ORD 2022-16 An Ordinance Amending the City Code Regarding Boulevard PlantingsORDINANCE 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
Me 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 forthe nearestvehicle 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.
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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: Moores
SECOND BY: Dahl
ALLINFAVOR:Stockamp, Dahl, Darkenwald, Goede, and Moores
THOSE OPPOSED. none
ADOPTED by the City Council of the City of Otsego this 10th day of October, 2022.
CITY OF OTSEGO
� 1
I. Stockampi Mayor
ATTEST` _ k
Audra Etzel, City Clerl<
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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 10`h 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.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Debbie Schwalba being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
pers) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub=
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/15/2022 and the last
insertion being on 10/15/2022,
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
Subscribed and sworn to or affirmed before
me on 10/15/2022 by Debbie Schwalba.
Notary Public
1 :1
Rate Information:
(I) Lowest classified rate paid by commercial users
for comparable space:
$25,25 per column inch
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF
ORDINANCE NO.: 2022-16
AN ORDINANCE AMENDING
THE CITY CODE
REGARDING
BOULEVARD PLANTINGS,
NOTICE IS HEREBY GIVEN
that on October 10, 2022, Ordi-
nance 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 pub-
Ilshed In summary form. Complete
copies of the ordinance are avalk
Is for inspection by contacting
the City Clerk, Otsego City Hall,
13400 90th Street NE, Otsego,
Minnesota 55330 during regular
office hours.
Published in the
Star News
October 15, 2022
1265445
Ad ID 1265445