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