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ARDEN HILLS CITY COUNCIL WORK SESSION – AUGUST 17, 2015 4 Mayor Grant agreed with Councilmember Holmes and explained that the safety of the Brownstone residents must be considered first and foremost. Public Works Director Maurer reported that he would work with Presbyterian Homes and the LJFD to resolve this issue. C. Public Works  Farnsworth Encroachment Agreement Public Works Director Maurer discussed the Farnsworth Encroachment Agreement with the Council. He noted that Mr. Farnsworth was building a new home at 1487 Lametti Lane. The home has access to the lake and the City has an existing sanitary sewer line that runs across the Farnsworth property in this area. He explained that Mr. Farnsworth would like to do some landscaping that would fall within the existing utility easement. He noted that staff and the City Attorney have been working with Mr. Farnsworth to draft an acceptable encroachment agreement. He discussed the agreement with the Council and requested direction on how to proceed. Mayor Grant understood that Mr. Farnsworth was requesting to landscape the easement area. Mr. Farnsworth reported that this was the case. Mayor Grant explained that if the City ever had to excavate the area within the easement, Mr. Farnsworth would be responsible for replacing any landscaping material that would have to be removed. Public Works Director Maurer stated that this was the understanding with the exception of the boulder wall, which would be replaced as it was found prior to any excavation work that may be necessary in the future. Mayor Grant asked if the encroachment agreement would be tied to the homeowner or be tied to the land. Councilmember Holmes asked if the applicant needed to receive approval from the DNR. Public Works Director Maurer stated that the City was only granting an encroachment agreement over the City’s easement. It was noted that the applicant would be responsible for pursuing any other necessary permits for the proposed landscaping. Councilmember Holmes recommended that all references to the Farnsworth’s be removed from the encroachment agreement in order to ensure that the agreement was tied to the parcel and not the property owners. Councilmember Holmes suggested that the language regarding the Farnsworth’s satisfaction with the wall’s appearance be removed from the encroachment agreement.