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ARDEN HILLS CITY COUNCIL WORK SESSION—DECEMBER 20, 2010 4 Councilmember Holden commented that the City went through a similar situation with the Dutch elm disease and oak wilt problems in the past and the history of how the City handled those situations should be reviewed. Mayor Harpstead agreed that the ordinance should be somewhat flexible for unusual circumstances. - City Planner Beekman pointed out that the City can go above and beyond the ordinance in extraordinary circumstances. Councilmember Holden agreed that the homeowner should have responsibility for maintenance in the ROW but thought there should be some grace period before the City changes its current practice and abdicates its responsibility. Public Works Director Maurer stated the City has historically taken responsibility for trees in the ROW. Mayor Harpstead added that there has always been money in the budget for this purpose. Councilmember Holmes asked if most residents believe that trees in the ROW are the City's responsibility. Public Works Director Maurer responded that more residents know that than don't. Generally the people who call expect the City to provide the service. Councilmember Holmes stated she doesn't believe the City should be responsible for the Emerald Ash Borer problems. She added that she would like to see the Emerald Ash Borer plan and this ordinance move forward together. Councilmember Holden commented that if there is a diseased tree on someone's property that then spreads to a tree on the right-of-way, the homeowner should be responsible. Discussion ensued regarding what should be allowed in the ROW. The consensus was that only vegetation should be allowed. Community Development Director Hutmacher questioned how situations in which retaining walls are constructed in the ROW to deal with grade issues should be handled. Public Works Director Maurer stated those areas would be treated as an exception. Mayor Harpstead asked about those instances when trees are removed due to a street improvement project. He questioned if the homeowners are charged an additional assessment for tree removal.