what you can see was discovered was a mounded area around the tree about 12-18
inches above the sidewalk and curb level, causing water to flow to the sides. That
does change what needs to happen. During my conversation with the owner, we had a
great conversation about what that will be. We all agree that 6 months are needed to
fix this and re-grade the boulevard to sidewalk and curb level. There are 4 inches of
frost in the soil right now, and what's already installed in the soil is not movable. This
updated language is in Legistar before you. I recommend that you grant to June 6,
2024 for compliance. This is with the understanding that the situation has expanded to
include needed re-grading, and with the understanding that this great group of people is
committed to a continued conversation about boulevard planting so that this can
continue to be a productive conversation moving forward.
Council President Brendmoen: Huge progress. Thank you for working with the
appellant and the community to get this resolved.
Moermond: Good people with their hearts in the right place and their hands backing
that up.
Councilmember Jalali: I received a lot of outreach about this, and I want to clarify the
process on this for those who are watching. Items like this are of a quasi-judicial
nature, and so I can't directly interact with the situation once it is appealed, because
that would violate ex-parte rules of communication. My staff can interact with it though,
and have been doing so to help the homeowner and the neighbors who consider it part
of their neighborhood character. The feelings here have been felt by my staff and I. It
also exposes how our ordinance just has very clear broad language about items in the
boulevard. This includes things like Little Free Libraries, which we have dealt with in
the past, or things that could interfere with taxpayer-funded public services like street
sweeping or snow plowing. This Council has expressed interest in a middle-ground to
allow things like public art and amenities like libraries and planters. I just want to
highlight the human side of this. A well-intentioned community member was faced with
a challenge, and the community asked for time and a dialogue about policy change. I
will move the recommendation of the Legislative Hearing Officer to give that time. I
know many volunteers have been supporting this physically taxing work. I am also
open to continued dialogue on this. I apologize for distress that has been caused, and
to appreciate the work of Moermond, my own staff, and the Hamline Midway Coalition.
Similar groups have reached out to help, and I believe we will get to a better place on
this. With those acknowledgements and appreciation for my constituents, I move
approval of Moermond's recommendation.
Brendmoen: Through the course of this issue, I learned about how our tree canopy can
be impacted by things sitting on the root network. I hadn't thought about that before.
We usually just think about plows and right-of-way access to pipes. Things weighing
down tree roots though can also cause problems. I support the motion.
Adopted as amended (granted to June 6, 2024 for compliance)
7 -
0
Yea:
Nay:
Councilmember Brendmoen, Councilmember Tolbert, Councilmember
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember
Yang and Councilmember Balenger
LEGISLATIVE HEARING CONSENT AGENDA
Items listed under the Consent Agenda will receive a combined public hearing and be
enacted by one motion with no separate discussion. Items may be removed from the
Consent Agenda for a separate public hearing and discussion if desired.