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ARDEN HILLS CITY COUNCIL WORK SESSION—DECEMBER 20, 2010 3 City Planner Beekman explained that currently when there is a diseased tree in the ROW, the City takes care of it. Mayor Harpstead stated that the City could require the property owner to be responsible for trees - in the ROW. Councilmember Holden suggested that one option would be that if someone registers their tree in the ROW, it would be the City's responsibility. Councilmember Holmes commented that the ROW is a City easement where a property owner plants or constructs at their own risk and any problem is the homeowner's problem. Councilmember McClung stated the underlying issue is who owns the property. City PIanner Beekman stated the City Attorney has referred to the ROW as a sort of "super - easement" but the property owner owns it. Most cities require homeowners to maintain the ROW. Because this issue is vague in our Code, the City tends to pay for problems in the ROW. - Councilmember McClung commented that we need to be clear about whatever we choose to do. He believes that whatever is in the ROW should be maintained by the property owner and diseased trees should be the responsibility of the homeowner. Councilmember Holden questioned if we allow fences and retaining walls in the ROW. City Planner Beekman responded that our Code doesn't allow for fences but we don't prohibit retaining walls or other landscaping features. However, the homeowner would be placing those items in the ROW at their own risk with the City retaining the right to remove those items if necessary at the homeowner's expense. Public Works Director Maurer stated that fences create a problem for snow removal. He believed that homeowners should keep fences out of the ROW. City Planner Beckman added that the City does want homeowners to maintain and improve their front yards. Mayor Harpstead stated the City's objective should be clear. Improvements are wanted but if they're on the ROW, it will be at the homeowner's risk; if something happens, the homeowner should not expect the City to take care of the problem. This should be a community-wide policy. Councilmember Holden did not agree with the Mayor's statement. Councilmember McClung was concerned that if the City takes the position suggested by the Mayor and then proceeds with cutting down all the ash trees, would the homeowners be expected to pay for tree removal? He also stated that whatever decision the Council makes should not pre- suppose extraordinary situations. City Planner Beekman stated that the Emerald Ash Borer plan is a separate issue.