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ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — MARCH 11, 2024 11 G. City -Owned Land Encroachment Discussion Public Works Director/City Engineer Swearingen said staff would like direction on the encroachment agreement at 3274 Katie Lane, the proposed encroachment language, and what to do with existing encroachments. Councilmember Monson asked if they could focus on the encroachment agreement first. Councilmember Holden if they choose they're not going to have any more encroachment it's easier to make decisions on anyone who is already encroaching. Councilmember Monson agreed in theory, but they Council had already said they would move forward with an encroachment agreement. Councilmember Holden asked if the person or the property would be affected by the agreement. Community Development Director Jagoe said the agreement language says it is with the owners or their successors, so it would run with the property. It still needs to be discussed if the Council wants some of the trees removed, or if they could keep the whole row of trees, and the height requirement of the terms. Councilmember Monson was fine with the number of planting that were there. She felt the height was limited by Xcel. She didn't support adding "City Property" signage along the property line. Councilmember Fabel preferred removing a number of the trees. Councilmember Monson said this trail was riddled with encroachments, some of it permanent, like fences and fire pits. They've already agreed they won't let others encroach in the future. Councilmember Holden said he had done this before and the City made him take it out. But he still did it again, knowing he could maybe get away with it. She thought he didn't plant them to enhance the park because he wouldn't have put them toward his house. She felt keeping them to the height that Xcel would approve wouldn't enhance the park, it only builds a wall so he can extend his backyard. She agreed with Councilmember Fabel and they should be thinned. The trees will grow together and grow tall and extend his backyard. She thought they should be kept to a specific height and that there should be "City Property" signs. Mayor Grant agreed that the person knew he was doing something he shouldn't. Xcel allowed quite a bit of height, he thought five foot would be plenty. Councilmember Rousseau felt they could thin them out but wanted to let them grow. She thought "City Property" signs would become like nuisance signs if they put them on each of the properties there, so she wasn't in favor of that. Mayor Grant said there are currently 40 plantings, what would they thin them to? City Administrator Perrault asked if Council wanted to remove them as it would be difficult to make an exception for one person if they're not willing to entertain it for anybody else.