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Council eyes policy shift on private items in public right-of-way, plans 2026 start and outreach

2822532 · February 18, 2025
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Summary

City staff asked Minnetrista City Council for direction to enforce the city's ordinance prohibiting private improvements in the public right-of-way, and recommended starting enforcement tied to reconstruction projects in 2026.

City staff asked the Minnetrista City Council for direction on enforcing the ordinance that prohibits private items in the public right-of-way, and suggested beginning active enforcement tied to the 2026 reconstruction cycle.

Staff described recurring delays and added costs during recent reconstruction projects when irrigation systems, invisible pet fences and other private improvements were located in the right-of-way. Staff said the city sometimes performs or pays for interim repairs to keep projects moving, then disputes bills submitted by homeowners or contractors after the fact.

Under the staff proposal, property owners would be responsible for removing or relocating private improvements in the right-of-way prior to reconstruction work. Staff recommended a start date in 2026 to allow time for outreach and to avoid disrupting projects already scheduled for 2025. Councilmembers supported a phased approach: public notice, website and social-media outreach, and incorporation of the requirement into building-permit communications so new builders do not install features in the right-of-way.

Council members noted the common public misunderstanding about where the right-of-way line falls and asked staff to include clear guidance and to continue replacing trees where residents request them. Staff said they take pre-construction photos and document conditions but that not enforcing the rule imposes extra administrative and construction-management costs. No formal ordinance change was adopted; council gave direction to begin the communication and to implement enforcement tied to the 2026 reconstruction program.

Staff will notify residents and builders of the policy, add guidance to permit and outreach materials and coordinate neighborhood meetings for projects to explain rights and responsibilities.