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Home My WebLink About6.k. Right-of-Way and Boulevard Maintenance Policy ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: March 18, 2008 AGENDA ITEM: Right -of -Way and Boulevard Maintenance AGENDA SECTION: Policy Consent j► PREPARED BY: Andrew J. Brotzler, PE, City Engineer Rick Cook, Operations Superintendent AGENDA NO. (o K ATTACHMENTS: Right -of -Way and Boulevard Maintenance APPROVED BY: eF Policy RECOMMENDED ACTION: Motion to Adopt the Right -of -Way and Boulevard Maintenance Policy ISSUE: Public Works Staff has determined a need for a Right -of -Way and Boulevard Maintenance Policy to ensure consistency in our maintenance of boulevards and rights -of -way area throughout the City. BACKGROUND: Without an approved Policy to define maintenance responsibilities, it has been difficult to establish and enforce consistent maintenance standards for the rights -of -way and boulevards throughout the City. Some property owners are unaware that the boulevard or right -of -way area on their property is their responsibility to maintain. As a result, the Public Works Department Staff has taken on the responsibility and additional cost of maintaining areas that should be maintained privately. With a well- defined policy, we can ensure that-the City's high maintenance standards be consistently followed. This proposed Right -of -Way and Boulevard Maintenance Policy will help save valuable time and resources by involving property owners and home owners' associations with responsibility for maintenance of these areas. Establishing this Policy will also prevent confusion over maintenance responsibilities and expectations in future developed areas. SUMMARY: Staff recommends Council approval of the Right -of -Way and Boulevard Maintenance Policy. G: \Chris \PW Miscellaneous \Boulevard Policy CCO3- 18- 08.doc CITY OF ROSEMOUNT POLICY TITLE: RIGHT -OF -WAY AND BOULEVARD MAINTENANCE EFFECTIVE DATE: POLICY NUMBER: PROPOSED BY: PUBLIC WORKS DATE APPROVED BY COUNCIL: PURPOSE The purpose of this policy is to define roles and responsibilities for right -of -way and boulevard maintenance within the City. The City will save valuable time and resources by involving property owners and home owners' associations with responsibility for maintenance of these areas. Establishing this Policy will also prevent confusion over maintenance responsibilities and expectations in future developed areas. For the purpose of this Policy, the following definitions are utilized: right -of -way a street, alley or easement permanently established for the passage of persons and vehicles, including the traveled surface of lands adjacent that are formally dedicated to such usage boulevard area of land between the street, and the sidewalk or bike trail (properties without a sidewalk or bike trail do not have a boulevard as defined here, but do contain public right -of -way) collector street a locally significant street that provides connectivity between arterial streets or other important activity centers such as commercial areas, schools, parks or neighborhoods (a listing of streets designated as arterial or collector is provided in TABLE A) local street a low volume street (neither arterial nor collector) that connects City blocks and individual land parcels, with its main function being access rather than mobility businesses all properties included in the Commercial or Industrial zoning classification home owners' associations single or multi- family housing developments governed by an association For the purpose of this Policy, responsible right -of -way and boulevard maintenance includes the following components: 1. Boulevards and rights -of -way area shall be mowed when grass /vegetation exceeds four (4) inches. 2. Boulevards and rights -of -way area shall remain cleared of debris and weeds. 3. Boulevard and right -of -way trees shall remain pruned so that no part is within ten (10) feet of the ground, and so that no part is restricting the view or safe passage of any pedestrian or vehicle traffic, or obstructing the view of street signs or intersection sight distance. 1 POLICY MAINTENANCE This Policy defines right -of -way and boulevard maintenance for the following properties: Residential Property that is not part of a home owners' association Other Properties such as businesses, churches, schools and home owners' associations Residential Property (not part of an association) on Local Streets Property owners shall be responsible for components 1 and 2. The City shall be responsible for component number 3. Removal and replacement of a damaged or dead tree located in a boulevard or right -of- way shall be performed by the City, at the City's discretion. A similar potted replacement tree will be provided to the property owner upon request, to be installed by the property owner, not within the right -of -way. Residential Property (not part of an association) on Collector Streets Property owners shall be responsible for components 1 and 2 for front boulevards and rights -of -way area. The City shall be responsible for components 1 and 2 for side and rear boulevards and rights -of -way area. The City shall be responsible for component number 3 for front, side and rear boulevards and rights -of -way area. Removal and replacement of a damaged or dead tree located in a boulevard or right -of- way shall be performed by the City, at the City's discretion. A similar potted replacement tree will be provided to the property owner upon request, to be installed by the property owner, not within the right -of -way. Other Properties Businesses, churches, schools and home owners' associations are responsible for components 1, 2 and 3. Removal and replacement of a damaged or dead tree located in a boulevard or right -of- way is the sole responsibility of the business, church, school or home owners' association. IRRIGATION FACILITIES Irrigation systems constructed in the right -of -way will be held subject to the terms and conditions of the City of Rosemount Right -of -Way Ordinance. Private irrigation systems may be built in the right -of -way in conjunction with a public improvement project. Once the public improvement project has received the base course of bituminous, no street crossings, borings or open trench excavations will be allowed. Location, maintenance and repair of all private irrigation facilities is the sole responsibility of the property owner or home owners' association. Private irrigation systems within right -of -way and public roadway crossings shall be registered with Gopher State One Call. The City will not be held responsible for snowplowing damage to irrigation facilities located in the right -of -way. The City will have no responsibility for maintenance, operation or replacement of private irrigation systems. 2 OTHER TERMS AND CONDITIONS The City will remove any portion of a tree located on private property that falls into the public right -of -way due to a storm or other such natural occurrence, up to the point at which it is no longer blocking pedestrian or vehicle traffic. Removal of the remaining portion and its subsequent replacement is the sole responsibility of the property owner. It shall be established in all future PUD agreements or amendments that no trees will be planted in boulevards or rights -of -way area without special consent from City Officials. If such consent is granted, the property owner or home owners' association shall be solely responsible for the maintenance of such trees. The City strongly discourages property owners from planting new trees in the boulevard or right -of -way. Maintenance of any such new planting shall be the sole responsibility of the property owner. All boulevards and rights-of-way area established through future development shall be maintained as defined in this Policy. A listing of the boulevard and rights -of -way area maintained by the City is provided in TABLE B. A map of this information is provided in APPENDIX A. The map and list are current at the time of Council approval of this Policy and will be updated administratively as development occurs. A current list will be kept on file in the Public Works Department. APPENDIX A shows a map of the developments and /or home owners' associations that are responsible for right -of -way and boulevard maintenance as indicated in their Planned Unit Development Agreement with the City. This map is current at the time of Council approval of this Policy and will be updated administratively as development occurs. A current map will be kept on file in the Public Works Department PROCEDURE The Public Works and Community Development Departments will work together throughout the development approval process to ensure that developers,are informed and educated about their right -of -way and boulevard maintenance responsibilities. When the City becomes aware of a situation where the Policy is not being followed, Staff will inform the property owners about the Policy and provide enough information to encourage future compliance. 3 TABLE A Collector Streets 140 Street East from CSAH 71 to CSAH 42 145 Street West 151 Street West from Shannon Parkway to Chippendale Avenue Auburn Avenue Autumn Path Bacardi Avenue Biscayne Avenue from Connemara Trail to CSAH 46 Bonaire Path Chippendale Avenue Connemara Trail CR 73 Dodd Boulevard from Shannon Parkway to Chippendale Avenue Evermoor Parkway Fahey Avenue East Pine Bend Trail Shannon Parkway Principal Arterials CSAH 42 TH 55 TH 52 Minor Arterials CSAH 38 CSAH 46 CSAH 71 TH 3 4 TABLE B RIGHTS -OF -WAY AREA AND BOULEVARDS MAINTAINED BY THE CITY BOULEVARD FROM TO MILES 145 Street West (north side) Shannon Parkway 2n house west of Chili .45 145 Street West (north side) Bloomfield Path CSAH 42 .23 145 Street West (south side) 1 Diamond Path Dallara Avenue West .36 145 Street West (south side) Family Resource Center Family Resource Center .11 Auburn Avenue Bloomfield Path 260' west of Autumnwood .10 Biscayne Avenue (east side) St. Joseph's Church Railroad Tracks .28 Biscayne Avenue (west side) 145t Street West CSAH 42 .44 Bloomfield Park East side West side .16 Bloomfield Path Auburn Avenue 130' east of Avalon Path .04 Bonaire Path (south side) TH 3 Bacardi Avenue .86 Boulder Trail (south side) Biscayne Avenue Boulder Court .79 Business Parkway center islands .18 Business Parkway (east side) Brenner Court CSAH 42 .10 Business Parkway (west side) 148 Street CSAH 42 .20 Chippendale Ave (both sides) 3 145 Street West CSAH 42 .94 Chippendale Ave (west side) 2 151" Street West CSAH 46 .85 Chippendale Ave (east side) 2 CSAH 46 1400' north of CSAH 46 .26 Connemara Trail (north side) TH 3 East side of Meadows Park 1.01 Connemara Trail (south side) TH 3 Biscayne Avenue .44 Connemara Trail (south side) St. Joseph's Church Bloomfield development .27 Connemara Water Tower .10 CSAH 42 (north side) 1 Diamond Path Retail center 1.28 CSAH 42 center islands Diamond Path TH 3 .75 Diamond Path (east side) 1 CSAH 42 CSAH 46 .98 Dodd Boulevard (south side) 3 Twin Puddles Chippendale Avenue .76 TH 3 (east side) South end of Kwik Trip CSAH 42 .16 TH 3 (east side) Park Ride lots Park Ride lots .10 Shannon Parkway (east side) CSAH 38 Houses 1.19 Shannon Parkway (east side) 2 Connemara Trail CSAH 42 1.09 Shannon Parkway (east side) 2 375' south of 151" Street W CSAH 46 .70 Shannon Parkway (west side) December Trail CSAH 46 .84 Total 16.7 1 Portions of these segments are mowed on both sides of the sidewalk or trail, up to the fence (or landscaping) of the property owner. 2 Excludes townhome associations, businesses, churches and schools. 3 Excludes front- facing private properties. 5 B oulevard Mowing Map 1 MCANDREWS RD W4 CS 38 A e t �F J� o a I m m s1 J W O v �127Tf�T W p O z3 N 2 U O '1 SA P p O 28T z 3 3 I I pP' Q O z co DOk U m 9i 13 I DA NO N CR`MCCiF DRU DR LIFFE G C•1 130TH ST W FE T Z CROLLY I N R££G W 4. 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CT DM• AD; �'1'� w y� "T C I. 1 19000 i 4500 3500 2500 1500 Maintained Boulevards February 2008 FILE: /snap2/sharel /GIS/City/Maps /Departmental Maps /Engineering/Chris /Boulevard Mowing.mxd Boulevard Tree Maintenance Man aJ'k�L'��C� kill 1' 140A01,11. ;►m4.r►»,zaer3#x111 I Developments Responsible for Maintenance x ;,,,,.r a p 3 i rch_ Sto B s 4 Y Oak Ride Estates Chelse- oods Estates Es es kelson s Oakwood w ,T c Estates Rosemount Hills 4th suer Add. White fake Acres i Rosemount Hills 2nd. Oakwood i Rosemount Hills Estates 2n• Mlckelson's 2nd Add 1 Jay Shannon till— z Mallard Oaks Hi La Pond p nzmn 1stAdd A Add ition ;i Estates G i j Rose Hills 3rd Add. I f c` Lan= R A M Mallard ond2ldAdd f A d Sh ann. ,.,c g- dte yr L .un e WneE .n m .1 p.4 HRIs p s Le Foret •d1'— ci Dime iscayne l r ,ford of Ro ndst ee 4 t Country Hills C 2 d yr,- nnemara s ch w a ossings S art'I� 1 17 Brs ne 'e 'Roe o(nte •r Rossi a u fir Audtors Sub No. Auditors -OP shlan. 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