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Home My WebLink AboutRE: Buffer restoration - 2010-2013 • � BO�TON 8� M �N K , I NC� . Consulting Engineers & Surveyors '� 2638 Shadow Lane,Suite 200•Chaska, MN 55318-1172 Phone(952)448-8838•Fax(952)448-8805 www.boiton-menk.com May 8, 2013 City of Orono Attn: Melanie Curtis PO Box 66 Orono,MN 55323 RE: Buffer Restoration 1400 Bracketts Point Road Dear Melanie: As requested, we have completed a review of the documents pertaining to the buffer restoration at the above referenced location and have met on site with Mike Newberg(property manager)to review restoration progress. Our current review is based on the following items: • Summary memo by City of Orono;dated 5/1/13 • Buffer Mitigation memo by Bonestroo; dated 5/23/11 • Restoration Plan comments by Bonestroo; dated 7/8/11 • Restoration Plan by Gronberg&Associates; dated 7/5/11, updated 7/26/11 • Site review with Mike Newberg on 5/8/13 We offer the following observations,comments, and recommendations for your consideration: 1. The six Maple trees from nursery stock(1"-1 �/z" diameter)and 17 Maple trees from volunteer seedlings have been planted as indicated on the plan. The trees are adequately spaced and located at the top slope of the shoreline, which will help anchor the slope and prevent erosion. 2. All of the nursery stock and volunteer seedlings are showing good growth through last year's growing season. Mike is continuing to water the trees as necessary. 3. As discussed with Mike, clearing of sumac around the seedlings will be necessary this year to provide the seedlings room for growth. 4. Invasive species (European Buckthorn,Tartarian Honeysuckle, Garlic Mustard, and Leafy Spurge) continue to be managed. They have been cut back during the previous growing season and treated per indications listed in the restoration plan. However, some growth of all species still exists, and additional management per the restoration plan should be continued. 5. The dead cottonwood tree has been removed, and the hackberry tree with 30% dieback has been trimmed to remove dead limbs. Please let me know if you have any questions or need additional information. Sincerely, BOLTON &MENK, INC. �.6�� 6�� Robert E. Bean, Jr., P.E. Water Resources Engineer , i ' � ._ _ . . � � _ ,� � ,. , ,r - . , ��' � � x� � ,� �, _ . _ . � ` `' . - . - , , , , - j / -��.� ` � � � � � � � � -�: y � -"" . _ - _ .5„?.. , �` . , �- 'r� � :,� _ ' „ . �- ` � �L r. �- � - . �'�Y � '�� x _ . r�i. , r , r,. �,.• , . �� 4 � � �� t t,��' � � . +� .,� s y f ,� ,. tf ��. � r _..:�" t '.. . i��-•., ,. ` �� I � 7`�� - i , � ' ` . 'i . ..} e� _ ; + . i . . • < � .. . f :' ^ � - � .` . ` .. ,..^ � .�' � '�". . .. £ � - � �j' � .p . ' ¢. �A w �� v I"� �1�'1� �f k �I � ' Y .�. ��: � z� *� i. 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'. fi , *�d�� (y 1 .y�� '��.�C��.y� �;�' kr ='F ,,a ?' �, .�'., t, 9 � 1 � � t ��. � r � � � � � � • 'I . • • . • • � • emo To: Dave Martini Bolton & Menk From: Christine Mattson City of Orono cc: Melanie Curtis Date: May 1, 2013 Re: 1400 Bracketts Point Road Violation The property addressed 1400 Bracketts Point Road cleared trees within 75' of the OHWL. Melanie Curtis, Paul Bockenstedt, Ecologist from Bonestroo (Stantac) and Mike Newberg, property manger met on site to discuss the situation. Paul issued a memo dated 5-23-11 with his observations and recommendations. In July 2011 the property manager submitted a proposed plan. Paul reviewed it and commented on July 8, 2011. Melanie forwarded the comments to Mike on July 17, 2011. On July 26, 2011 Mike re-submitted plans and Paul approved them. Copies of the correspondence are attached. On February 19, 2013, Mike contacted Melanie asking for a site visit to discuss his progress. Will you please contact Mike directly and schedule a meeting on site? A follow-up memo of your meeting and site visit is appreciated. Mike's contact information is on the email dated February 19, 2013. This is follow-up on a violation, so no permit number. Please reference 1400 Bracketts Point Road on the invoices. Melanie Curtis From: mike newberg [mnewberg32@mchsi.com] Sent: Tuesday, February 19, 2013 12:31 PM To: Melanie Curtis Subject: Inspection of shoreline at 1400 Bracketts Point Road 2-19-13 Hi Melanie, I intended to get hold of you earlier this fall about the shoreline inspection at 1400 Bracketts Point Road but got busy with other projects and forgot. As per our restoration plan, in the fall of 2011 we planted 6 maple trees from nursery stock and last fall we completed staking about 22 healthy volunteer maples along the west shoreline. The 22 volunteer maples are each marked with a stake and yellow ribbon and the 6 nursery stock maples are all about 7' tall and are identified by having a protective plastic tree wrap on the trunks. They are all clearly visible this winter with the light snow cover. ,We will be continuing to cut out European Buckthorn as time allows during the spring and summer. I am available to meet any time if the city would like to take a look at the west shoreline this winter or spring. Thanks Mike Newberg Mike Newberg Property Manager 1400 Bracketts Point Road Wayzata, MN 55391 952-292-2905 1 Christine Mattson From: Christine Mattson Sent: Monday, July 30, 2012 4:09 PM To: 'paul.bockenstedt@stantec.com'; Melanie Curtis Cc: 'mnewberg32@mchsi.com' Subject: RE: 1400 Bracketts Point Road Hi Paul, I spoke with Mike Newberg regarding 1400 Bracketts Point Road tree/buffer restoration. He isn't quite ready for a site visit yet. They have limited staff to maintain the estate, but to date they have: • Planted the agreed upon 22 Maple seedlings and are nurturing them along • Trimmed Sumac • Removed buckthorn, but still have more to remove • Planted 6-7 nursery stock maples Mike will contact me late summer/early fall to schedule a site visit. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356(physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ '�? 952.249.4620 ' 8 952.249.4616 � cmattson@ci.orono.mn.us �b www.ci.orono.mn.us Summer Office Hours: (Monday, May21 through Friday,August3l,2012) Monday-Thursday: 7:30 am to 5 pm � Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday,September 3, 2012 From: Christine Mattson Sent: Friday, July 20, 2012 8:31 AM To: 'mnewberg32@mchsi.com' Cc: 'paul.bockenstedt@stantec.com' Subject: 1400 Bracketts Point Road Hi Mike, I am following up on the tree/buffer restoration plan at 1400 Bracketts Point Road. Could you please send me some days and times it would work to schedule a site inspection? We will have Paul Bockenstedt with Stantec (formerly Bonestroo) visit the site with you and discuss the status of the restoration project. Thank you, I look forward to hearing from you. i • � Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailinq addressJ S 952.249.4620 8 952.249.4616 � cmattson@ci.orono.mn.us � www.ci.orono.mn.us Summer Office Hours: (Monday, May 21 through Friday,August 31,2012) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, September 3, 2012 2 Christine Mattson From: Christine Mattson Sent: Friday, July 20, 2012 8:31 AM To: 'mnewberg32@mchsi.com' Cc: 'paul.bockenstedt@stantec.com' Subject: 1400 Bracketts Point Road Hi Mike, I am following up on the tree/buffer restoration plan at 1400 Bracketts Point Road. Could you please send me some days and times it would work to schedule a site inspection? We will have Paul Bockenstedt with Stantec (formerly Bonestroo) visit the site with you and discuss the status of the restoration project. Thank you, I look forward to hearing from you. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ d 952.249.4620 8 952.249.4616 � cmattson@ci.orono.mn.us � www.ci.orono.mn.us Summer Office Hours: (Monday, May 21 through Friday,August 31, 2012) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday,September 3, 2012 l '�� _ �� . � ��1 �-- (� �_ � �1i�., �;�,�t� V�Clv�e_ (�tI d�lCQr�-� �, � ZL d U�� m �� ns-h I� -I-��n�rn� �urna�-- �I: �Il��'� �' � s�; �I ��r�w� �ouC,��v� ' � 1 N wr s�'oe,K— - 1 - I `Iz�� Melanie Curtis From: Paul Bockenstedt [Paul.Bockenstedt@bonestroo.com] Sent: Tuesday, July 26, 2011 11:20 AM To: Melanie Curtis Subject: FW: Restoration plan 1400 Bracketts Point Road Attachments: Restoration Plan.zip Hi Melanie, I believe that the attached plan reflects our requested changes. Thanks for the chance to help. Let me know if you need anything else, Paul Paul Bockenstedt Ecologist Direct 651-604-4812 Cell 651-775-5331 pa u I.bockenstedt@bonestroo.com � Banestroo From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.usl Sent: Thursday, July 21, 2011 10:12 AM To: Paul Bockenstedt Subject: FW: Restoration plan 1400 Bracketts Point Road Paul, please see the attached, revised plan from Mike Newberg at 1400 Bracketts Point. If you're able, please provide comments to me by Tuesday. Thanks. Melanie �uv�i5 � 952.2�}9.�F62T � m�uv�i5�ci.ovono.mn.u5 From: mike newberg jmailto:mnewberg32Ca�mchsi.coml Sent: Thursday, July 21, 2011 9:50 AM To: Melanie Curtis Subject: Restoration plan 1400 Bracketts Point Road Hi Melanie, I have attached the file containing the restoration plan revisions. The revisions are related to the management of the invasive plants and the size of the Maple trees. I hope you are able to receive it ok. The only page you might have problems with is the map (page 3). Let me know if I need to drop this of in person. Thanks Mike 1 � � Mike Newberg (Property Manager) 1400 Bracketts Point Road Wayzata, MN 55391 952-292-2905 mnewberg32@mchsi.com Restoration Plan for Southways Estate Lakefront 1400 Brackets Point Road. Wayzata, MN 55391 Tree Replacement: A quantity of (6) Maple trees 7-10' tall 1-1.25 inch diameter furnished from nursery stock to be planted along west shoreline. The trees will be spaced in manner to best create a natural look when combined with existing trees. (Because of buried utilities along the west road edge and difficulties planting on the hill slope a more manageable and slightly smaller than the recommended 2" diameter size tree was chosen). See Plan on page 3 for tree locations. Fostering of Volunteer Hardwood Seedlings A minimum of 17 Volunteer Maple Seedlings will be selected, staked and nurtured to promote successful development into mature trees. We added 2 extra seedlings to help balance out the natural spacing and to compensate for the slightly reduced size of nursery stock maples. See Plan on page 3 for locations Management of invasive and nonnative plants Invasive plants European Buckthorn and Tartarian Honeysuckle will be cut within 6 inches of ground surface and promptly treated with 20% glyphosate 4/imix. Care will be taken not to affect any beneficial plants. Garlic Mustard will be treated this fall with a 1.5-3% glyphosate solution. Leafy spurge will be treated with Plateau in the fall. Sumac will be monitored and cut if it appears to be a determent to more desirable smaller plants. Removal and Trimming of Dead Trees The dead cottonwood tree and dead stump along the west shoreline will be removed. The hackberry tree that has approximately 30% dieback will be trimmed to remove dead limbs. ' � Mike Newberg (Property Manager) 1400 Bracketts Point Road July 5th 2011 Wayzata, MN 55391 952-292-2905 mnewberg32@mchsi.com Dear Melanie, Enclosed is a copy of the restoration plan for the lakefront at 1400 Bracketts Point Road. We can begin implementing it as soon as we get your approval. Because of buried utilities along the west road edge and the difficulty of handling and planting trees on the hill slope and trying to work around existing roots, slightly smaller and more manageable (6-7 foot tall) nursery stock maples were chosen. We also added 2 extra volunteer maples. The management of the invasive and nonnative plants will be carried out later this fall and continued on an annual basis. As per our discussion, the dead cottonwood and 8' stump are scheduled for removal and the hackberry trimmed to remove dead limbs. Please take a look at the plan and let me know if it is acceptable. Sincerely Mike Newberg � ' � ' Page 3 Re sto rat i�r� P I a n 14aa Bracketts Point Road �� . , Vilayz�ta, M N 55391 .;iw t :� �'V 1 �� ti� �` � � ��` Nurture Volunteer Maple (17 Total) ,,.. `�� M� } �,/• S '�' Y � Plant Maple From (6 Total) �� w ;,r � Nursery Stock : � Existing Tree (27 Total) • � .. . '• � ' All locations are a roximate i �• . pp . . • l ~r y� • �''�'+ • . f • < ' � � t • - ti� � • ► i • - K � Q . . • � t'�1 ' --" ' � , � �� .o S 1 � • • ;�t ,'.y„�� `i i � . �i� � ! � S � � • �_ J ' ��• �� 1 � 1 ( � � � L � �y_�� r . � � + R � � � � � • -1 � �� ' � � �• • trt{. � � 1 V �� , ��►�� \ �� 1 i ys �fi� �, ,. , ,,� , .� , � J► .- ��. � . ,, t.. � 0� ' ' 4�`v�- � - � � • e . . -��.,� � �� - , �� F•` :t � \ r�. � � e� .�:.. �•L \� \ fl � 1� � ti�� AIM� titi SCALE M FEET ,., - �•«•.'"•�..""•.•,•�•.""...".•.•"'�'- �°±-" GRUIQB�RG�ASSU+GlIiTES.1NC. . . . - .-. _ _ ___ ..,........�.-�a..�.��..w.�. . , Melanie Curtis From: Melanie Curtis Sent: Monday, July 11, 2011 9:17 AM To: 'mike newberg' Subject: FW: 1400 Bracketts Point Rd - Restoration Plan Attachments: admin@ci.orono.mn.us_20110706_134703.pdf Mike Good morning. I forwarded your plan for 1400 Bracketts Point to Paul Bockenstedt for his review and comments last week. Paul has provided recommendations and comments on your plan to me which I will pass through to you. Please see below and provide information or clarification where necessary. Please let me know if you have any questions. Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCa�ci.orono.mn.us Website: www.ci.orono.mn.us Summer Office Hours (Monday, May 23rd to Friday, September 2nd) Monday -Thursday 7:30 am to 5:00 pm Friday 7:30 am to 11:30 am From: Paul Bockenstedt [mailto:Paul.Bockenstedt@bonestroo.coml Sent: Friday, July 08, 2011 3:25 PM To: Melanie Curtis Cc: Darren Amundsen; Tom Kellogg Subject: RE: 1400 Bracketts Point Rd - Restoration Plan Hi Melanie, Thanks for the chance to review and provide feedback. The proposal submitted by Mike is consistent with what we discussed when we spent time in the field with him. To clarify a few points in Mikes plan, I would suggest the following: Invasive plant management I recommend Mike consider modifications to invasive species treatment in his plan, including the following: • Invasive brush (honeysuckle/European buckthorn) — cut within 6 inches of ground surface and promptly treat top of cut stem surface with 20% glyphosate (Roundup) solution (4 parts water, 1 part glyphosate concentrate). • Garlic mustard can be treated from fall to early spring with a 1.5-3% solution of glyphosate. • Leafy spurge is perhaps best treated with Plateau in fall. Selective hand pulling or targeted spot spraying with a broadleaf herbicide may also work with repeated efforts. Additional information on the treatment of invasive plants can be found at: • WI DNR http://dnr.wi.gov/invasives/species.asp?filterBy=Terrestrial&filterVal=Y • MN DNR www.dnr.state.mn.us (available again after shutdown is over) Tree size: Please have Mike let us know the size of the tree stock they are installing, so we know what to expect. Trees should be a minimum of 1"or 1.5"caliper stock or ANSI (American National Standards Institute) equivalent. i Thank you, Paul Paul Bockenstedt Ecologist Direct 651-604-4812 Cel I 651-775-5331 paul.bockenstedt@bonestroo.com � Bonestroo From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Wednesday, July 06, 2011 1:51 PM To: Paul Bockenstedt Cc: Darren Amundsen; Tom Kellogg Subject: 1400 Bracketts Point Rd - Restoration Plan Paul Please see the attached proposal I received from Mike Newberg for 1400 Bracketts Point Road. This plan is in response to our May 23�d site visit for the vegetation cutting violation. Please let me know your comments on this plan by Wednesday, July 13th if possible. Thank you, Melanie Melanie Curtis Pianning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCa�ci.orono.mn.us Website: www.ci.orono.mn.us Summer Office Hours (Monday, May 23rd to Friday, September 2nd) Monday -Thursday 7:30 am to 5:00 pm Friday 7:30 am to 11:30 am 2 Mike Newberg (Property Manager) 1400 Bracketts Point Road Wayzata, MN 55391 952-292-2905 R��V�p mnewberg32@mchsi.com �U� - 0 2011 C�y pF ORONO Dear Melanie, Enclosed is a copy of the restoration plan for the lakefront at 1400 Bracketts Point Road. We can begin implementing it as soon as we get your approval. Because of buried utilities along the west road edge and the difficulty of handling and planting trees on the hill slope and trying to work around existing roots, slightly smaller and more manageable (6-7 foot tall) nursery stock maples were chosen. We also added 2 extra volunteer maples. The management of the invasive and nonnative plants will be carried out later this fall and continued on an annual basis. As per our discussion, the dead cottonwood and 8' stump are scheduled for removal and the hackberry trimmed to remove dead limbs. Please take a look at the plan and let me know if it is acceptable. Sincerely ! � Mike Newberg Mike Newberg (Property Manager) 1400 Bracketts Point Road Wayzata, MN 55391 952-292-2905 Restoration Plan for Southways Estate Lakefront 1400 Brackets Point Road. Wayzata, MN 55391 Tree Replacement: A quantity of (6) 6-7' high Maple trees furnished from nursery stock to be planted along west shoreline. The trees will be spaced in manner to best create a natural look when combined with existing trees. (Because of buried utilities along the west road edge and difficulties planting on the hill slope a more manageable and slightly smaller than the recommended 2" diameter size tree was chosen). See Plan on page 3 for tree locations. Fostering of Volunteer Hardwood Seedlings A minimum of 17 Volunteer Maple Seedlings will be selected, staked and nurtured to promote successful development into mature trees. We added 2 extra seedlings to help balance out the natural spacing and to compensate for the slightly reduced size of nursery stock maples. See Plan on page 3 for locations Management of invasive and nonnative plants Invasive and nonnative plants including European Buckthorn, and Tartarian Honeysuckle will be cut this fall and exposed trunk surfaces treated with concentrated Round-up herbicide. Care will be taken not to affect any beneficial plants. Garlic Mustard and Leafy Spurge will either be pulled out during the season or treated with Roundup herbicide in November. Sumac will be monitored and cut if it appears to be a determent to more desirable smaller plants. Removal and Trimming of Dead Trees The dead cottonwood tree and dead stump along the west shoreline will be removed. The hackberry tree that has approximately 30% dieback will be trimmed to remove dead limbs. , , Page 3 Resto rati o n P I a n 14�0 Bracketts Point Road _'�� Wayzata, MN 5539� +cw t~ 1 ::� i a� �,{' � Nurture Volunteer Maple {17 Total) •>.� �..:- ;= � .�f' x � Plant Maple From (6 Total) .:r � Nursery Stock _.,.��. � � Existing Tree (27 Total) • � '• � ' All locations are a roximate ' �• _ pp . . • � ��;x ♦ �� i . _ � .� r , t j'y `Tj • � a �� . '. - � � � o � � � � � . , � S 5 �'� C 13 � � ' � � (p ,;'; ;�1 - � • + � � _ � � • �� r � �`-�� +� i - � � �_l ' � t � � _�� r - . _ � � : :f� � C '� '-, � �� !�- - � � . � � � ,� If� •�, • i.�►�� :�� , • � .� t t � t , ' . . ��,�� . �-� - � � I ~ \ � � ' . s�� • �"`` � �� -•, _Y�w � ••is' \ ` ' � ��,�t . \ a 50 LUp T00 �........ •r.�w.wi �.�.. SC'JILE M FEET 1,, _ - •ww•w,.-r.f+�w.w�.a.w.r.we.- :iF?� `��a�+1V4W`GV��.. " ' ' ' " -�-.� Nu�4w�>�-�w.�a�ww}��Rwe��1f .�.'i .• _ }'.rw•av�wnari+aw�aia� n'� �RO�.V��LtiplS.sJlb�ww!!6 . . — MS M.�14M�11MNE�Q11"LA1�.Mllf S�ri .. • -- -- -------- -. NIOIE=162��M� FA7C l62j71��JS Christine Mattson From: Melanie Curtis Sent: Tuesday, May 24, 2011 4:09 PM To: 'mnewberg32@mchsi.com' Cc: Christine Mattson Subject: 1400 Bracketts Point- Mitigation Attachments: 1400 Bracketts Point Rd tree-buffer mitigation mem0_PJB_Melanie Curtis_5-23-11.docx Mike Thanks for meeting with Paul Bockenstedt and me on site yesterday. Attached is Paul's memo with recommendations for the property. Please review the memo and provide a plan for the tree replacement for City review and approval as we discussed. Please contact me if you have any questions. Thank you, Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisaC�.ci.orono.mn.us Website: www.ci.orono.mn.us 1 Memorandum �Bonestroo 2335 Highway 36 W St.Paul,MN 55113 To: Melanie Curtis, City of Project: 1400 BracketYS Te1651-636-4600 Orono Point Rd. Date: 5-23-11 Fax 651-636-1311 From: Paul Bockenstedt, Client: City of Orono WWW•bonestroo.com Ecologist Re: Tree-buffer mitigation for 1400 BracketYs Point Rd. File No.: 139-11000-0 Dear Melanie: Thank you for the opportunity to meet with you and Mike Newberg, the land manager for the landowner's of 1400 Brackett's Point Rd. Please find below notes on observations for the site and recommendations for future approach for tree mitigation at the site. Background and General Comments A stretch of approximately 500 feet of shoreline buffer along the west shore of the 1400 Brackett's Point Rd. property had numerous trees and shrubs removed. Stumps observed, as well as comments from Mike indicate that the cut trees and shrubs included hackberry, elm and other native trees and shrubs, as well as the nonnative shrubs European buckthorn and Tartarian honeysuckle. I was pleased to see that the buckthorn and honeysuckle had been cut as these nonnatives tend to form thickets that hinder aesthetics and also impact native vegetation and wildlife. The herbaceous cover remains intact and includes a nice complement of native flowers, along with some native grasses and sedges. Approximately 30+ trees under 6 inches in diameter were cut from the slope as well as at least 6 native hardwood trees greater than 6 inches in diameter. A number of native hardwood trees were not cut down. Several of these were limbed to approximately 12-15 feet from the ground level. Several of the retained trees are of nice form and quality and include sugar maple, hackberry, and one bur oak. Two trees that were not cut include one (�18"dia.) cottonwood with a top that has greater than 50% die-back and one hackberry (�12"dia.) with approximately 30% die-back. We discussed that the cottonwood could be cut/removed, primarily for potential safety issues. We also discussed that the hackberry could be trimmed to remove dead limbs and monitored for further decline. Restorative Activities While on site, we discussed several activities that will help enhance the native character of the buffer vegetation, while also being sensitive to re-establishment and maintenance of adequate shoreline buffer. Each of the recommended activities is described in more detail below. Management of invasive/nonnative plants There are several species on invasive/nonnative plants within the buffer that can be spot treated, or monitored over time to minimize the potential that they damage the quality of existing buffer vegetation. Specifically, European buckthorn and Tartarian honeysuckle can be re-cut in fall 2011 while they still hold leaves, but after other buffer vegetation has gone dormant. Spot treating the cut surfaces of stems for these species will minimize the potential of resprouts—treat with a 20- 25% solution of Roundup, Garlon 3 or equivalent product. The invasive nonnatives Garlic mustard and leafy spurge are also present here. Garlic mustard can be treated between November and March (over winter when temperatures are above freezing) with a 3-5% solution of Roundup. C:\Users\mcurtis\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\ZOZACOSC\1400 Bracketts Point Rd tree-buffer mitigation mem0_PJB_Melanie Curtis_5-23-11.docx [TNS Ob- Page 1 of 2 Alternative, both garlic mustard and leafy spurge can be monitored and action taken if they begin to form large, monotypic stands. There are also several aggressive native shrubs that could be actively managed/cut to foster the native ground layer, including sumac, and to a lesser extent the native black currant along the slope. Cutting and treating the sumac and other shrubs will help maintain a relatively open character under the current and future trees. Tree re�lacement Because there were a number of trees exceeding 6 inches in diameter that were cut, some mitigation tree enhancement is necessary. Planting of 6 nursery trees of 2"diameter, as well as selecting 15 volunteer hardwood seedlings to foster for in-place development will provide substantial replacement for cut trees. The overall, goal for this effort will be to achieve an approximate average spacing of between 20 and 30 feet between trees with a strong preference for planting/grooming quality native hardwood trees, such as bur oak, swamp white oak, hackberry, and sugar maple. Over time, as these trees develop, they can be limbed up to 10— 15 feet. This will enable adequate light to reach the ground, which will help sustain the native grasses and wildflowers. It would also help maintain an open understory and vista beneath the trees. Concluding thoughts: Overall, the native herbaceous cover at the shoreline buffer site is good. Likewise, the site has benefitted from the cutting of nonnative, invasive shrubs buckthorn and honeysuckle. However, broad-scale cutting of native hardwood trees has impacted the shoreland buffer area along Lake Minnetonka at the property. Replacing trees cut from the buffer should begin in 2011 and the overall health of the replacement trees, whether from nursery stock or hand-selected volunteer tree seedlings on site, actively managed over time. In a broader context, many of the large native trees on the estate grounds are mature, or even more advanced. The owners have made a concerted and commendable effort to plant more trees in recent decades. As currently mature trees decline and die in the coming decades, supplemental planting will become an increasingly important aspect of maintaining the stately quality of the grounds. E�ending this effort to the area between the lane and the shoreline will help ensure continuity over time of mature trees on the grounds, which is an important part of the feel and overall legacy of the site. This can also be accomplished in a manner that maintains a quality shoreland buffer, as well as pleasing vistas to and from the lake. Once again, thank you for the opportunity to meet with you and Mike this morning. As you consider my remarks, please contact me with any questions you may have. Best regards, Paul C:\Users\mcurtis\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\ZOZACOSC\3400 Bracketts Point Rd tree-buffer mitigation mem0_PJB_Melanie Curtis_5-23-11.doa [TNS 06- 2010] Page 2 of 2 �- , Tongen's Tree Service 30 Wildhurst Tonka Bay, MN 55331 ��c�`� Mq,� vF0 3 March 25, 2011 C�T1'�F ,��11 �R�NO Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear Ms Curtis My firm did work this winter for James and Joann Jundt on their property at 1400 Bracketts Point Road. I understand that questions have arisen because one of the trees was within the set back from Lake Minnetonka within which trees are not to be removed without the permission of the City. My firm has been involved this year only with two maple trees, both located to the east of Bracketts Point road. Both were damaged by the heavy, wet snow fall early in the winter season. We were called to remove the damaged portions of the trees. Upon examination of the trees, both were damaged beyond any point of repair. If you examine the stump on the tree removed nearest to the lake, you will find substantial rot in the stump which extended up the tree. The other tree had lost a sufficient number of branches so that recovery was not possible. I am now aware that the City should have been contacted even for the removal of damaged trees within a certain setback from the lake and will do so in the future. If you would like to discuss this matter with me, please call me at 612 384 7700. Sincerely, �_' <�i�-,- �G� Brian Tongen �� cc: Jim and Joann Jundt � �` Z � ~ ( � , , -� 5� 3- �� 7b�- C.��b�! �-e�s��e�- � V��,�t,�� . �� J �� b� ��G v�,-4e�.� �a.►� r� . vv�e� sl�.�wl.� v�2 0� �Ol�,� ��v� �-�.�l-- �o w� e� . Christine Mattson From: Melanie Curtis Sent: Tuesday, February 22, 2011 7:20 AM To: Christine Mattson Subject: Fwd: cketts -tree cutting Begin forwarded message: From: Mary Jundt <�ioiundt(a�earthlink.net> Date: February 21, 2011 23:54:43 CST To: Melanie Curtis <MCurtis(a)ci.orono.mn.us> Cc: "Lioiundt(a�earthlinl:.net" <�ioiundt(a�earthlink.net> Subject: cketts - tree cutting � Melanie, I just received your mail . I am trying to connect with Tom Crosby. Some of the activity may be on the Pillsbury Property. I know that I gave direction to my employees not to go into the 75foot Lakeshore setback. They were authorized to only remove the dead trees. I have been assured that this is what they have been doing. Thank you for your concern and vigilance. Joann Jundt From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Thursday, February 17, 2011 2:58 PM To: 'Mary Jundt' Cc: tcrosby@tcrosbylaw.com; Soren Mattick; Jessica Loftus Subject: RE: 1400 Bracketts - tree cutting Joann I'm emailing you with the hope that this will reach you sooner than a letter via US mail; an official letter will follow in the mail. Attached are photos one of our inspectors took today at your property at 1400 Bracketts Point. I'm concerned because we are still waiting for a restoration plan from the previous unpermitted cutting. Our inspector stated that the stump closest to the road is only 48-feet from water— where cutting is NOT permitted. The other photo shows another stump that is 11 S from water— where cutting is permitted. I discourage you from removing any more trees from the property until you submit a restoration plan and we are able to review that plan. 1 I have also attached is the letter I sent on December l, 2010 requesting a restoration plan far the previous tree removals. To date the City has not received a restoration plan. Today your property will be posted with a STOP WORK notice. Please comply with this notice immediately. Please submit a restoration plan by February 24t� in order to avoid further action by the City. Please contact me with any questions. Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCcilci.orono.mn.us Website: www.ci.orono.mn.us From: Mary Jundt [mailto:joioiundtCa�earthlink.net] Sent: Monday, January 10, 2011 11:43 AM To: Melanie Curtis Cc: tcrosby@tcrosbylaw.com Subject: FW: 1400 Bracketts - tree cutting z Joann Jundt fully acknowledges and agrees with the content of Mr. Crosby's e-mail sent 12/22/10 regarding 1400 Bracketts—tree cutting. From: Thomas Crosby [mailto:] Sent: Monday, January 10, 2011 9:32 AM To: ioiojundt@earthlink.net Subject: FW: 1400 Bracketts - tree cutting From: Thomas Crosby [mailto:tcrosby@tcrosbylaw.coml Sent: Wednesday, December 22, 2010 1:08 PM To: 'Melanie Curtis' Cc: 'jojoiundt@earthlink.net' Subject: RE: 1400 Bracketts - tree cutting Joann Jundt and I discussed your photographs and your desire to have a plan in place in the near future as distinguished from waiting for the snow to melt. All of the photographs relate to the west side of the point. According to Joann, the trees left with trunks three to four feet high are trees that have been pruned to that level at least twice before and are expected to grow back with reasonable speed. The other work done involved either invasive species or dead trees. I understand your desires are to have vegetation on the bank which (i) maintains stability of the bank and(ii) avoids a"clear cut"type of look. It is my understanding that very little, if anything, was uprooted during the work process. To the extent needed, you have requested bushes or other vegetation that will cover the area as well as replacement of live maples or other native species that may have been removed. Without having specifics at hand, would a undertaking by the Jundts to the effects of the preceding paragraph be sufficient? From: Melanie Curtis [mailto:] Sent: Wednesday, December 15, 2010 3:18 PM 3 To: 'tcrosby@tcrosbylaw.com' Subject: 1400 Bracketts - tree cutting See attached Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCDci.orono.mn.us Website: www.ci.orono.mn.us 4 O� � � \� CITY of ORONO O: O\,` Municipal Offices - I ,f k�� r ,.'� �� ., Street Address: Mailing Address: `�+� `�� v��'r r�� ,�,�' 2750 Kelley Parkway P.O. Box 66 � ��,�� Orono,MN 55356 Crystal Bay,MN 55323-0066 '� �`a� r�� ,�, SH 18 February 2011 James R. & Mary J. Jundt 42486 109th Way Scottsdale, AZ 85262-5127 RE: 1400 Bracketts Point Road / PID 11-117-23-32-0020 A City permit and replacement plan is required for removal of any tree greater than 6-inches in diameter within 75-feet of a lake. A City permit and restoration plan is also required for any clear cutting activity within 75-feet of a lake. This letter will follow up the email I sent to Ms. Jundt and Mr. Tom Crosby on February 17, 2011. On February 17, our inspector witnessed unpermitted tree removal(s) within 75-feet of the lake. I'm concerned about this activity because we are still waiting for a restoration plan from the previous unpermitted cutting in the fall of 2010. I discourage you from removing any more trees from the property until you submit a restoration plan and we are able to review that plan. Please submit a restoration plan for review and approval by City staff. The restoration plan should include the species, size and location of replacement trees within 75-feet of the OHWL. Tree species should be appropriate for the location, native to the area and should not be considered a noxious or invasive species, such as the buckthorn which was removed. The plan should attempt to create a natural shoreline and restore the level of vegetative screening which existed prior to your cutting efforts this fall. Please note, once the restoration plan is approved you will be required to submit an escrow check to the City in the amount of 150% of the improvements in order to guarantee follow through of the planting and restoration through the next growing season. Your property has been posted with a STOP WORK notice. Please com�ly with this notice immediately. As requested in my email, please submit a restoration plan by February 24 h in order to avoid further action by the City. Because this activity is considered a violation of City Code failure to submit a restoration plan by the date specified will result in the matter being forwarded to the City Attorney and may result in criminal prosecution. If you have any questions, please contact me at mcurtis _ci.orono.mn.us or 952-249-4627. Sincerely, ITY OF ORQN , Melanie Curtis Planning & Zoning Coordinator c Ostvig Tree, Inc., 1161 E. Wayzata Blvd., #311, Wayzata, MN 55391 Marcus Jundt 10083 Scopa Trail Scottsdale, AZ 85262 Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us Christine Mattson From: Melanie Curtis Sent: Thursday, February 17, 2011 3:58 PM To: 'Mary Jundt' Cc: tcrosby@tcrosbylaw.com; Soren Mattick; Jessica Loftus Subject: RE: 1400 Bracketts-tree cutting Attachments: 1400 Bracketts Point RD 005.jpg; 1400 Bracketts Point RD 004.jpg; 1400 Bracketts Point RD 003.jpg; 1400 Bracketts Point RD 002.jpg; 1400 Bracketts Point RD 001.jpg; admin@ci.orono.mn.us_20110217_164805.pdf Joann I'm emailing you with the hope that this will reach you sooner than a letter via US mail; an official letter will follow in the mail. Attached are photos one of our inspectors took today at your property at 1400 Bracketts Point. I'm concerned because we are still waiting for a restoration plan from the previous unpermitted cutting. Our inspector stated that the stump closest to the road is only 48-feet from water—where cutting is NOT permitted. The other photo shows another stump that is 115' from water—where cutting is permitted. I discourage you from removing any more trees from the property until you submit a restoration plan and we are able to review that plan. I have also attached is the letter I sent on December 1, 2010 requesting a restoration plan for the previous tree removals. To date the City has not received a restoration plan. Today your property will be posted with a STOP WORK notice. Please comply with this notice immediately. Please submit a restoration plan by February 24`h in order to avoid further action by the City. Please contact me with any questions. Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCa�ci.orono.mn.us Website: www.ci.orono.mn.us From: Mary Jundt [mailto:Lioiundt@earthlink.netl Sent: Monday, January 10, 2011 11:43 AM To: Melanie Curtis Cc: tcrosby@tcrosbylaw.com Subject: FW: 1400 Bracketts - tree cutting Joann Jundt fully acknowledges and agrees with the content of Mr. Crosby's e-mail sent 12/22/10 regarding 1400 Bracketts—tree cutting. From: Thomas Crosby [mailto:] Sent: Monday, January 10, 2011 9:32 AM To: ioioiundt@earthlink.net Subject: FW: 1400 Bracketts - tree cutting 1 From: Thomas Crosby [mailto:tcrosby@tcrosbylaw.com] Sent: Wednesday, December 22, 2010 1:08 PM To: 'Melanie Curtis' Cc: 'jojojundt@earthlink.net' Subject: RE: 1400 Bracketts - tree cutting Joann Jundt and I discussed your photographs and your desire to have a plan in place in the near future as distinguished from waiting for the snow to melt. All of the photographs relate to the west side of the point. According to Joann,the trees left with trunks three to four feet high are trees that have been pruned to that level at least twice before and are expected to grow back with reasonable speed. The other work done involved either invasive species or dead trees. I understand your desires are to have vegetation on the bank which (i) maintains stability of the bank and (ii) avoids a "clear cut" type of look. It is my understanding that very little, if anything, was uprooted during the work process. To the extent needed,you have requested bushes or other vegetation that will cover the area as well as replacement of live maples or other native species that may have been removed. Without having specifics at hand, would a undertaking by the Jundts to the effects of the preceding paragraph be sufficient? From: Melanie Curtis [mailto:] Sent: Wednesday, December 15, 2010 3:18 PM To: 'tcrosby@tcrosbylaw.com' Subject: 1400 Bracketts - tree cutting See attached Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCcilci.orono.mn.us Website: www.ci.orono.mn.us 2 !�' � � � �.� � P `� � '� �V'. � _ „S, �t '�� ,�, � ,. �� ;��..- r�.- ,/� � . ,� a� �'� — j �A �,��4�� ^��;'�, f". ��";t' .� ��i r `� ,� � k ��,, <'+s�.� ,� l \ � .., M., .... � '. 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I� � �1 „ � � � � , �� ...�,ai� � t Melanie Curtis From: Mary Jundt[jojojundt@earthlink.net] Sent: Monday, January 10, 2011 11:43 AM To: Melanie Curtis Cc: tcrosby@tcrosbylaw.com Subject: FW: 1400 Bracketts -tree cutting Joann Jundt fully acknowledges and agrees with the content of Mr. Crosby's e-mail sent 12/22/10 regarding 1400 Bracketts—tree cutting. From: Thomas Crosby [mailto:] Sent: Monday, January 10, 2011 9:32 AM To: ioioiundt@earthlink.net Subject: FW: 1400 Bracketts - tree cutting From: Thomas Crosby [mailto:tcrosbyCa�tcrosbylaw.com] Sent: Wednesday, December 22, 2010 1:08 PM To: 'Melanie Curtis' Cc: 'jojojundt@earthlink.net' Subject: RE: 1400 Bracketts - tree cutting Joann Jundt and I discussed your photographs and your desire to have a plan in place in the near future as distinguished from waiting for the snow to melt. All of the photographs relate to the west side of the point. According to Joann, the trees left with trunks three to four feet high are trees that have been pruned to that level at least twice before and are expected to grow back with reasonable speed. The other work done involved either invasive species or dead trees. I understand your desires are to have vegetation on the bank which (i) maintains stability of the bank and (ii) avoids a "clear cut" type of look. It is my understanding that very little, if anything, was uprooted during the work process. To the extent needed, you have requested bushes or other vegetation that will cover the area as well as replacement of live maples or other native species that may have been removed. Without having specifics at hand, would a undertaking by the Jundts to the effects of the preceding paragraph be sufficient? From: Melanie Curtis [mailto:] Sent: Wednesday, December 15, 2010 3:18 PM To: 'tcrosby@tcrosbylaw.com' Subject: 1400 Bracketts - tree cutting See attached Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 1 N� �s ��;�� o� df 2 - 7- � � � . �Y l� �'�(r Y I � � Melanie Curtis From: Melanie Curtis Sent: Thursday, December 23, 2010 11:14 AM To: 'Thomas Crosby' Cc: jojojundt@earthlink.net Subject: RE: 1400 Bracketts -tree cutting Tom That sounds about right, except that we do expect some overstory trees to be included in your replacement plan. There were some mature buckthorn plants removed which provided a higher level of screening when viewed from the lake. Thanks and have a nice Christmas. Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtis(a)ci.orono.mn.us Website: www.ci.orono.mn.us From: Thomas Crosby [mailto:tcrosby@tcrosbylaw.com] Sent: Wednesday, December 22, 2010 1:08 PM To: Melanie Curtis Cc: jojojundt@earthlink.net Subject: RE: 1400 Bracketts - tree cutting Joann Jundt and I discussed your photographs and your desire to have a plan in place in the near future as distinguished from waiting for the snow to melt. All of the photographs relate to the west side of the point. According to Joann, the trees left with trunks three to four feet high are trees that have been pruned to that level at least twice before and are expected to grow back with reasonable speed. The other work done involved either invasive species or dead trees. I understand your desires are to have vegetation on the bank which (i) maintains stability of the bank and (ii) avoids a "clear cut" type of look. It is my understanding that very little, if anything,was uprooted during the work process. To the extent needed,you have requested bushes or other vegetation that will cover the area as well as replacement of live maples or other native species that may have been removed. Without having specifics at hand, would a undertaking by the lundts to the effects of the preceding paragraph be sufficient? From: Melanie Curtis �mailto:MCurtis@ci.orono.mn.us] Sent: Wednesday, December 15, 2010 3:18 PM To: 'tcrosby@tcrosbylaw.com' Subject: 1400 Bracketts - tree cutting See attached i � Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCc�ci.orono.mn.us Website: www.ci.orono.mn.us 2 —� � �11�'�,, O �� 0�� CITY of ORONO ��>�� i� Municipal Offices -�� '�� '� ,'a, Street Address: Mailing Address: n�P r� "�+�� , ��',��`�� ,�,�' 2750 Kelley Parkway P.O. Box 66 .��t �' ��"�''� Orono, MN 55356 Crystal Bay,MN 55323-0066 ��,�i�� '� �kESH��`' December 1, 2010 James R. & Mary J. Jundt 42486 109th Way Scottsdale, AZ 85262-5127 RE: 1400 Bracketts Point Road PID 11-117-23-32-0020 Thank you for the letter from Mr. Marcus Jundt dated November 19, 2010 in response to the tree and vegetation cutting done at 1400 Bracketts Point Road earlier this fall. Your efforts to remove invasive trees and beautify the property while maintaining soil and bank stability are appreciated. However, this type of clear cutting within 75-feet of the ordinary high water level (OHWL) of Lake Minnetonka requires permits as well as submittal of a restoration plan. Please submit a restoration plan for review and approval by City staff. The restoration plan should include the species, size and location of replacement trees within 75-feet of the OHWL. Tree species should be appropriate for the location, native to the area and should not be considered a noxious or invasive species, such as the buckthorn which was removed. The plan should attempt to create a natural shoreline and restore the level of vegetative screening which existed prior to your cutting efforts this fall. Please note, once the restoration plan is approved you will be required to submit an escrow check to the City in the amount of 150% of the improvements in order to guarantee follow through of the planting and restoration through the next growing season. Because this activity is considered a violation of City Code I am placing a deadline on submittal of an acceptable restoration plan. Please submit a detailed plan to me by December 20th which meets the above requirements. Failure to submit a restoration plan by the date specified will result in the matter being forwarded to the City Attorney and may result in criminal prosecution. If you have any questions, please contact me at mcurtisCa�ci.orono.mn.us or 952-249-4627. Sincerely, CITY OF ORONO � Melanie Curtis Planning & Zoning Coordinator c Marcus Jundt 10083 Scopa Trail Scottsdale, AZ 85262 Telephone (952)249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Marcus Jundt 10083 Scopa Trail Scottsdale, AZ 85262 R��F D Melanie Curtis N�V 1920� City of Orono CjTy 0 P.O. Box 66 �F�RpN� Crystal bay, MN 55323 Dear Melanie, I would like to provide you with an outline of the tree and brushwork that was done at 1400 Brackets Point Road this fall. While on vacation here in October I began clearing bottles, misc. debris and buckthorn bushes from the properly. After successfully removing years of overgrown buckthorns I also began clearing diseased elms, dead and storm damaged trees that had fallen along the west and east property line. My goal was to clean up the nuisance trees and shrubs and bring the properry back to the state it was in when purchased. During this project no shrubbery was removed by the roots and no ground was disturbed. 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Boz 66 �= Orono, MN 55356 Crystal Bay, MN 55323-0066 October 19, 2010 SENT VIA U.S. CERTIFIED MAIL NO.: 7007 0220 0000 1990 9428 James R. & Mary J. Jundt 42486 109th Way Scottsdale, AZ 85262-5127 RE: 1400 Bracketts Point Road PID 11-117-23-32-0020 On October 14, 2010, City Staff observed that trees and brush within 75 feet of the ordinary high water level (OHWL) of Lake Minnetonka had been removed and much of the area was clear cut. Removal of trees 6-inches or greater and/or clear cutting of vegetation within 75 feet of the _ OHWL is a violation of City Code Section 78-1285. _ After researching your property file it appears that in June of 2000 and again in June of 2006 - permits were requested from the City in order to remove and replant specific trees within 75-foot setback from the OHWL on the property. Those permits have since expired and are not considered related to this recent work. This letter is your official notification of the violation on your property. In order to begin to correct the violation, you must provide the City with an acceptable restoration plan which includes the size, species and location of the trees and vegetation to be replaced and replanted before Thursday, October 28 2010. Please be advised, if you fail to correct the violation this matter will be forwarded to the City Attorney for review and may result in criminal prosecution. I have attached a copy of the appropriate City Code for your reference. If you have any questions, please contact me at mcurtis(a�ci.orono.mn.us or 952-249-4627. Sincerely, CITY OF ORONO , � Melanie Curtis Planning & Zoning Coordinator encl c US Mail Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us �o� ,3 � 2��0 J�c�,nns� �.��.� �vt.��-eo� ��,n�, Mr�. �,,� u,� �� .� w a��.- , � �v� �u�b�rni l-� � �l�,n. �� --� I� � � �� . October 19,2010 James R.&Mary J.Jundt Page 2 of 2 Sec. 78-1285.Vegetation alterations. (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six inches or more (or 19 inches in circumference or greater) measured three feet above the ground may be removed without first obtaining a permit from the city staff, provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeais of staff determinations as to type, size and quality of the trees to be replaced will be to the council. Removal of trees that are dead shall not require a permit, but such trees must be inspected by city staff prior to their removal. (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overiay District is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7-11-1994)