4E, Planning Case 11-018 - Approval of the Right-of-Way Maintenance Ordinance

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July 18, 2011, Council Work Session Minutes Right -of -Way Ordinance City Planner Beekman stated that Staff has been working on revisions to the City Code regarding right -of -way (ROV) based on a discussion with the City Council at their work session on December 20, 2010. The current ROW Ordinance is located in Chapter 3 and details regulations and permitting procedures for utility companies and others that do work within the ROW. Chapter 3 does not specify regulations for the maintenance of the ROW by adjacent property owners. City Planner Beekman stated that Chapter 7, which details regulations for trees and vegetation, does include some regulations pertaining to the planting of trees in the ROW, but the details are vague and unclear, causing confusion. In addition, Chapter 7 outlines a permitting process for homeowners to plant trees in the ROW; however, this process is largely not followed by property owners, since most do not seek out permits prior to planting materials in the ROW. City Planner Beekman explained that questions about the City's role in maintaining trees located in the ROW, otherwise known as boulevard trees, have been coming up for the past several years. The Public Works Department handles identifying dead, diseased, and damaged trees in the City that need to be removed. Presently, when there is a question about who planted a tree, the City takes the responsibility of removing it when necessary. She explained that the December 20, 2010, ROW discussion centered on the following questions: 1. Who is responsible for dead, damaged, or diseased trees /vegetation in the ROW? 2. Should residents be allowed to plant /place things in the ROW adjacent to their homes? If so, should a permit be required to do so? 3. What items, if any, should be allowed to be planted or placed in the ROW by residents? 4. What responsibility or authority should the City have for items placed or planted in the ROW? 5. As a policy, should the City ever plant trees in the ROW? City Planner Beekman stated that the consensus of the Council at that work session was that the maintenance of the ROW should be the responsibility of the adjacent property owner, and that residents should be allowed to improve the ROW adjacent to their homes, under certain circumstances, without the need for a permit. City Planner Beekman added that since the December work session, Staff has researched the policies and regulations of other communities, interviewed staff of other communities, met with the City Attorney and the City's Public Works Department. Based on this work, Staff has drafted a possible ROW Maintenance Ordinance that meets the direction given by Council and the goal of clarifying the City's ROW regulations. There are three components to the Code revisions related to the ROW Maintenance Ordinance: 1. Create language within Chapter 3 to address the maintenance of the ROW;