HomeMy WebLinkAbout2C, Right-of-Way Ordinance -iZEN HILLS
MEMORANDUM
DATE: December 20, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Michelle Olson, Parks and Recreation Manager
Meagan Beekman, City Planner
SUBJECT: Right of Way Discussion
Background
City Staff have begun discussions on revising City Code regarding Right of Way (ROW).
Unfortunately, the ROW details within the City Code are vague and unclear, causing confusion.
Questions about what should be allowed in the ROW, who is responsible for damage to items
placed in the ROW or responsibility of maintenance of trees and vegetation in the ROW have
brought this issue to the forefront.
City Staff have begun working on an Emerald Ash Borer (EAB) management plan as part of the
City's preparation for the arrival of the beetle. EAB is an invasive non-native borer beetle that
attacks and ultimately destroys a variety of types of ash trees. EAB was found last year in trees
located within ten miles of Arden Hills. As part of this process, City Staff completed an
inventory of all ash trees located within maintained areas of City parks in the summer of 2010.
City staff also budgeted in 2011 for an inventory of trees in the Right of Way (ROW) to be
completed. The goal of the inventory is to better understand the number of trees the City is
responsible for to better prepare for the ultimate possibility of losing all of the City's ash tree
stock.
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. The
City's regulations pertaining to trees and vegetation planted in the ROW are in Section 710 of
the City Code (Attachment A). This section of the Code states that the planter of trees and
vegetation in the ROW is responsible for the ongoing maintenance and care of that tree or plant.
The section also outlines the process through which a resident would receive a permit to plant a
tree in the ROW. Unfortunately, there is not a consistent historic record of permits pulled for the
planting of boulevard trees, many of which were planted by the original subdivider of a
City of Arden Hills
December 20, 2010, City Council Work Session
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neighborhood. Presently, when there is question about who planted a tree, the City takes the
responsibility of removing it when necessary.
The City Code does not address definitively who is responsible for boulevard trees when a
permit for the planting of the tree was not issued, even when it is unlikely that the City planted
the tree. Additionally, the Code is silent on what other types of landscaping materials (i.e.;
retaining walls, planters, boulders, plant materials, irrigation systems) are allowed in the ROW or
not. The City does have a Snow Plowing, Snow Removal, Ice Control Policy (Attachment B)
that addresses some of these items as they pertain to snow plowing, but the Code does not
broadly address this issue. According to the City Attorney (Attachment C), it is within a City's
rights to require items located within the boulevard between the edge of the road and a resident's
property line to be the responsibility of that property owner.
Various communities approach this issue differently; some place the responsibility of
maintaining boulevard trees with residents, others choose to maintain all trees in the ROW
themselves. For example, the City of Minnetonka requires property owners to maintain and be
responsible for boulevard trees; however,they have certain requirements about what is allowed
to be planted or placed in the ROW. Additionally, they retain the authority to prune or remove
vegetation within six feet from the back of the curb and 14 feet above the street for safety
purposes. The City of Shoreview, on the other hand, currently maintains responsibility for all
trees in their ROW.
City Staff believe that it is necessary to clarify within the Code which parties are responsible for
maintaining boulevard trees and vegetation, and most importantly, who is responsible for their
removal in the event of damage or disease. A better understanding of this question is necessary
before the City can create an EAB management plan. It is likely that the coming years will bring
the need for widespread removal of the City's ash tree stock, and proper management of City
resources requires a clear understanding early on of the City's responsibility when it comes to
their removal and possible replacement of trees.
Discussion
City Staff would like to begin working on proposed changes to the City Code regarding ROW.
Staff requests City Council direction on the following questions/issues as they pertain to the
ROW in order for us to begin this process:
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?
Retaining walls, fences, vegetation, landscaping materials, rocks, irrigation
systems, trees
City of Arden Hills
December 20, 2010, City Council Work Session
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4. What responsibility or authority should the City have for items placed or planted in the
ROW? For example, should the City be able to prune or remove vegetation that impedes
a safe travel area in the ROW
5. As a policy, should the City ever plant trees in the ROW? Should the City ever require
trees to be planted in the ROW for development projects or subdivisions?
Based on the discussion this evening, Staff anticipates bringing this item back with proposed
City Code changes regarding the ROW for Council review at a future work session.
Attachments
A. Section 710 of the City Code
B. City's Snow Plowing, Snow Removing, Ice Control Policy
C. Letter from Jerry Filla on ROW Trees
City of Arden Hills
December 20, 2010, City Council Work Session
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Attachment A •
Section 710 of the City Code
City of Arden Hills Chapter 7 Recreation Areas
Subd.6. The following parties are exempt from compliance with the above regulations:
A. Authorized resource management, emergency and enforcement
personnel when acting in the performance of their duties; and
B. Parties participating in special events as authorized by the City Council
and the Ramsey County sheriffs department pursuant to an approved _
permit.
Subd.7. Primary enforcement of this section shall be the responsibility of the Ramsey
County sheriffs department. This,however,shall not preclude enforcement by other
licensed peace officers.
Section 710 -Trees and Vegetation
(Revised June 29, 2009,Ordinance#2009-009)
710.01 Purpose. The planting of trees in areas of the City dedicated for public streets,
which trees are sometimes referred to in this section as boulevard trees, is a matter of
public interest and it is the purpose of this section to provide a procedure for permitting
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Adopted December 17,2001
City of Arden Hills Chapter 7 Recreation Areas
the planting under certain circumstances and subject to certain regulations as provided by
this section.
710.02 Minimum Size. Only trees which are at least one and one-half inches in diameter,
measured one foot above the ground, shall be planted as boulevard trees within the City.
710.03 Permitted Varieties. Only the following types of trees shall be permitted under the
provisions of this section: Hackberry; Norway,Sugar or Red Maple; Linden; and other -
species as approved by the City. Under no circumstances shall permits be granted for
cottonwood trees, non-disease resistant elm trees,or any species of ash tree.
710.04 Minimum Area. Permits shall not be granted under the provisions of this section
unless there is at least seven (7) feet between the curbline and sidewalk line at the pertinent
location. The curbline shall be determined by using the projected street width rather than
the existing pavement location,and the sidewalk should be assumed even if it is not present
or anticipated. 1n no event shall trees be permitted within three and one-half(32) feet of
the projected curb.
710.05 Spacing. Trees shall not be planted closer than fifty(50) feet center-to-center,with
respect to trees which will not exceed forty(40) feet in height at maturity. With respect to
trees which will exceed forty(40) feet in height at maturity, the required spacing shall be at
least seventy-five (75) feet center-to-center.
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Adopted December 17,2001
City of Arden Hills Chapter 7 Recreation Areas
710.06 Restoration Sod. The applicant for a permit required by the provisions of this section
shall be required to restore the sod to its original condition after planting.
710.07 Responsibility. The planter of boulevard trees shall assume responsibility for
maintenance and care of the trees,and shall undertake to water the trees well during the first
growing season and thereafter as needed. Trees which do not survive the second growing
season shall be removed by the planter at his or her expense.
710.08 ldentifying Recommended Location. The tree inspector who inspects the site and
recommends the granting of the permit required by this section shall drive a stake marking the
spot for the planting.
710.09 Prohibited Locations. Trees shall not be planted within twelve(12) feet of any fire
hydrant, utility pole or other fixture; nor shall they be planted over any public utility,such as a
sewer or a waterline; nor shall they be planted within fifteen (15) feet of an intersection; nor in
such a manner that on maturity they will interfere with the visibility of traffic signs or signals.
710.10 Permits.
Subd. 1 Required. The planting of trees on property dedicated as a public street shall
be prohibited in the City unless permits therefor are first obtained from the city.
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Adopted December 17,2001
City of Arden Hills Chapter 7 Recreation Areas
Subd.2 Application. Applications for a permit required by the provisions of this
section shall be made by the owner of the property abutting the proposed location of
the tree or trees to be planted; and shall be on forms provided by the city. The
applications shall contain:
A. The name and address of the applicant;
B. A sketch or other adequate information to indicate the proposed location -
of the tree or trees to be planted,which location shall be given with reference
to the existing edge of the pavement,and the property line of the abutting
property;
C. The size and type of proposed tree; and
D. The exact location of the tree or trees from some fixed object or point.
Subd.3 Fee. No charge or fee shall be imposed for a permit required by the
provisions of this section.
Subd. 4 Inspection of Proposed Location. Upon receipt of an application for a
permit required by this section, the city administrator shall first determine whether
the necessary information is given and shall then refer adequate applications to the
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Adopted December 17,2001
City of Arden Hills Chapter 7 Recreation Areas
city forester for processing. The city forester shall determine by inspection of the
proposed site and application of the standards given in this section whether the
permit should be granted and shall return the application to the city administrator
with recommendation for or against granting the permit.
Subd. 5 Factors to Be Considered. In considering the applications for permits the
city forester, board of appeals and Council shall consider the size and type of the
proposed tree in relation to other boulevard trees in the City. In general one species _
of tree should not constitute more than one-half of the boulevard trees in the City,
and in any one block, including both sides of the street, there should be a minimum
of two (2) species and a maximum of three(3)species of boulevard trees. In
permitting varieties of species to be planted consideration should he given to the
desirability that the species conform as to size upon maturity. To the greatest extent
possible, planting should be permitted in units of one block at a time.
Subd. 6 Issuance; Denial. If an application for a permit required by this section
and the proposed location are approved by the city forester, the city administrator
shall issue the permit on forms provided for that purpose. If the application is
disapproved,the city administrator shall notify the applicant,in writing, of the
denial and the reasons therefor.
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Adopted December 17,2001
City of Arden Hills Chapter 7 Recreation Areas
Subd 7 Appeal from Denial. The applicant for a permit required by the provisions
of this section may appeal any denial thereof to the City Council by notifying the
City administrator,in writing,of his or her request within thirty (30)days after
receipt of notice of the denial.
Subd. 8 Liability for Maintenance. All permits granted under this section shall
provide that the granting of the permit places no obligation upon the City nor does -
it impose upon the City any requirement for maintenance of the trees. Any trees
planted on a public street or other public property are placed thereon entirely at the
risk of the planter and any trees so planted may be removed, trimmed, maintained,
moved or otherwise changed at any time by order of the Council. 1n the event that
removal of the trees or maintenance of the trees is considered necessary by the
Council and is done at City expense the cost thereof may be assessed against the
property owner or the abutting property owner. All trees planted under the
permits become public property when the planting is completed.
710.12 Protection of Shade Trees* (Adopted by the City Council on August 29, 2005)
Subd. 1 Declaration of Policy. The City Council has determined that the health of
oak,elm, and ash trees, hereinafter sometimes collectively referred to as "shade
trees,"within the municipal limits are threatened by fatal tree diseases commonly
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Adopted December 17,2001
Attachment B
City Snow Plowing, Snow Removal and Ice Control Policy
--IkRQEN HILLS
CITY OF ARDEN HILLS
SNOWPLOWING, SNOW REMOVAL AND ICE CONTROL POLICY
DETERMINATION OF NEED AND INTRODUCTIONS
The City of Arden Hills has determined that it is in the best interest of the residents, for
the City to assume basic responsibility for control of snow and ice on the streets under the
jurisdiction of the City. Appropriate snow and ice control is necessary for emergency
services as well as routine travel. Providing this service in a cost-effective manner is a
discretionary decision of the City Council. The City will use City employees, equipment
and/or contract services as deemed appropriate to provide this service. Therefore, this
policy is needed to provide direction for these operations and guidelines for employees
and residents based upon available resources.
The City of Arden Hills has approximately thirty-five (35) miles of street under its _
jurisdiction. These consist of State Aid roads and residential streets. This policy is
intended to provide guidelines for snow and ice control operations for streets under the
City's jurisdiction. Some sidewalks are also covered under this policy.
COMMENCEMENT OF OPERATIONS
Snowplowing and/or ice control operations shall commence under the direction of the
Public Works Director. In his absence, the Public Works Superintendent will determine
when and what operations will begin.
It is policy to begin snowplowing operations after the snowstorm has subsided. The call
out of equipment is dependent upon time and severity of the snowfall. The most critical
times are morning and evening rush hour periods.
This policy is designated, if at all feasible, to have the snow removed prior to the
beginning of these rush hour periods. If a storm is forecast to be unusually long, or heavy
accumulations appear imminent, full snowplowing operations will begin on all of the
snowplow routes when accumulations become hazardous for driving. Based on different
storm situations and severity levels, the starting time frames are flexible. The following
guidelines may also warrant the beginning of the operations.
A. Snow accumulation of two inches, with continued snowfall.
B. Drifting of snow may warrant commencement of partial or full operations
depending upon conditions.
C. Icing of pavements may also warrant partial or full operation depending upon
extent and conditions.
D. The Public Works Director or his designated representative shall determine
the time to start operations and the extent of the operations. Storms forecast
for late afternoon or evening hours may be the basis for the Public Works
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Director splitting a shift and sending crews home for call-out later in the
evening.
SUSPENSION OF OPERATIONS
Operations shall continue until all roads are passable. Widening and clean-up operations
may continue immediately or on the following working day, depending upon conditions
and circumstances. Safety of the plow operators and the public is important. Therefore,
snowplowing/removal operations may be terminated after ten to twelve hours to allow
personnel adequate time to rest. There may be instances when this is not possible,
depending on storm conditions and other circumstances. Operations may also be
suspended during periods of limited or zero visibility. Any decision to suspend
operations shall be made by the Public Works Director, or his designee, and shall be
based on the conditions of the storm.
All plow units are radio equipped. In the event that the driver gets stuck in snow or
breaks down, another unit will be summoned to replace or rescue the disabled unit. The
safety of the drivers will be of prime importance. If the City should experience
equipment breakdown, attempts will be made to engage contract units, or other
municipalities to supplement our work force or equipment fleet.
PLOW ROUTES AND SEQUENCING
City streets, public sidewalks, trails, public parking lots, and ice rinks under the City's
jurisdiction are affected by this policy. All private sidewalks shall be maintained by the
property owner. City parking lots and ice rinks will be cleared by City crews, but as a
secondary priority. At the City's discretion, they shall either be cleared in conjunction
with street routes or after street routes have been completed.
The Public Works Superintendent shall have the responsibility of determining plow
routes and sequencing operations. The Public Works Superintendent shall retain the
latitude to adjust sequencing or route assignments based on storm conditions, equipment
availability and/or other conditions warranting changes. Currently, the City has been
divided into three different plow routes, with two snowplows assigned to each.
LEVELS OF SERVICE
The intent of this policy is to provide safe winter driving conditions appropriate for the
type of travel typical to City streets. The level of service described herein shall be
considered a guideline with the understanding that immediately after a storm, the level of
service provided may be less than described herein and may vary across the City,
depending on storm conditions and other circumstances. Streets shall be plowed and/or
sanded, with additional emphasis given to intersection approaches and curves, in order to
provide the safest conditions practical under the circumstances.
Snow shall be plowed in a manner that will not obstruct traffic flow on a normal basis.
The center of the roadway will be plowed first. The snow will be pushed from the center-
line. The discharge shall go onto the boulevard area of the street. There is no known
way to keep snow from filling the end of driveways as the plow passes by.
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Sanding will start as soon as the vehicles are equipped with sanding devices or the
operator's have completed their plow routes. If severe ice conditions exist, the sanding
trucks may be pulled from their plow routes to begin sanding. Other plow units will then
complete the plow routes of the vehicles used to sand.
The City of Arden Hills has a contract with Ramsey County for salt and sand deicing
materials. The deicing materials are stored at the Ramsey County Public Works facility.
The Public Works Department has access to the following deicing materials:
• 100% Salt Material;
• 80% Sand-20% Salt Mixture;
• 50% Sand-50% Salt Mixture.
The City of Arden Hills does not have a dry pavement policy so those using City
maintained rights-of-way are expected to exercise careful judgment and caution during
winter months.
During light to normal snowfalls, streets shall be plowed to full width as soon after the
initial pass. During heavier snowfalls, the streets shall be plowed as wide as possible
initially and widened as the storm intensity lessens. After the storm subsides, clean-up
operations shall begin in order to clear intersections and snow storage areas along corners
and boulevards. It is the City's intent to complete the initial plowing and sanding
operations within twenty-four (24) hours of light snowfalls and within seventy-two (72)
hours of heavy snowfalls. Major blizzards may require more time.
PARKING RESTRICTIONS
On-street parking is not compatible with efficient snowplowing operations. Vehicles left
parked on the street for extended periods of time create significant operational problems _-..
for snowplow operators as well as safety problems due to packed snow and ice remaining on the roadway around the vehicle. The City's Ordinance prohibits parking of vehicles
on City streets after the accumulation of two inches or more of snow, with the prohibition
continuing until snow removal or plowing thereof has been completed. Any vehicle J.
parked in violation of this Ordinance is subject to a parking citation and is also declared
to be a safety hazard and nuisance. This nuisance may be summarily abated by removing
and towing away such vehicle under the direction of the Ramsey County Sheriff's
Department. Enforcement of this Ordinance shall be directed by the City Council.
SNOW REMOVAL
Certain locations within our community may require additional service after
snowplowing operations cease. This shall be referred to as "snow removal". Snow
removal hereinafter will be defined as the loading and trucking of snow to an approved
site under the direction of the Public Works Director or his designated representative.
This service may be approved when there is no area for snow storage. Snow removal
operations normally begin within twenty-four (24) hours after snowplowing operations
have been completed.
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There are approximately sixty (60) cul-de-sacs in Arden Hills. It may take some time for
the specialized equipment to complete the actual cul-de-sac areas; therefore, a snowplow
may complete the normal part of the street and complete only a portion of the cul-de-sac.
The major portion of the cul-de-sac will be plowed by the special equipment during the
usual time guidelines for snowplowing operations. Snow removal may be required in
cul-de-sac areas if previous snow accumulations prevent normal movement of snow to
boulevard areas.
SNOW REMOVAL FOR CITY SIDEWALKS AND TRAILS
The City of Arden Hills does maintain most sidewalks and trails. Arden Hills sidewalk
snow plowing begins as soon as possible after a significant snowfall. Sidewalks and
trails that are maintained by the City during the winter months will be cleared of
accumulated snow but will not be maintained to a "clean pavement" condition. The
following sidewalk and trail areas will not be maintained by the City's Public Works
Department in the winter months due to steep grades or dangerous sidewalk conditions:
• Arden View Drive to Colleen Avenue Trail; -
• Cummings Park-Lexington Avenue to Cummings Ball Field;
• Cummings Park-North Water Tower to Hamline Avenue.
The City of Arden Hills will post the aforementioned trail locations as "Minimal
Maintenance Trails" during the winter months.
PROPERTY DAMAGE
Snowplowing and ice control operations may cause property damage even under the best
of circumstances and care on the part of the operator. The major types of damage are to
improvements within the City right-of-way, which extends approximately ten to fifteen
feet beyond the curb locations. The intent of the right-of-way is to provide room for - ..
snow storage, utilities, boulevard trees, sidewalks and other City uses. -The City will repair sod that was damaged by a City snowplow. Public Works
Department staff members will repair the sod damage with black dirt and grass seed. All
other damage within the public right-of-way is the responsibility of the property owner
including, but not limited to trees, shrubs, landscaping materials, decorative rock, brick
walls, and lawn/landscaping irrigation (sprinkler heads) systems.
The City does not allow large decorative rocks or boulders within the right-of-way.
Large rocks or boulders can cause damage to the City's snow removal equipment and
may be a potential safety hazard to the operator.
The City will not repair/replace sod damaged due to the application of sand, salt, or other
deicing chemicals.
Certain private improvements such as mailboxes are required within this area; therefore
the City will cooperate with property owners in the event of damaged private property.
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The City shall specify when this damage is the responsibility of the City and when it shall
be the responsibility of the resident.
Mailboxes and supports are the property of the mail route patron and must be installed _
and maintained by the owner, who must bear the liability for them. Since mailboxes
must be Iocated in the road right-of-way in order to be accessed by postal service, certain
regulations apply for the safety of the driving public as well as for the protection of the
mailboxes themselves.
Federal postal regulations require the mailbox patron to remove any obstructions,
including snow, which make delivery difficult. Using one of the approved mailbox
supports is highly recommended, as it will allow clearing under or near the mailbox
without damage during a normal plowing operation.
When there is a heavy accumulation of snow, the location of mailboxes close to the
roadway makes the push back operations of the City's Public Works Department more
difficult and renders the boxes quite susceptible to damage as a result of plowing -
operations. It shall be the City's policy to use special care and consideration when
plowing snow in the vicinity of mailboxes.
State law now requires all mailbox supports be of a breakaway design.
Mailboxes can be especially vulnerable to damage from snow removal operations. The
City assumes liability for mailboxes damaged during plowing, if it is determined that the
plow did make direct contact with a mailbox that was properly placed and under the
approved guidelines.
To be properly placed, a mailbox should be installed so that its bottom edge is 45" to 48"
above street level, with the post 48" back from the curb or front of the box. That amount of clearance is necessary to keep the plow's wing from hitting the box. If there are any
plastic newspaper tubes attached to the mailbox, they must also be above the minimum
45" height requirement. The box's post should be securely in the ground. -
If mailboxes are not installed with the proper clearance mentioned above, the
responsibility for repairing any damage lies with the homeowner, not the City. The City
will replace standard metal mailboxes that are installed properly on an approved swing-
away post. The City WILL NOT pay the replacement cost for a decorative mailbox.
RESPONSIBILITY OF RESIDENTS
Snowstorms create numerous problems and inconveniences. This policy has identified
streets, sidewalks, parking lots and ice rinks that the City will clear. The residents will
also have certain responsibilities. These include clearing their own driveways and private
sidewalks, clearing areas for refuse containers, clearing around mailboxes and/or
newspaper tubes and fire hydrants adjacent to or located upon their property. These areas
must be cleared without depositing any snow into the street. The practice of moving
snow from driveways into the street causes a very serious traffic problem. When the
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snow freezes and a vehicle hits a rough spot, it could be thrown out of control and an
accident might occur. It is prohibited to blow, shovel or plow any snow back onto, or
across any City street. Snow must not be accumulated into any large piles that obstruct
vision or driveways or walks. Refuse containers must not be placed on the street
surfaces. The City will not clear private drives or walks.
Snowplowing can cause additional snow to be deposited in driveway approaches and
around roadside obstacles. Operators are instructed to attempt to minimize these
instances, however, it is not practical to eliminate this situation. Residents must be aware
they will be responsible for the subsequent clearing of their driveways after their street
has been plowed.
COMPLAINTS
Complaints regarding snow and ice control or damage shall be taken during normal
working hours and handled in accordance with the City's normal complaint procedure.
High priority complaints (those involving access to property or problems requiring
immediate attention) shall be handled on a priority basis. Response time should not _
exceed twenty-four (24) hours for any complaint. It should be understood that complaint
responses are to ensure that the provisions of this policy have been fulfilled and that all
residents of the City have been treated uniformly. It is the City's intention to log all
complaints and upgrade this policy as necessary in consideration of the constraints of our
resources.
PARKING REGULATIONS
Arden Hills Code of Ordinances Section 800.03 Parking Regulations
Winter Parking_Re lutes — Except in compliance with the directions of a law
enforcement officer or in compliance with regulatory parking signs placed by law
enforcement officers or employees of the City, no vehicle shall be parked on the —
improved portion of any street or highway in the City during the period of time
commencing immediately after the accumulation thereon of two or more inches of
snow and continuing thereafter until snow removal or plowing has been -
completed.
Overnight Parking —No vehicles shall be parked on any street for more than 30
minutes between the hours of 2.00 a.m. and 6:00 a.m.
Parking in Residential Districts. — Parking in residential districts shall be Iimited
to the use of the occupants of those residences and their guests.
Parking on Public Streets—Parking on public streets shall not exceed six hours.
Vehicles over 12,000 Pounds — No motor vehicle or trailer with a rated gross
weight exceeding 12,000 pounds shall be parked or stored in a residential zone
except when loading, unloading or rendering a service.
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Parking on Boulevard Prohibited — No motor vehicle shall park upon the
boulevard of any public street.
Setbacks from Intersection—Parking shall be set back from street intersections as
follows:
1. Twenty (20) feet from crosswalk of any uncontrolled intersection;
2. Thirty(30) feet from crosswalk of any controlled intersection; and
3. Twenty (20) feet from any intersection without marked crosswalk.
Administrative Procedures — The City Administrator shall adopt, from time to
time, procedures to provide for the safe and consistent application of the parking
regulations. The City Administrator may grant variances from the application of
parking regulations provided that the variances can be allowed without creating a
safety hazard. Administrative variances shall be in writing and shall state the _
specific time limits during which the variation will be allowed to occur.
Approved by the Arden Hills City Council the 12th Day of June, 2006.
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Attachment C ..
Letter from City Attorney regarding ROW
Warren E.Peterson Suite 800
ERSON
Jerome P Filla 1 V. C V 55 East Fifth Street
Daniel Witt Fram FILM BERGII/IAN 5t.Paul,MN 55101-1718
Glenn A.Bergman (651)291.8955
John Michael Miller (6511 228.1753 facsimile
Michael T.Oberle www.pfb-pa.com
Steven H.Bruns*
Paul W.Fahning*
Sonja R.Ortiz
Ben I.Rust
Jonathan R.Cuskey
Tracy 1.Halliday
Jared M.Goerlitz
Dan M.Duffek*
(651)290-6907
jfiJ1aapfb-pa.com
Tune 15, 2010
Ms. Michelle Olson
Park & Recreation Director
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112.
RE: Right-of-Way Use Rights
Our File No.: 10450.10-6 -
Dear Michelle:
The City normally acquires the right to use a portion of private property for a public
roadway as a result of the dedication on a plat, the receipt of a grant of easement or, in
some cases, as a result of a statutory dedication. In the latter case, the City would need
to use and maintain a private road for six (6) years.
In all of the above circumstances, the City acquires the right to use property for a
specific public purpose. The City does not acquire fee title. The underlying title
continues to reside in the name of the party who platted the property, or who conveyed the easement, or who is the owner of the property over which the City received a
statutory dedication. If the City determines that the use as a public right-of-way is no
longer necessary, the City can vacate its interest in the right-of-way and the full use of
the former right-of-way reverts to, in most cases, the adjacent property owner.
It's unusual for a City to improve the full width of a right-of-way. The unimproved
portion of the right-of-way is sometimes referred to as a boulevard and is otherwise
indistinguishable from the remainder of the adjacent owner's front yard. Since the
adjacent owner is usually the underlying fee owner of the right-of-way area (including
the unimproved portion of the right-of-way), the adjacent owner can use the
unimproved portion of the right-of-way so long as the adjacent owner's use does not
interfere with or obstruct the City's use of the area as a right-of-way.
*ALSO ADM17TE❑IN WISCONSIN
Michelle Olson
June 15, 2010
Page 2
Trees, soil and adjacent owner improvements belong to the adjacent owner. The
adjacent owner has the obligation to maintain the trees and other improvements. If a
tree is blown down in a storm or is infected by a disease and dies, it is the adjacent
property owner who is obligated to remove the tree.
The above statements are general in nature and there will be some variations depending
upon the facts and circumstances of each case.
If you have any questions, please contact me.
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