Loading...
3.8 Ordinance 2022-16 Boulevard Plantings Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 10 October 2022 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty Streets Operations Manager Lamson 3.8 – Boulevard Plantings STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends adoption of an ordinance amending the City Code to prohibit planting of trees within public rights-of-way. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The City amended the City Code on 27 April 2009 to allow for planting of trees within the public right-of- way. This action followed approval of several residential and commercial subdivisions that included an overall landscape plan, which included boulevard plantings. The City has since moved away from allowance of boulevard trees due to potential long-term issues with street/curb and sidewalk maintenance and interference with utilities. To this end, City staff recommends that Section 5-2-3.E of the City Code be amended to prohibit planting of trees within the public right-of-way. Trees would not be allowed to be planted in the right-of-way for any residential, commercial, industrial, or institutional properties. Low growing plantings as an alternative to turf would still be allowed, but the City is not responsible for any maintenance or damage. The regulation would not be retroactive to existing trees, but the existing language of the City Code allows the City to maintain the trees, including removal if necessary. The Public Works Subcommittee discussed the issue at their meeting on 21 September 2021 and supported amendment of the City Code as recommended by City staff. SUPPORTING DOCUMENTS ATTACHED: ▪ Ordinance 2022-16 (Including Changes) ▪ Ordinance 2022-16 (Clean Version) ▪ Summary of Ordinance 2022-16 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2022-16 amending the City Code regarding boulevard plantings and approve publication in summary form. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 1 ORDINANCE NO.: 2022-16 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING BOULEVARD PLANTINGS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-2-3.E of the City Code (Health, Sanitation, and Environment - Property Maintenance) is hereby amended to read as follows: E. Boulevard Plantings:. 1. A property owner in the City shall be permitted to plant and maintain trees and gardens on the boulevards abutting the front lot line of their property along local streets defined by the Comprehensive Plan in accordance with the provisions of this section. 21. No boulevard shall be planted without written documentation that the property owner has contacted "Gopher State One Call" to determine location of sewer and water mains, laterals and service, and other underground utility lines forty eight (48) hours before digging. 32. No deciduous or coniferous trees shall be planted within the public right-of-way between the curb or street surface and the front lot line of abutting properties or within the roadway easement. Trees installed after April 27, 2009:prior to [EFFECTIVE DATE] a. Trees shall be deciduous of the type authorized by section 11-19-2 of this Code. b. Trees shall not be planted within ten feet (10') of any sewer or water line or driveway or within two feet (2') of any gas, electric or telephone lines underground. c. Trees shall be planted a minimum of three feet (3') from the back of curb or edge of shoulder of a public street. d. Tree limbs shall be maintained to provide a minimum fourteen feet (14') of clearance for the nearest vehicle lane on a public street and eight feet (8') of clearance along public sidewalks. 43. Plantings other than trees shall be allowed by subsection E3 of this section installed after 2 April 27, 2009provided that: a. Plantings may include flowers, vegetables and other plants, but in no event shall any noxious weed be planted or maintained. b. Plantings may not exceed thirty six inches (36") in height. Plantings within thirty feet (30') of any intersection (as measured from the property line) or within twenty feet (20') of any alley, or driveway approach (as measured from the end of the radius or within 5 five feet (5’) of a public utility fixture or street curb) may not exceed twelve inches (12") in height. c. Plantings shall be limited to twelve inches (12") in height within ten feet (10') of the curb on street sections that do not have parking lanes or along street sections where "no parking" restrictions of any kind apply. 54. Plantings mustshall be maintained in such a way that there is no overhang or encroachment onto the sidewalk, curb, or street areasurface. 65. Notwithstanding the foregoing, all boulevards remain public property and are subject to the right of the City to restrict any plantings and/or private irrigation systems that are deemed to interfere with the use of the public right-of-way as determined necessary by the City or which affects the safety of pedestrians and motorists alike: a. The City and other right-of-way users allowed by title 8, chapter 6 of this Code shall have the right to perform necessary work to plant, trim and otherwise maintain trees, to access utilities and to store excess snow. b. In the event the City or other right-of-way user interferes with boulevard plantings or private irrigation in the course of such work, they shall be responsible only to restore the boulevard to the original grassy state by use of black dirt and grass seed. c. In no event shall the City or other right-of-way user be liable for any damage to, disruption of or removal of plantings, either direct or indirect, as a result of the City, its employees, agents or contractors performing any installation, maintenance or repairs. Section 2. This Ordinance shall become effective immediately upon its passage and publication. 3 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 10th day of October, 2022. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk 1 ORDINANCE NO.: 2022-16 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING BOULEVARD PLANTINGS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-2-3.E of the City Code (Health, Sanitation, and Environment - Property Maintenance) is hereby amended to read as follows: E. Boulevard Plantings. A property owner in the City shall be permitted to plant and maintain the boulevards abutting the front lot line of their property along local streets defined by the Comprehensive Plan in accordance with the provisions of this section. 1. No boulevard shall be planted without written documentation that the property owner has contacted "Gopher State One Call" to determine location of sewer and water mains, laterals and service, and other underground utility lines forty eight (48) hours before digging. 2. No deciduous or coniferous trees shall be planted within the public right-of-way between the curb or street surface and the front lot line of abutting properties or within the roadway easement. Trees installed prior to [EFFECTIVE DATE] shall be maintained to provide a minimum fourteen feet (14') of clearance for the nearest vehicle lane on a public street and eight feet (8') of clearance along public sidewalks. 3. Plantings other than trees shall be allowed provided that: a. Plantings may include flowers, vegetables and other plants, but in no event shall any noxious weed be planted or maintained. b. Plantings may not exceed thirty six inches (36") in height. Plantings within thirty feet (30') of any intersection (as measured from the property line) or within twenty feet (20') of any alley, or driveway approach (as measured from the end of the radius or within five feet (5’) of a public utility fixture or street curb) may not exceed twelve inches (12") in height. c. Plantings shall be limited to twelve inches (12") in height within ten feet (10') of the curb on street sections that do not have parking lanes or along street sections where "no parking" restrictions of any kind apply. 2 4. Plantings shall be maintained in such a way that there is no overhang or encroachment onto the sidewalk, curb, or street surface. 5. Notwithstanding the foregoing, all boulevards remain public property and are subject to the right of the City to restrict any plantings and/or private irrigation systems that are deemed to interfere with the use of the public right-of-way as determined necessary by the City or which affects the safety of pedestrians and motorists alike: a. The City and other right-of-way users allowed by title 8, chapter 6 of this Code shall have the right to perform necessary work to plant, trim and otherwise maintain trees, to access utilities and to store excess snow. b. In the event the City or other right-of-way user interferes with boulevard plantings or private irrigation in the course of such work, they shall be responsible only to restore the boulevard to the original grassy state by use of black dirt and grass seed. c. In no event shall the City or other right-of-way user be liable for any damage to, disruption of or removal of plantings, either direct or indirect, as a result of the City, its employees, agents or contractors performing any installation, maintenance or repairs. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 10th day of October, 2022. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk 1 SUMMARY OF ORDINANCE NO.: 2022-16 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING BOULEVARD PLANTINGS. NOTICE IS HEREBY GIVEN that on October 10, 2022, Ordinance 2022-16 was adopted by the City Council of the City of Otsego, Minnesota. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code to prohibit planting trees within public right-of-way. ADOPTED by the City Council of the City of Otsego this 10th day of October, 2022. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.