For the following item, the Legislative Hearing Officer’s recommendation is to
refer to Legislative Hearing to the dates listed:
Appeal of Bob Marley, Jr. to a Summary Abatement Order, Vehicle Abatement
Order, and Correction Notice at 1450 DALE STREET NORTH. (To refer back
to June 22, 2021 Legislative Hearing)
26
Refer to Legislative hearing on June 22.
7 -
0
Yea:
Nay:
Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,
Councilmember Noecker, Councilmember Prince, Councilmember Jalali
and Councilmember Yang
For the following item, the Legislative Hearing Officer’s recommendation is
contested and additional testimony from the appellant is in the record:
Making finding on the appealed nuisance abatement ordered for 2233
28
ENERGY PARK DRIVE in Council File RLH SAO 20-24. (continued from May
26)
Marcia Moermond, Legislative Hearing Officer, said this is a situation where they are
following up on a previous order issued and decided on. February 3, 2020, Summary
Abatement Order was issued to remove boulders from the public right of way. They
are in several locations. (She showed pictures.) They constitute a nuisance condition.
The Council heard this case in January of 2021. They went back and forth with it for a
while. The crux was the owner was arguing that the boulders did not constitute a
nuisance and were serving another purpose there. That becomes a discussion with
Public Works. The Council found it was a nuisance and the boulders should be
removed by May 1. Moermond followed up to see if they had been removed. They had
not been. The owners repeated the arguments: the importance of having them
present. Without them being allowed in the right-of-way, it is a nuisance. Her
recommendation is to authorize to remove them after June 30. To grant the month of
June to the owner to remove them.
Councilmember Jalali asked is there a reason for the boulders being there. Moermond
said the best resource is the owner’s own argument. Vehicles driving over the grass
that was planted in that area. The boulevard grass was being granted. She also heard
a bit about the layout of the road, that it was poorly done, Ramsey County’s Public
Works engineering was not good, and the layout was improved by the boulders in the
right-of-way. Public Works had a different opinion on that. There were arguments that
the owner believed the boulders presented safety for pedestrians, and people were less
likely to hit a pedestrian. Public Works analyzed those.
Jalali said this is a county road and there is a City right-of-way. Moermond said this is
a county road and the City right-of-way is between the curb and the sidewalk. The
owner is responsibility of the sidewalk and you do own it, but the City has a right to
have the public pass through it, power line through it. In this case, boulders can’t go in
it. This would be in the code that you couldn’t have in there.
Councilmember Thao said the ordinance is clear. Has someone asked if they need
help moving them? Moermond responded this is one of the largest property owners in
Saint Paul. They have the resources to handle this situation.