OTTUMWA —
Residents could soon be prohibited from planting trees or shrubbery between the sidewalk and the curb, the city right-of-way, on their property.
At next week’s City Council work session, the council will discuss a proposed ordinance that would amend Chapter 34 of the city code regarding trees, shrubs and vegetation.
The amendment would prohibit a private property owner from planting any tree or shrubbery in the city right-of-way.
Ottumwa Parks Director Gene Rathje said it wasn’t any one person who decided on the amendment, but “several staff members put their heads together to try to come up with a solution to the situation with what’s going on with tree removal and the sewer project.”
“We’re trying to cut back on the number of trees in the city right-of-way for future sewer projects,” Rathje said.
Currently, city code allows property owners to plant grass, shrubs and trees in the right-of-way.
“It’s been discouraged for quite awhile, but it’s been allowed,” Rathje said.
But the code states:
“The right is reserved to the city, at any time, to use the same for street or sidewalk purposes, and to remove all trees or other things growing thereon ... if the city shall deem it advisable to do so in order to construct buried utilities, sidewalks or street improvements thereon.”
Trees already in the right-of-way will be grandfathered in, unless they need to be removed according to city code. No further trees or shrubbery would be allowed to be planted in the right-of-way.
The Parks Department is also working on a tree replacement program within the city. Residents would have access to the trees to plant outside the right-of-way on their property.
“I’m working on something with Alliant Energy that I’ll propose to the City Council on Monday,” Rathje said.
Ottumwa Mayor Frank Flanders said funding for the tree replacement program would come from private contributions and state and federal grants, not from the taxpayers.
“This will not affect the sewer project directly because this will go in after the sewer project goes through a neighborhood,” Flanders said. “It will not affect speed [of the project] or sewer rates. It wouldn’t add a dime to the sewer project. It won’t come from city tax dollars.”
On a very limited basis, the Parks Department could give written consent to plant in the right-of-way. This discretion would be beneficial for the downtown area, staff said, and those areas where the right-of-way is extensive.
“In some instances where there is no sidewalk, we have to determine how many feet back from the curb is the right-of-way, which varies on every street,” Rathje said.
The council will also take action on a motion to postpone the Urban Forestation Program resolution indefinitely. The resolution had been tabled at the July 17 city council meeting.
The resolution was originally proposed by Flanders in response to residents of Chester Avenue expressing concern over their trees being removed due to the sewer separation project.
The resolution is being postponed, Flanders said, because it can’t be left “on the table.”
“In lieu of that resolution, we’ll discuss [the ordinance mentioned above],” Flanders said. “The additional portion of that ordinance will address what the resolution would have, but it will be stronger because it will be an ordinance.”
Flanders said he believes a majority of the council will be on board for the ordinance.
“I think it will be resolved in a manner the public is happy with,” he said. “What I’ve heard directly, added to the fact of what I’ve heard council and staff say, is the public thinks it’s long overdue that we do something about the pre-existing ‘scorched earth policy’ of not having any program in place to replace trees being lost.”
The council will also discuss trail signage for Spoke Folks and the special election on the 1 percent Local Option Sales Tax (LOST).
The council will meet at 5 p.m. Monday in council chambers at City Hall. The meeting will air live on GO-TV, cable channel 6.
Local News
August 11, 2012
Solving the tree removal problem
In the future, trees could be banned from right-of-way
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