing on my property. If you are claiming you own it now that means you did not when I was asking you to stop and not trespass . Thanks for your attenton Colleen Kordosky 1 b.eklund From:Colleen Kordosky <colleenkordosky@gmail.com> Sent:Friday, September 19, 2025 12:12 PM To:mail Subject:Bike trail I am extremely opposed to any further bike trail improvements involving Oxboro ave n 1 b.eklund From:Colleen Kordosky <colleenkordosky@gmail.com> Sent:Friday, September 19, 2025 12:15 PM To:mail Subject:Opposed I am opposed to further development of trail on Oxboro ave n. Steve kordosky 1 Kyle Morell From:Jeffery Dow <jefft.dow@gmail.com> Sent:Sunday, September 21, 2025 2:23 PM To:Kyle Morell Cc:maryswinter@midco.net; sandi@continenza.org; Ocanas1919@gmail.com; dfruetel@frontiernet.net; debbie; Colleen McLaughlin; Todd Peterson; c k Subject:Sand Lake Road Easements Response Dear Mr. Morell, I hope this letter finds you well. On behalf of the Sand Lake Association, I am writing in response to the recent correspondence regarding the alleged road easement along Oxboro Ave N. After thoroughly reviewing the information and concerns raised by my neighbors and myself, I must express significant concerns about the City’s position on this matter, as well as the actions taken by the City and its employees. I believe that the City is attempting to claim an easement without following the appropriate legal procedures, and I urge you to reconsider this course of action. **Legal Precedent on Easements and Public Access** As we discussed, the City is claiming that an easement exists along Oxboro Ave N through “Statutory Dedication.” However, case law is clear that statutory dedication, and the imposition of easements by governmental entities, cannot occur without clear, formal, and documented procedures. For example, in the case of **Olmstead County v. United States** (1936), the U.S. Supreme Court held that government entities must follow the condemnation process when seeking to take land for public use. This process ensures fair compensation and protects the rights of landowners. Your assertion of an easement over our properties is concerning, as there is no documented evidence or formal procedure indicating that the property has been statutorily dedicated for public use. Additionally, the Minnesota Supreme Court, in **Township of Deerfield v. Hook** (2001), reinforced the idea that statutory dedication requires explicit intent and official documentation. The case found that without formal proceedings, including public notice and approval, the government does not have the right to claim an easement over private property. Similarly, in **State v. Mack** (1997), the court ruled that long-term use of a property by the public does not automatically create an easement unless the government follows the appropriate legal channels, including condemnation proceedings or formal dedication. Furthermore, in **Johnson v. City of Minnetonka** (2007), the Minnesota Supreme Court ruled that simply maintaining a road or allowing public access over a property does not constitute an easement. The City’s claim of an easement due to the maintenance of Oxboro Ave N for the past six years is not supported by the law, as long-term maintenance alone does not create a valid easement under Minnesota law. **Property Rights and the City's Encroachment** 2 Beyond the legal requirements for establishing an easement, I also have serious concerns about the City’s actions regarding my property. The City has trespassed onto my land multiple times—most recently, when a City worker attempted to brush hog beyond the road’s right-of-way. Despite my requests for clarification and explanation from both the City and its employees, the City has not provided any formal documentation or legal basis for its actions. I must stress that, as a property owner, I am entitled to the peaceful enjoyment and use of my land without unauthorized interference from the City or its agents. **Schrom v. Crow Wing County** (2012) further supports this position, where the court ruled that governmental entities must demonstrate clear and legal grounds for claiming an easement. The case underscored that informal use of a path or road does not give the government an automatic right to claim access over private land without legal action, including condemnation and compensation. Additionally, **Henneman v. City of Minneapolis** (1986) reiterated that public use and maintenance of property do not automatically translate into the government's right to claim an easement. As such, the City’s claim to an easement over my property, based solely on its maintenance of Oxboro Ave N, is legally unfounded. **Impact of the City's Actions on Property Owners** The City’s actions are not only legally questionable, but they also have serious implications for my privacy, property value, and safety. The City’s continued encroachment onto my property without my consent, as well as its attempt to create a public access point along Oxboro Ave N, threatens to significantly diminish the value of my land and disrupt the peaceful enjoyment of my property. Furthermore, the creation of a bike/walking trail along an unposted, hilly, and narrow road would create a serious public safety hazard, as the road is unsuitable for pedestrian or cyclist traffic due to the lack of shoulders, limited visibility, and high-speed vehicle traffic. **VanLoon v. Minnesota Department of Natural Resources** (2003) clearly established that public access to land requires adherence to due process, including public notice and legal procedures. The City’s lack of such procedures in this case could be seen as a violation of both my rights as a property owner and the public’s right to safe access. **Request for Resolution** Given the legal precedents and concerns outlined above, I respectfully request that the City: 1. Provide a detailed explanation of the legal basis for the claimed easement, including any documentation that supports the assertion of a Statutory Dedication or similar right. 2. Cease any further actions or encroachments onto our properties until a clear and lawful easement is established through the proper legal channels, including public notice, consent, and, if necessary, compensation. 3. Reevaluate the safety, economical impact to property owners and legal implications of creating a public access trail along Oxboro Ave N, particularly given the hazardous nature of the road for pedestrian and cyclist traffic. 4. Meet with property owners along Oxboro Ave N to discuss the City’s intentions and allow for community input before taking any further action. 3 If the City intends to proceed with the creation of an easement or public access, I would appreciate a formal meeting to discuss the matter in person. I believe that working together in a transparent and legally compliant manner is in the best interest of all parties involved. I look forward to your prompt response and a meaningful resolution to this matter. Thank you for your attention to this important issue. Sincerely, Sand Lake Asscoiation Examples of city ordinances regarding native plantings: Minneapolis. Section 227.90 of the Code of Ordinances establishes a “right to install and maintain a managed natural landscape”, which is exempted from public nuisance regulations. Note that the ordinance applies to private parcels, not to boulevards, which do have height limits for vegetation. (a) In general……Except as part of a managed natural landscape as defined in this section, any weeds or grass growing upon any lot or parcel of land in the city to a greater height than eight (8) inches or which have gone or are about to go to seed are hereby declared to be a nuisance condition and dangerous to the health, safety and good order of the city. (b) Right to install and maintain a managed natural landscape. An owner, authorized agent, or authorized occupant of any privately owned lands or premises may, consistent with this subsection and all other applicable laws, statutes, rules and ordinances, install and maintain a managed natural landscape. (1) Definitions. Managed natural landscape means a planned, intentional and maintained planting of native or non-native grasses, wildflowers, forbs, ferns, shrubs or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plantings. Meadow vegetation means grasses and flowering broad-leaf plants that are native to, or adapted to, the State of Minnesota, and that are commonly found in meadow and prairie plant communities, not including noxious weeds. Noxious weed shall have the meaning assigned by Minnesota Statutes, Section 18.77, Subd. 8. Ornamental plants means grasses, perennials, annuals and groundcovers purposefully planted for aesthetic reasons. Rain garden means a native plant garden that is designed not only to aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants from entering streams, lakes and rivers. Turf-grass lawn means a lawn comprised mostly of grasses common used in regularly cut lawns or play areas (such as but not limited to bluegrass, fescue, and ryegrass blends), intended to be maintained at a height of no more than eight (8) inches. (2) Findings. The city council finds that the installation and maintenance of managed natural landscapes is beneficial to the city's environment and its residents and serves to further adopted city goals in that managed natural landscapes require fewer potentially harmful and costly inputs, improve stormwater retention, increase water quality and biodiversity, reduce greenhouse gas emissions, and provide habitat for wildlife such as birds, butterflies and other beneficial insects and species. (3) Requirements. a. Managed natural landscapes may include plants and grasses in excess of eight (8) inches in height and which have gone to seed, but may not include any noxious weeds and must be maintained so as to not include unintended vegetation. b. Managed natural landscapes may not include any plantings, which due to location and manner of growth constitute a hazard to the public or may cause injury or damage to persons or property when such growth is in violation of sections 244.1580 or 427.280. c. Managed natural landscapes shall not include turf-grass lawns left unattended for the purpose of returning to a natural state. Rochester. Rochester ’s ordinance includes specific requirements for a landscape permit and for a management and maintenance plan for the transition period to the natural landscape. Intent: The City Council also determines that a variety of properly maintained landscapes in the City add diversity and a richness to the quality of life, and does not want to discourage the preservation, restoration and maintenance of diverse biologically stable natural plant communities or environmentally sound practices. The City Council finds that the establishment of native or naturalistic plant communities is an acceptable landscape treatment in the City. However, as a protection for the larger community, this change in vegetation must be properly planned, managed and maintained, and the length of transition period must be minimized or the property is likely to create a public nuisance. Definitions: Subd. 5. “Native and Naturalistic Vegetation” shall mean grasses and flowering broad-leaf plants that are native to, or adapted to, the State of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. Subd. 6. “Native grasses” shall mean grasses (Beach Grass, Wood Chess Grass, Sand Reed Grass, Wheat Grass, Bluestem Grass, Grama Grass, Brome Grass, Buffalo Grass, Switch Grass, Indian Grass, Wild Rye)) that existed in the area prior to European settlement. Subd. 7. “Native plants” shall mean plants that existed in the area prior to European settlement. Subd. 8. “Natural landscaping” shall mean the use of groups of plants native to the area. Subd. 9. “Naturalistic landscaping” shall mean the use of native and nonnative plants. Subd. 10. “Noxious weeds” shall mean plants so designated by the Commissioner of Agriculture pursuant to Minnesota Statute, those identified by Olmsted County, or USDA-APHIS. Subd. 11. “Prairie” shall mean a plant community dominated by a diversity of native perennial herbaceous plants and grasses. Subd. 12. “Regularly cut” shall mean mowing or otherwise cutting vegetation so that the dimension of the vegetation measured from the ground to the top of the vegetation(as extended upright) regardless if that is the blade of the vegetation or any other part of the plant does not exceed 12 inches in height. Subd. 13. “Temporary Erosion Control Grasses” shall mean grasses (winter wheat, oats, annual rye or regreen) that are used as single growing season cover or nurse crops to assist in the establishment of permanent vegetation. Subd. 14. “Traditional landscaping” shall mean the use of turf grasses and woody plants (shrubbery and trees) with defined areas for cultivation of annual and perennial plants. Subd. 15. “Transitional period” shall mean the amount of time to change from one type of landscaping to another. The period should not extend three growing seasons for any specific area. Subd. 16. “Turf grasses” shall mean bluegrass, fescue and ryegrass blends with non-woody vegetation interspersed with them commonly used in regularly cut lawns. Subd. 17. “Weeds” shall mean prohibited noxious weeds as identified by the State of Minnesota Department of Agriculture, Olmsted County, or USDAAPHIS and any undesirable or troublesome plant that is horticulturally out of place exceeding the height limitations in this chapter. For the purposes of this ordinance, Taraxacum spp (common dandelion) is not considered a weed. Exemption from nuisance regulation: Maintained and weeded prairie, or natural/naturalistic landscape vegetation that does not contain noxious weed growth provided that the property owner applies for and is issued a natural or naturalistic landscape permit, and maintains the property in a condition sufficient to maintain the permit. Permit requirements: 48.05. Natural or Naturalistic Landscape Permits. Natural or Naturalistic Landscape Permits are required if a proposed landscape includes grasses that exceed or are expected to exceed 12 inches in overall height. Permit applications shall be submitted to the Park Department. 48.06. Contents of Natural or Naturalistic Landscape Permit Application. The applications shall contain: A. The name and address of the applicant and the legal description of the property being permitted; B. A site plan for the area sought to be permitted. The scale of plan should be 1”=30’ and include all adjacent properties and public streets and alleys; C. A general description of the vegetation types, plants and plant succession to be used; and D. A specific management and maintenance plan which shall include: (1) The estimated transition period; (2) The elimination of non-native or invasive vegetation; (3) The replanting of the area by transplant or seeded by human or mechanical means; (4) The maintenance of the area to a height of 12 inches or less if weeds cover more than 25% of the landscaped area equaling in excess of 144 square feet; (5) The maintenance of all non-woody vegetation/grasses located in a buffer strip with a minimum distance of four feet from side and rear lot lines is to a height of 12 inches or less unless the adjacent property owner has consented in writing that the buffer strip is not required, a copy of which is filed with the permit application; and (6) Maintenance of all vegetation within 18 inches of any public street, walk, bikeway or alley to a height of 12 inches or less. 48.07. Issuance of Natural or Naturalistic Landscape Permit. The Park Department shall determine the completeness of the application and shall issue the Natural or Naturalistic Landscape Permit unless: A. The management and maintenance plan is incomplete or inconsistent with the application requirements; or B. The transition period for the area is longer than three growing seasons.