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'~~~ The Town Council sign previously approved Ordinance #10, Storm water Fee Schedule, and Ordinance #10B, Storm water Ordinance. Next the Town Council discussed a letter from Mr. Stegman, Roberson Woods Association, concerning trees planted in their planting strips. The homeowners planted the trees in our right of way without permission. Naw the trees have matured and the limbs extend well into the streets and over sidewalks, and several have grown around streetlights obscuring any illumination. And some sidewalk sections require work. The Association wants to know if the Town has any responsibility, assumed or documented, relative to trimming tree limbs either in streets, over sidewalks, or both and if the Town has same regarding sidewalks. If the Town does not have the responsibility, they request the Town's recommendations as to how they should proceed in dealing with problems located on property (easements) that homeowners legally do not own. Attorney Currens said the council could tell them the Town could take responsibility for the tree trimming or say you didn't have permission to do it or we could have them removed. Councilman Bryant said we don't have a current ordinance dealing with trees. They have too many trees. They are 15 feet apart instead of 30 feet and need to be trimmed. Councilman Bryant said he thought they ought to put it back to them to trim up the lower limbs and he wasn't sure what Mr. Stegman meant concerning the sidewalk repairs because he has walked every sidewalk in the addition and there couldn't be any more than a slight elevation change between the flags. He wouldn't want to go in there in tear all the trees out. Council President Worthen said he had been asked to attend the Homeowner's Association meeting an Thursday night and would like a consensus of the council to take to the meeting. Councilman Shields said there was the same problem in Roberson Village and .asked if there was an ordinance concerning trees and visibility of traffic. Attorney Currens said we did have an ordinance about trees obstructing traffic visibility. You may want to address by ordinance the type of tree to be planted and some request before it is planted as to area so as not to obstruct traffic, and even how far apart to plant the trees. Councilman Bryant said he would like to have this type of ordinance and maybe give them five types" of trees they could plant, the spacing (depending on size of lot), or number of feet between them. Councilman Bryant said he thought the Association should take care of the problem they created or the alternative is the Town remove a portion of the trees. He said the Town does bear some of the responsibility if the trees are causing a problem with the sidewalks or traffic. The Town does have the right to remove them. Councilman Shields said he would like to be able to identify if this is a problem the Association has not been able to agree on. If this is an action between a few homeowners, then the Association needs to deal with this first. Attorney Currens said maybe what both Councilmen were saying is these folks chose to plant on the Town's property and then if they want the Town to maintain them, they may not be maintained in a way in which they find desirable. Consensus: Find out first if this is a problem the Association hasn't been able to solve and if it the Tawn can come in and trim them and remove them because our goal is to keep the beauty the trees provide yet we don't want them to be a continual maintenance problem year after year. Councilman Shields added he wants to make sure that the Town is not inviting themselves to maintain everyone's landscaping they plant on Town property. They ought to be encouraged to take care of the trees themselves. This discussion led to the Downtown trees. Councilman Bryant said the trees were planted to help enhance the Downtown business area and to add charm and character. They sought the advice of an arborist from Purdue University, but the trees have not been maintained regularly. Some of the businesses have expressed their concern the trees block their signage and storefronts. Councilman Bryant thinks the trees are the Town's responsibility and not the Revitalization Committee. This situation is different than Roberson Woods because the Town gave the Revitalization Committee permission to plant the trees and the Town did not give Roberson Woods permission to plant their trees. Town attorney Tim Currens said the planting of the trees downtown was part of an overall Downtown Beautification Plan. Council President Worthen asked if the Town should look at removing these trees and replacing with a tree that is not going to grow as big as these trees have grown. Councilman Bryant said this is probably the wise choice