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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, tun`, 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 a proposal <br />to allow for plantings on city park property. Based on the prior direction of the Council, city <br />staff indicated to Mr. Bonine that this project could not be administratively approved. This led to <br />Mr. Bonine's request to the City Council for further discussion on this topic. <br />At the September 18, 2023 Work Session (minutes are Attachment C) Council gave direction to <br />staff to develop draft ordinance language for future City -owned property encroachments and <br />develop a draft agreement related to 3274 Katie Lane. <br />Attachment A, is the draft ordinance change. Staff requests direction on the proposed ordinance <br />change and will begin revisions accordingly. <br />Attachment B, is the draft Encroachment Agreement with the 3274 Katie Ln property. Staff is <br />requesting Council review the document and provide comments and directions, specifically on: <br />• Limiting the number of plantings. Currently it appears there are 40 plantings, in previous <br />discussion there was mention of removing every other planting. <br />• Limiting the height of each planting. <br />• Additional requirements? <br />City Council may also decide to deny the proposed encroachment at 3274 Katie Ln. <br />Budget Impact <br />N/A <br />Attachments <br />Attachment A — Draft ordinance change <br />Attachment B — Draft Encroachment Agreement <br />Attachment C — September 18, 2023 Work Session meeting minutes <br />Page 2 of 2 <br />