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HomeMy WebLinkAboutRe: Rocks in ROW (2)Alistair & Karen Jacques 645 Old Long Lake Road, Orono, MN 55391 Mr. Scott Ob%:;ICt er, Public Works Supervisor City of Orono 2750 Kelley Parkway Orono, MN 55356 November 15, 2009 Dear Mr. Oberaigner, �RFC��V Np� FO C/Tyo ""?0�9 FORCNO We received your letter, dated November 12, 2009, which demands that we move the rocks at the end of our driveway. was not notified in person, nor by voice message prior to receiving this letter. Your letter is the first notification I have received. I do recall a door -hanger with a hand-written request to "call Scott" (I can now assume this is you). The request was scribbled on the back of a door -hanger, specifically designed to be used for another purpose. It did not identify you as a City official, nor did it specify the reason for my needing to call you back. Therefore, I treated the message in the same way I treat all unsolicited requests for me to contact an unknown party... I discarded it. The rocks represent expensive landscaping aimed at preventing folks from driving over the grass and flowers at the corners of our driveway. Can we assume the City supports our efforts to beautify the community? If we must move the rocks, can the City suggest an alternate method for protecting the corners of our driveway? For example, would the City build a curb? We will be very upset if the City simply confiscates our property, without giving us a reasonable opportunity to understand and respond to your demand. First, I would like to understand why the rocks must be moved and whether other houses on Old Long Lake Road are being asked to do the same? For example: 925 Old Long Lake Rd -Boulders less than 5 ft from road. 965 Old Long Lake Rd -Boulders less than 3 ft. from road. 985 Old Long Lake Rd - Boulders less than 2 ft, from road. 934 Old Long Lake Rd - White Driveway Fence less than 2 ft. from road. 1000 Old Long Lake Rd - Gated Driveway & Boulders less than 5 ft. from road. 1020 Old Long Lake Rd - Mailbox with large barrel less than 2 ft from road. 1010 Old Long Lake Rd - Boulders less than 1 ft. from road. 1020 Old Long Lake Rd - Boulders less than 1 ft. from road. 1030 Old Long Lake Rd - Boulders less than 1 ft. from road. We would appreciate a written response. Please feel free to contact me via email at aia�c ues@mchsi.om Most sincerely, Alistair Jacques Alistair & Karen Jacques RAS Old Long Lake Road Orono MN 55391 December 7, 2009 R�C47VA Dear Mr. Olson, We received your letter, dated December 4, 2009. C L w 94?00 n-CFCRo I must first correct your understanding that Mr. Oberaigner spoke to my wife and our landscapers, and �� that the rocks were subsequently moved and have since been replaced. Mr. Oberaigner did speak to my wife, in June. She asked him to explain the right-of-way concern. He told her that our rocks are in violation of a city ordinance, but he did not identify the ordinance, or the logic behind it. She also asked that Mr. Oberaigner discuss the issue with me. He has not attempted to do so (other than a scribbled note on the back of a door -hanger, asking that I call an unidentifiable person named "Scott"... I threw it away, not realizing he was a city employee). I don't know whether, or not, he spoke to our landscapers, but they have no recollection of said conversation, and I can assure you the rocks have not been moved since they were originally placed there, in June. Per my letter to Mr. Oberaigner, these rocks represent expensive landscaping aimed at preventing folks from driving over the grass and flowers at the corners of our driveway. Can we assume the City supports our efforts to beautify the community? If we must move the rocks, can the City suggest an alternate method of protecting the corners of our driveway? For example, would the City build a curb? Please note, the reason we are forced to protect our landscaping is that the city would not allow us to have a horse -shoe driveway (like most of our neighbors do). So visitors are forced to reverse out of our driveway. In addition to destroying the corners of our landscape, this represents a significant risk to our guests and passing motorists, because they have to reverse into Old Long Lake Road traffic. I am not familiar with Section 18-2 of the Orono Municipal Code. Would you be kind enough to explain it, and its logic, please? For example, what is the "significant risk posed to city employees and equipment used for snow removal"? The road is far narrower at other points, often due to objects far larger than our rocks, such as trees, light posts, telephone poles, walls, and driveway gateposts (e.g. those at 1000 Old Long Lake Road). By the way, gateposts is another item the city forced us to move... at a cost of $5,000. It seems we are we being discriminated against? We will be very upset if the City simply confiscates our property, without giving us a reasonable opportunity to understand and respond to your demand. We cannot do this by 12/11/09. If the City insists on moving them sooner, please have someone contact us, so that we can direct a mutually acceptable placement. Mr. Oberaigner told my wife that there were several other homes violating this ordinance. None of them have removed their rocks. Why are we are being discriminated against? Again, I would like to understand why the rocks must be moved and whether all other houses on Old Long Lake Road are being asked to do the same? Specifically, all of those listed in my letter to Mr. Oberaigner but, more broadly, all houses on all roads in Orono? Thank you for your written response. We would appreciate the same, again, with response to all of our questions. Please feel free to contact me via letter, or email at aiacques@mchsi.com. Most sincerely, Alistair Jacques G December4, 2009 Alistair Jacques 545 Old Long Lake Road Orono, MN 55391 Dear Mr, Jacques, CITY of URUX Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 I have received your letter dated November 15`" concerning the removal of rocks in the City's right-of- way along Old Long Lake Road. As you have requested, this is your written response, The City's Public Works Supervisor, Scott Oberaigner, spoke with Karen about the rocks in June of this year. At that time, he also spoke with your landscapers and the rocks were removed from the right-of- way. Since then, the rocks have been placed back in the right-of-way in violation of Section 18-2 of the Orono Municipal Code. The rocks pose a significant risk to city employees and equipment used for snow removal. These rocks will need to be removed by 12/11/2009 or the City will pursue further action to have them rernoved. City staff works diligently to have all violations corrected on all public roadways within the City, It is my understanding that one of the properties that you have inquired about has already removed rocks from the right-of-way, Three additional property owners are being notified that they must correct violations. If you have any further questions or concerns about this matter, please call meat 952,249.4611. Sincerely, v Ronal J:'Olson Finance Director City of Orono Telephone (952) 249-46{)0 p'ax (952) 249-461b www.ci.orono,mn.us To: Alistair & Karen Jacques I am writing this letter to let you know there are four rocks in violation of our City Municipal Code 1 &2. The City relocated these rocks 10' from the blacktop in December of 2009 and now they reappeared and in violation. These rocks need to be removed by 7-15.2010 or the City of Orono will remove these rocks in violation. Thanks for your cooperation in this matter. Scott Oberaigner Public Works Supervisor (952) 2494600 4 July 7, 2010 CITY of ORONO Municipal Offices �G Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 Alistair Jacques 545 Old Long Lake Road Orono, MN 55391 Dear Mr. Jacques, Last summer, the City notified you that landscaping rocks located in the City right-of-way were in violation of Municipal Code section 18-2. In December, you were notified that the rocks needed to be removed prior to December 11th 2009 to avoid action by the City. On December 14th the City moved the rocks to a distance of 10 feet from the blacktop. It has come to the City's attention that the rocks have been moved back onto the right-of-way. As indicated previously, placing rocks in the right-of-way is a violation of city code. These rocks will need to be removed by 7/31/2010 or the City will pursue further actions to have them removed, Any expenses associated with removal by the City will be charged to the property. If you have any further questions or concerns about this matter, please call me at 952.249.4600. Sincerely, Scott Oberaigner Public Works Supervisor Telephone (952) 249-4600 •Fax (952) 249-4616 www.ci.orono.mn.us 11-24-09 To: Alistair & Karen Jacques This letter is in response to your letter dated 11-25-2009. 1 spoke with Karen regarding rocks in the ROW in late June explaining the need for removal. I spoke with your landscapers that had placed rocks buy your mailbox and explained why they needed to be removed and placed at another location. Since the removal, the rocks reap eared PbDur mail box and entrance to driveway. These rocks are in violation of City cod 1984, 6These obstructions pose a great risk to a snow plow. The plantings that are along nd your driveway should be enough to protect the corners of the driveway without th need for rocks or a curb. I looked at your other addresses that you are saying are in violation. The only addresses that pose a risk are 1010, 1020, 1030 Old Long Lake Rd which we will be working with those homeowners. The other addresses are for retaining dirt from eroding, which are either below the existing grade or a hill that needs to be retained. �JcG�io� 1��L t