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EN HILLS <br />MEMORANDUM <br />DATE: July 18, 2011 <br />TO: Honorable Mayor and City Councilmembers <br />Patrick Klaers, City Administrator <br />FROM: Meagan Beekman, City Planner <br />Michelle Olson, Parks and Recreation Manager <br />SUBJECT: ROW Maintenance Discussion <br />Background <br />Staff has been working on revisions to the City Code regarding Right of Way (ROV) based <br />on a discussion with the City Council at their work session on December 20, 2010. The <br />current ROW Ordinance is located in Chapter 3 and details regulations and permitting <br />procedures for utility companies and others that do work within the ROW. <br />The current ROW Ordinance in Chapter 3 does not specify regulations for the maintenance <br />of the ROW by adjacent property owners. Chapter 7, which details regulations for trees <br />and vegetation, does include some regulations pertaining to the planting of trees in the <br />ROW, but the details are vague and unclear, causing confusion. In addition, Chapter 7 <br />outlines a permitting process for homeowners to plant trees in the ROW; however, this <br />process is largely not followed by property owners, since most do not seek out permits <br />prior to planting materials in the ROW. <br />Questions about the City's role in maintaining trees located in the ROW, otherwise known <br />as boulevard trees, have been coming up for the past several years. The Public Works <br />Department handles identifying dead, diseased, and damaged trees in the City that need to <br />be removed. Presently, when there is question about who planted a tree, the City takes the <br />responsibility of removing it when necessary. <br />The City Code does not address definitively who is responsible for boulevard trees when a <br />permit for the planting of the tree was not issued, even when it is unlikely that the City <br />planted the tree. Additionally, the Code is silent on what other types of landscaping <br />materials (i.e.; retaining walls, planters, boulders, plant materials, irrigation systems) are <br />allowed in the ROW or not. According to the City Attorney, it is within a City's rights to <br />require items located within the boulevard between the edge of the road and a resident's <br />property line to be the responsibility of that property owner. <br />July 18, 2011, City Council Work Session <br />IIMetro -inet. usl ardenhills \Planning \Planning CasesI2011 I11 -018 - ROW Management Ordinance <br />(Pending)I07-18-11 - CC Work Session - Memo. doc <br />