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02-12-24-SWS
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ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 3 <br />specific agreement in place to say that they wouldn't claim adverse possession, and that at any <br />point in time the City could say to remove the items. He didn't see a reason to force Mr. Bonine <br />to take the trees out now, but he could be told to in the future if it became a problem for the City. <br />Mayor Grant asked if they will be putting a new watermain through this area. <br />Public Works Director/City Engineer Swearingen said this area is south of where the new <br />force main would be located. <br />Mayor Grant added that by adding something such as a fence you are demonstrating use which <br />becomes adverse possession. He said it could be argued that the arborvitaes are a vegetative <br />fence. He was troubled by this much vegetation and thought they should have some sort of written <br />agreement. <br />Councilmember Holden wondered what the City's liability would be if someone were to get hurt <br />on the section of property that he has extended his yard into. <br />City Administrator Perrault said that according to the city attorney's previous answers to <br />similar questions, if the City is intentionally negligent it would be liable, but it is typically the <br />generator of the activity that is liable. <br />Councilmember Monson thought they should consider a broader agreement for everyone on the <br />trail that has encroachments to deal with adverse possession, liability, and additional costs for <br />removal if they don't remove it themselves. She appreciated how well that part of the trail is <br />maintained by the residents. She felt they should have a policy of what residents could have along <br />trails and in what areas. The question would be where do they draw the line. <br />Mr. Bonine also thought the trail area looks good. He said when they moved into the property it <br />was full of buckthorn and invasive species. They looked at what they had done as a positive. He <br />thought the Blue Thumb Initiative might be a good guide for some of what they're talking about <br />being acceptable. <br />Mayor Grant asked if the Council wanted the City Attorney to work the Community <br />Development Department to draw up something legal for this project as well as update City Code <br />to be more explicit. <br />Councilmember Monson said she would support that. <br />Councilmember Holden wondered how far they would let people encroach on City property. <br />Councilmember Rousseau said her concern was that if they ask Mr. Bonine to move his trees <br />they should probably be talking to other people to move their encroachments as well. She liked <br />the suggestion of outlining what is acceptable. <br />Mayor Grant said this was clearly one of the larger encroachments that he has seen. <br />Councilmember Monson said because of the timing of when it went in she doesn't like it either, <br />but because of the other things that have happened along the trail and there hasn't been a hard <br />
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