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Melanie Curtis From: Mike Gaffron Sent: Monday, June 15, 2009 3:55 PM To: Jim White Cc: Bill Wells; Melanie Curtis Subject: Ebertz Entrance Monuments @ 1220 Tonkawa Jim— I understand from Bill that you've been contacted about the Ebertz's entrance monuments that were constructed without a permit in an illegal location. Melanie has been on top of this from the start, but she is out this week, so I'm pinch-hitting. Here's a brief history of the issue: Last week of April—Staff found entrance monuments under construction without a permit, put up a Stop Work Order. April 30— Melanie emailed Steiner& Koppelman (S&K) about the need for a permit and survey showing the location of the monuments. May 1 —Tim O'Connor of S&K submitted an after-the-fact permit application for the monuments, absent the required survey. May 7—Melanie emailed acknowledgement of the application and noted we could not issue permit until survey received confirming legal location. May 14—City received survey indicating that one of the two monuments was in County right-of-way. May 18—Staff discussion with Hennepin Co.'s Dave Zetterstrom, who indicated he would contact Jeff Froehle of S&K that the offending monument must be removed from the right-of-way. June 5— Melanie follow-up email to O'Connor of S&K indicating the monument should be removed as it is a violation of City and County regulations. O'Connor responded same day indicating that`Caroline' at the County had told him it was OK to stay in place. Melanie responded back that this is inconsistent with what she had been told by Zetterstrom, and that she needed written confirmation from the County. O'Connor indicated they (Caroline et al?) had inspected it a week ago and said it would be fine. Melanie responded that she needed documentation, but they will still need City Council approval and a City permit. Week of June 8-12—Melanie pointedly discussed the matter by phone with `Caroline' who then agreed to follow the City's lead on this and not permit the monument to remain in the right-of-way. Caroline would follow up with a letter to S&K and cc the City. This position is consistent with long-standing City and County practice. It is usually the County asking the City to back them up when something is in the County right-of-way. Caroline's initial lenient position was not tenable in the big picture. June 13-14-15 ?—Apparently the Ebertz's contacted you (Mayor White) looking for assistance. As of today we have not received a copy of letter from the County to S&K. Staff's position remains that the monument must be relocated onto the property and can't stay within the right-of-way. I will keep you informed of any new developments. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O. Box 66,Crystal Bay,MN 55323 Phone: (952)249-4600 Fax: (952)249-4616 1