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ARDEN HILLS CITY COUNCIL WORK SESSION—DECEMBER 20, 2010 2 created questions about what should be allowed in the right-of-way, who is responsible for damage to items in the right-of-way, and who is responsible for maintenance of trees and vegetation in the right-of-way (ROW). She explained that on most properties there is a ten to fifteen foot ROW. Questions about the City's role in maintaining trees in the ROW have been coming up for the past several years. Currently our Public Works Department handles identifying dead, diseased, and damaged trees that need to be removed. The City's regulations pertaining to trees and vegetation in the ROW are found in Section 710 of the City Code. This section states that the planter of trees and vegetation in the ROW is responsible for the ongoing maintenance and care. This section also outlines the process through which a resident would receive a permit to plant a tree in the ROW. Unfortunately, there has not been a consistent historic record of permits being pulled under this section. The current practice is, when there is a question about who planted a tree, the City takes the responsibility of removing it when necessary. City Planner Beckman further explained that the City Code is silent on what other types of landscaping materials (such as retaining walls, planters, boulders, plant materials, irrigation systems) are allowed in the ROW. The City's snow plowing/snow removal policy does address some of these items but the Code does not broadly address this issue. According to our City Attorney, it is within a City's rights to require items located within the ROW between the edge of the road and a resident's property line to be the responsibility of that property owner. City Planner Beckman also referred to the Emerald Ash Borer (EAB) management plan that Staff has begun working on. An inventory of all ash trees located within maintained areas of City parks was completed in the summer of 2010. Staff budgeted in 2011 for an inventory of trees in the ROW to prepare for the ultimate possibility of losing all of the City's ash tree stock. City Planner Beekman stated that Staff believes it is necessary to clarify within the Code which parties are responsible for maintaining boulevard trees and vegetation and, most importantly, who is responsible for their removal in the event of damage or disease. A better understanding of this is necessary before the City can create an EAB management plan. Staff would like to begin working on proposed changes to the Code regarding ROW and would appreciate Council _ direction on the following as they pertain to the ROW: 1. Who is responsible for dead, damaged, or diseased trees/vegetation in the ROW? 2. Should residents be allowed to plant/place things in the ROW adjacent to their homes? If so, should a permit be required to do so? 3. What items, if any, should be allowed to be planted or placed in the ROW by residents? a. Retaining walls, fences, vegetation, landscaping materials, rocks, irrigation systems, trees 4. What responsibility or authority should the City have for items placed or planted in the ROW? For example, should the City be able to prune or remove vegetation that impedes a safe travel area in the ROW? 5. As a policy, should the City ever plant trees in the ROW? Should the City ever require trees to be planted in the ROW for development projects or subdivisions? Public Works Director Terry Maurer explained that there is generally twelve to fifteen feet of ROW adjacent to the roadway, and it is typically grass or other plant materials that is maintained by the property owner.