HomeMy WebLinkAboutFinding of Fact - Findings of Fact Graffiti Railroad Abutments 11182019
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: Dakota MN and Eastern Railroad Corporation FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER.
___________________________________
On November 18, 2019, the City of Rochester Common Council conducted a public
hearing, following notice to Dakota MN and Eastern Railroad Corporation (RR) and publication of
notice in the Post Bulletin. The hearing was for the purpose of determining whether RR had
graffiti on their property which was not being removed. The hearing occurred pursuant to R.C.O. §
8-6-7.
At the hearing, no representative from RR spoke. Brent Svenby from Administration and
police Captain Moilanen spoke and produced photographs indicating the graffiti existed and has
not been removed.
After considering all of the testimony and evidence submitted to the Council in this matter,
the Council arrives at the following Findings of Fact, Conclusions of Law and Order:
FINDINGS OF FACT
1. RR owns the railroad bridge abutments of the railroad crossing of the South Fork of
the Zumbro River near Oakwood Cemetery.
2. In July of 2019 the City received complaints about graffiti on the property. On
August 6, 2019 the City sent out a certified letter to RR notifying them of the graffiti and directing
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them to remove the graffiti.
3. RR received the letter but have not responded and failed to appear at the
hearing.
CONCLUSIONS OF LAW
1. The Council finds RR owns the property with graffiti, has been notified about the
graffiti and has failed to remove the graffiti.
ORDER
The Common Council of the City of Rochester does hereby ORDER:
2. The property owner shall remove the graffiti within 15 days or the City will remove
the graffiti and charge all costs incurred therein against the real estate as a special assessment.
Dated at Rochester, Minnesota this _____ day of November, 2019
________________________________
Randy Staver
President of the Rochester City Council
Approved at Rochester, Minnesota this _____ day of November, 2019.
______________________________
Kim Norton
Mayor of the City of Rochester
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