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ARDEN HILLS REGULAR CITY COUNCIL MEETNG—OCTOBER 10, 2011 3 City Planner Beekman explained that at their December 20, 2010 Work Session, the Council directed Staff to produce a right-of-way (ROW) ordinance that addresses the rights and responsibilities of residents, as well as the City, in the maintenance of the boulevards that separate roadways and adjacent properties. City Planner Beekman stated that the current ROW ordinance is in Chapter 3 and does not specify regulations for the maintenance of the ROW by adjacent property owners. Chapter 7 includes some regulations pertaining to the planting of trees in the ROW, but details are vague causing confusion. Chapter 7 also outlines a permitting process for homeowners to plant trees in the ROW; however, this process is largely not followed by property owners. City Planner Beekman further explained that at the July 18, 2011, Council Work Session, staff presented a draft of a new section of Chapter 3 that would address the concerns raised at the December meeting. Council discussed the ordinance, suggested revisions, and directed Staff to bring the item back to a regular Council meeting. City Planner Beekman stated that Councilmember Holmes had contacted her to review the ordinance amendments presented to Council in the packet for tonight's meeting. Based on that discussion, changes in the recommended revisions to the ROW Maintenance Ordinance are: • 360.30 Subd. 1 —amend last line to read: also called a"boulevard" (Page 3-11) • 360.30 Subd. 3.0 and 3.1) — amend "right-of-way adjacent to their property" to read: "boulevard between their property and the improved portion of the right-of-way" (Pages 3- • 13 and 3-14). City Planner Beekman stated the staff s recommendation is for a motion to Approve Ordinance 2011-009, amending the City's Maintenance of the Right-of-Way Ordinance as presented in the October 10, 2011, report to the City Council, as amended by the Staff presentation. And a motion to Approve Publication of a Summary of Ordinance 2011-009. Councilmember Holmes explained that she spoke with City Planner Beekman in an effort to "tighten up" some of the terms for consistency. Councilmember Holden asked what impact this has on residents. City Planner Beekman responded that all boulevard trees will be the responsibility of the adjacent property owners. This ordinance amendment clarifies who is responsible for boulevard trees and other items in the right-of-way. Councilmember Holden asked who will be responsible for the diseased trees previously identified by the City. Parks and Recreation Manager Olson responded that those trees have already been removed from the right-of-way. MOTION: Councilmember Holden moved and Councilmember Holmes seconded the motion to Approve Ordinance 2011-009, amending the City's Maintenance of