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-iZEN HILLS MEMORANDUM DATE: December 20, 2010 TO: Honorable Mayor and City Councilmembers FROM: Michelle Olson, Parks and Recreation Manager Meagan Beekman, City Planner SUBJECT: Right of Way Discussion Background City Staff have begun discussions on revising City Code regarding Right of Way (ROW). Unfortunately, the ROW details within the City Code are vague and unclear, causing confusion. Questions about what should be allowed in the ROW, who is responsible for damage to items placed in the ROW or responsibility of maintenance of trees and vegetation in the ROW have brought this issue to the forefront. City Staff have begun working on an Emerald Ash Borer (EAB) management plan as part of the City's preparation for the arrival of the beetle. EAB is an invasive non-native borer beetle that attacks and ultimately destroys a variety of types of ash trees. EAB was found last year in trees located within ten miles of Arden Hills. As part of this process, City Staff completed an inventory of all ash trees located within maintained areas of City parks in the summer of 2010. City staff also budgeted in 2011 for an inventory of trees in the Right of Way (ROW) to be completed. The goal of the inventory is to better understand the number of trees the City is responsible for to better prepare for the ultimate possibility of losing all of the City's ash tree stock. Questions about the City's role in maintaining trees located in the ROW, otherwise known as boulevard trees, have been coming up for the past several years. The Public Works Department handles identifying dead, diseased, and damaged trees in the City that need to be removed. The City's regulations pertaining to trees and vegetation planted in the ROW are in Section 710 of the City Code (Attachment A). This section of the Code states that the planter of trees and vegetation in the ROW is responsible for the ongoing maintenance and care of that tree or plant. The section also outlines the process through which a resident would receive a permit to plant a tree in the ROW. Unfortunately, there is not a consistent historic record of permits pulled for the planting of boulevard trees, many of which were planted by the original subdivider of a City of Arden Hills December 20, 2010, City Council Work Session IlMetro-inet.uslardenhillslPR&PWParkslMemoslCouncil MemosU2-20-10-CC Worksession-Memo-ROW Discussion.doc Page 1 of 3