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5. Discussion on update to road maintenance policy for platted but unopened streets Staff Report Date of Meeting: October 3, 2018 To: City Council From: Neil Soltis, Administrator Re: Platted but unopened road rights-of-way Background: At the September work session there was a discussion of the platted but unopened road right-of-way that exist throughout the City. It was recommended to draft a policy for unopened roads that allows them for use as driveways but the city would not maintain them. Issue: Should the language provided below be incorporated into the City’s right of Way Policy that was approved in November, 2016 Proposal Details: Platted but unopened roads: The City holds the easement in trust for the public to protect each of its platted rights-of-way even if it is not formally opened. The City will manage each of the unopened rights-of-way to ensure that is remains suitable for the purpose for which it was dedicated. Until opened, generally, the City will maintain the rights-of-way only to the extent that which is necessary to address issues of public safety .. No obstructions shall be placed in the right-of-way except with an obstruction permit issued pursuant to the City’s Right of Way Management Ordinance. No excavation shall occur in the right-of-way except with an excavation permit issued pursuant to the City’s Right of Way Management Ordinance. The City may direct that any unpermitted obstructions in the rights of way be removed at any time. City of Scandia Road Right of Way Maintenance Policy Approved 11/15/2016 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, to maintain safe roadways for pedestrian and vehicular traffic, to maintain general tree health, and to enhance roadside habitat for nesting birds and other small wildlife 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 and trimming. 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. MOWING  Subject to weather and growing conditions the first 5 feet of a road right-of-way will be mowed starting on approximately May 15.  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 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.  Small trees and brush becoming established within the road right-of-way will be removed  Trees and brush that interfere with routine maintenance such as mowing or snow plowing will be removed or trimmed.  The flail mower shall not be used in a vertical position to trim brush or trees Schedule: It is the City’s intent to trim trees on all roadways within a 15 year cycle. 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. 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 inche s 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 cutting is necessary to remove road obstructions, to eliminate trees that are in imminent danger of collapse, or to remove diseased or dead trees 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 site. If the adjoining property owner wishes to keep non-disease tree waste, they may contact the City 24 hours in advance of removal. If it is not practicable to remove the tree, the tree will be left on 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 back and remove the wood from the ROW.