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1►�!®t_t--"ate , , <br />The following is the city code section pertaining to this matter: <br />City Code Section 720.06, Subd. 1 Defacement, Destruction of Property and <br />Resources. No person shall tamper with, injure, deface, destroy, disturb, damage or <br />remove any part of any system building, structure, sign, lightpole, drinking fountain, <br />hydrant, table, grill, equipment, statue, flower, tree, shrub, plant, turf, soil conditions, or <br />mineral resource, nor shall any person plant or cause to be planted any wild, cultivated <br />or exotic tree, shrub or plant except with the written permission of the director. <br />On November 4, 2022, city staff sent a letter to the Owners of 3274 Katie Lane requesting the <br />discontinued maintenance (i.e. mowing) of city property and removal of the plantings that <br />encroached on public park land. Given the seasonal constraints it was requested that corrective <br />action be taken in the spring of 2023. Mr. Bonine approached city staff in May with the attached <br />proposal (Attachment A). Based on the prior direction of the Council, city staff indicated to Mr. <br />Bonine that this project could not be administratively approved. This led to Mr. Bonine's <br />request to the City Council for further discussion on this topic. <br />In preparing this memo it was confirmed with the Public Works Director that to his knowledge <br />there have not been instances of written permission being granted to a resident to add plantings <br />as part of their private landscape (i.e. Owner maintained) on park property. Staff did confirm for <br />the stretch of houses along Katie Lane (abutting park property) that there were three households <br />issued a building/zoning permit for a fence since 1989. One site plan showed the fence <br />extending 20 feet beyond the rear property line with the location identified as within an Xcel <br />easement. Staff was unable to locate a corresponding site plan for the other two fence permits. <br />To date, encroachments on park property have been complaint driven like our standard <br />procedures for code enforcement action. <br />Discussion <br />Staff is looking for direction from the City Council on handling of City -owned land <br />encroachments. <br />Budget Impact <br />N/A <br />Attachments <br />Attachment A — Resident Letter <br />Attachment B — City Informational Notice <br />Page 2 of 2 <br />