Minutes - Council - 07/10/2007 - Laserfiche WebLink

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big tree or shrub on the comer. The other part of the discussion was that this is only for new subdivisions. Mayor Gamec suggested including a description with the property so that when it is sold people know they cannot plant there. Public Works Director Olson explained the triangle would be in the right-of-way. At every street right-of-way there is a distance that people maintain and mow, and put in sprinkler systems. Councilmember Dehen stated part of the discussion was whether this new ordinance is needed in light of the fact that they have an ordinance from 2004 that created those restrictions. He has concerns whether this particular ordinance is necessary. The City has the right to come onto property now, regardless of whether it is on private property, and take down trees that are potentially a sight hazard or any type of hazard. He requested information on what this ordinance does in addition to the existing ordinance. Public Works Director Olson stated this ordinance will allow for the enforcement to not end up in court. Private property has certain rights, and there are situations where property owners say their house was in existence and their landscaping was done way before the 2004 ordinance was created. That does not necessarily say this new ordinance will change that, but in the future all new right-of-way will have a 20 foot triangle, so when there is an issue with a safety hazard it is clear cut with no questions as to whether the City has the right to modify and ask for modifications to landscaping such as trees or bushes growing up too high. This ordinance makes the City's ability to enforce the issue a lot stronger. Councilmember Dehen asked if there have been cases where residents have not complied with the City's requests when they have addressed these types of concerns. Public Works Director Olson replied there have been problems in the range of 10 to 20 over the last few years. Councilmember Olson commented there is a lot of interest on comer lots to put up a vegetative wall to screen things like headlights. She was not a big proponent of this, and kind of fought against the recommendation. But it is for new areas and she is starting to feel better about it, and they have had problems enforcing this in the past. If it is a hazard today it has to be taken down as quickly as possible, and they have no remedy for that. Motion by Councilmember Elvig, seconded by Councilmember Olson, to ratify the recommendation of the Public Works Committee in Case No.5 and that the attached ordinance requiring dedication of the vision triangle in City right-of-way be reviewed by the City Attorney, and that a public hearing is scheduled on this ordinance. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Olson, Dehen, Jeffrey, Look, and Strommen. Voting No: None. City Council / July 10,2007 Page 21 of24