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ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — MARCH 11, 2024 12 Mayor Grant thought this could be looked at as a vegetative fence, and fences have permanency in placement in law. Councilmember Monson didn't know why they were singling out this one landowner, she would like to move forward with what he has and talk about the policy. Councilmember Holden would like the trees removed, that was what was done in the past and he chose to replant them. There is a tree planted every three feet, which means they weren't planting to enhance the park, they were planting to create a fence and expand their back yard. Community Development Director Jagoe said in the letter sent in 2019 to approximately 20 property owners, one of the remedies was to remove trees and vegetation from public land and noted that it was strictly prohibited. That was one of three notices that were sent to this address. Councilmember Rousseau asked if they told him to remove the trees would they go back to all of the other houses and tell them to remove their encroachments? City Administrator Perrault said they would follow similar steps as this case if they had a complaint. His guess was that if they tell him to remove the trees, someone will walk the trail and let the City know about other violations. Councilmember Rousseau preferred that he take out about half the trees and they come to some other type of agreement with the other property owners. She thought they should tighten up what they haven't done in the past but maybe not treat this issue and future issues in the same way. Councilmember Holden said there are other issues by Cummings and Perry parks, fire pits shouldn't be on City property. Community Development Director Jagoe explained there was one notice that went to all property owners along the trail that said the things they allow or do not allow on City property. There was a second notice sent to this property owner based on a complaint to remove a fence. The trees were put up and a third letter was sent telling him to remove the trees because he wasn't allowed to plant on park property. Councilmember Holden said it was a six-foot fence so he's just replacing it with vegetation. Councilmember Monson there are people with more permanent issues on this trail. She didn't want to spend the time to run down this landowner and then going to every landowner on the trail. She felt they should decide what to do with this landowner and draw a line with a policy going forward. It will be difficult to treat the past and the future equally. She thought they should just snap the line and move on. Councilmember Holden said they've made other people move fences when they encroached in the past. Councilmember Fabel thought if they had a red line, the City could say no, you can't encroach on City property, get it off of there or we'll do it for you and charge you. That would be a clear policy that staff would have no difficulty enforcing.