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neighborhood. Presently, when there is question about who planted a tree, the City takes the responsibility of removing it when necessary. The City Code does not address definitively who is responsible for boulevard trees when a permit for the planting of the tree was not issued, even when it is unlikely that the City planted the tree. Additionally, the Code is silent on what other types of landscaping materials (i.e.; retaining walls, planters, boulders, plant materials, irrigation systems) are allowed in the ROW or not. The City does have a Snow Plowing, Snow Removal, Ice Control Policy (Attachment B) that addresses some of these items as they pertain to snow plowing, but the Code does not broadly address this issue. According to the City Attorney (Attachment C), it is within a City's rights to require items located within the boulevard between the edge of the road and a resident's property line to be the responsibility of that property owner. Various communities approach this issue differently; some place the responsibility of maintaining boulevard trees with residents, others choose to maintain all trees in the ROW themselves. For example, the City of Minnetonka requires property owners to maintain and be responsible for boulevard trees; however,they have certain requirements about what is allowed to be planted or placed in the ROW. Additionally, they retain the authority to prune or remove vegetation within six feet from the back of the curb and 14 feet above the street for safety purposes. The City of Shoreview, on the other hand, currently maintains responsibility for all trees in their ROW. City Staff believe that 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 question is necessary before the City can create an EAB management plan. It is likely that the coming years will bring the need for widespread removal of the City's ash tree stock, and proper management of City resources requires a clear understanding early on of the City's responsibility when it comes to their removal and possible replacement of trees. Discussion City Staff would like to begin working on proposed changes to the City Code regarding ROW. Staff requests City Council direction on the following questions/issues as they pertain to the ROW in order for us to begin this process: 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? Retaining walls, fences, vegetation, landscaping materials, rocks, irrigation systems, trees City of Arden Hills December 20, 2010, City Council Work Session llMetro-inet.uslardenhillslPR&PKParksWemoslCouncil Memosll2-20-10-CC Worksession-Memo-ROW Discussion.doc Page 2 of 3