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03-11-24-SWS
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03-11-24-SWS
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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 />At the February 12, 2024 Special Work Session, Council resumed discussion and the following <br />direction was given to staff. <br />• Edit the existing 720.06, Subd. 1 code language to remove the list of items and revise it to <br />something all -encompassing. The City Attorney provided draft language in Attachment <br />A, staff requests review and direction of the proposed language. <br />• Adjust/minimize the encroachment area to include the plantings but not beyond. <br />Other items that need discussion and direction: <br />How to handle existing encroachments? Are they "grandfathered in" or do they require <br />encroachment agreements? <br />Allow for future encroachment agreements? Please note, it is recommended by the City <br />Attorney to not prohibit encroachment agreements. <br />Page 2 of 3 <br />
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