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02-12-24-SWS
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ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 4 <br />policy from the City it would be beneficial to try to figure out what they can tell people they can <br />do. To just pick one person based on a complaint felt dangerous because what do they do with all <br />the other people that have encroached? <br />Mayor Grant said with all of the aerial photos that are available nowadays you can pretty much <br />prove when something went in. <br />Councilmember Holden verified that Mr. Bonine had received the letter the City sent to residents <br />in the area regarding encroachment before he planted his trees. She thought they should post <br />signs saying it was City property and people would be allowed to use it. <br />Mayor Grant restated that they want firmer ordinances strictly enforced and a legal agreement <br />with this property. He asked if they were permitting the arborvitaes to live pending a legal <br />agreement with the landowner. <br />Councilmember Holden suggested a height limit for the arborvitaes. <br />Mayor Grant said they could work out the details of a legal agreement at a future meeting. <br />Councilmember Monson explained how she thought PTRC might be able to contribute to the <br />discussion. <br />Councilmember Rousseau thought members of PTRC might recommend native species where <br />other people might look at them as being unkept or wild versus planting a rosebush. <br />Councilmember Fabel felt they should solve the current issue with an agreement that says if they <br />want to they can require them to keep the arborvitae at a certain height, take them out or take out <br />every other one so there is no prescriptive right obtained by the encroacher but also shows the City <br />is willing to be reasonable. <br />Mayor Grant asked Council if they'd like hard-line or soft -line language in future language, three <br />Councilmembers and the Mayor agreed to hard-line. <br />City Administrator Perrault said if they're taking a hard-line policy are they allowing additional <br />flexibility such as allowing native plants? Right now, the policy is clear that nothing is allowed <br />with the exception of permission by the Public Works Director. <br />Councilmember Monson felt mowing or buckthorn removal could be reasonable and still have a <br />hard-line. <br />Mayor Grant would like to make the ordinance clearer so there would be fewer questions about <br />what is encroachment. He thought in this particular case by putting up a row of arborvitaes and <br />mowing the other side of it, adverse possession could be argued. He asked what direction they <br />would like to give the attorney in this case. <br />Councilmember Fabel said the agreement should make it very clear that they are visitors on City <br />property and we have the authority to place further conditions on the property. <br />
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