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ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 4 Mr. Bonine responded that he had planted over 30. He went forward with the project because of ongoing communication he had with City officials and the letter of approval he received from Xcel Energy in 2019. Councilmember Fabel explained his concern of adverse possession; that someone using your land over a period of time establishes rights to continue to do so. That can be avoided by having a specific agreement in place to say that they wouldn't claim adverse possession, and that at any point in time the City could say to remove the items. He didn't see a reason to force Mr. Bonine to take the trees out now, but he could be told to in the future if it became a problem for the City. Mayor Grant asked if they will be putting a new watermain through this area. Public Works Director/City Engineer Swearingen said this area is south of where the new force main would be located. Mayor Grant added that by adding something such as a fence you are demonstrating use which becomes adverse possession. He said it could be argued that the arborvitaes are a vegetative fence. He was troubled by this much vegetation and thought they should have some sort of written agreement. Councilmember Holden wondered what the City's liability would be if someone were to get hurt on the section of property that he has extended his yard into. City Administrator Perrault said that according to the city attorney's previous answers to similar questions, if the City is intentionally negligent it would be liable, but it is typically the generator of the activity that is liable. Councilmember Monson thought they should consider a broader agreement for everyone on the trail that has encroachments to deal with adverse possession, liability, and additional costs for removal if they don't remove it themselves. She appreciated how well that part of the trail is maintained by the residents. She felt they should have a policy of what residents could have along trails and in what areas. The question would be where do they draw the line. Mr. Bonine also thought the trail area looks good. He said when they moved into the property it was full of buckthorn and invasive species. They looked at what they had done as a positive. He thought the Blue Thumb Initiative might be a good guide for some of what they're talking about being acceptable. Mayor Grant asked if the Council wanted the City Attorney to work the Community Development Department to draw up something legal for this project as well as update City Code to be more explicit. Councilmember Monson said she would support that. Councilmember Holden wondered how far they would let people encroach on City property.