Minutes - Public Works Committee - 06/19/2007

Home

City Engineer Jankowski reviewed that that in 2004 Ordinance #04-23 established a vision clearance triangle at each comer to provide adequate sight distance for vehicles entering existing street intersections. In the process of developing this ordinance it was anticipated that there would be conflicting interests between the City's concern for public safety and the desires of property owners to landscape their properties and maintain privacy since it places restrictions on property owners for land uses that would interfere with sight lines within this area. Mr. Jankowski reviewed that the Public Works Committee at their March 20, 2007 meeting recommended eliminating this potential conflict on future streets by requiring that the area of the vision triangle be dedicated as right-of-way. City Council ratified this recommendation on April 10,2007. Included in the Committee's packet is an ordinance revising City Code section 9.50.30 sub2 to effect this change. Staff recommends that the attached ordinance be reviewed by the City Attorney and that a public hearing on this ordinance be scheduled since amendments to Chapter 9 of City Code require a public hearing. Chairperson Elvig verified with City Engineer Jankowski that this ordinance relates to all new properties. Chairperson Elvig inquired whether there are any problems in the City with regards to people maintaining in the right-of-way. He noted most people mow and water up to the street. Public Works Supervisor Reimer replied in some of the rural areas the owners do not maintain up to the street. Councilmember Dehen questioned the purpose of the policy. He asked if the City has not been effective at informing the property owners when there is a problem being caused, and if there have been any problems where people are not willing to move things from the right-of-way. He pointed out at his house he had a lilac bush out by the road and it would move out slowly into the traffic. It was a safety issue so it was moved. He questioned if the City's methods are not good enough to state that something is a safety issue and needs to be moved. City Engineer Jankowski indicated the current ordinance was adopted in 2004 and since then he does not believe there have been any issues. He explained residents look at their landscaping and the City looks at the public safety. This ordinance would strengthen the City's position in that staff would not need to have the cooperation of the property owner to remove something because it is on City property. Councilmember Dehen asked how much resistance there has been where property owners will not cooperate. Public Works Supervisor Reimer replied there have been a couple of instances where the property owner would not cooperate. With this ordinance staff would have the right to remove what is necessary. Public Works Director Olson stated people are not restricted from landscaping in the right-of- way. This ordinance would allow staff to address safety concerns due to the sight distance, and would only apply to future properties. Public Works Committee / June 19,2007 Page 9 of 12