The URL can be used to link to this page

Home My WebLink Aboutre: rocks in ROW November 12, 2009 Alistair & Karen Jacques 645 Old Long Lake Road Wayzata, MN 55391 RE: 645 Old Long Lake Road Rock on Right of Way Dear Mr. & Mrs. Jacques: You were notified in person or by door hanger about rocks on the right-of-way. Since these rocks are still in violation, the City of Orono will be removing the rocks on Friday, November 20, 2009. If you have any questions, please call Scott @ 952-249-4600. Thank You, Scott Oberaigner Public Works Supervisor Alistair & Karen Jacques 645 Old Long Lake Road. Orono, MN 55391 Mr. Scott Oberaigner, Public Works Supervisor City of Orono 2750 Kelley Parkway / Orono, MN 55356 Am November 15, 2009 Cx<009 � oFwRONO Dear Mr. Oberaigner, We received your letter, dated November 12, 2009, which demands that we move the rocks at the end of our driveway. I 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 roads 1 ' w', ® yr.�c4 965 Old Long Lake Rd - Boulders less than 3 ft. from road.— �(-e/ E'' � etiV 985 Old Long Lake Rd - Boulders less than 2 ft. from road.— 7 i (,rte lifC% �ry" 't 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. 1 �) f/Z /1,� Z 1030 Old Long Lake Rd - Boulders less than 1 ft. from road. el f 7' r ' We would appreciate a written response. Please feel free to contact me via email at ajacques@mchsi.om Most sincerely, Alistair Jacques /ad a - .. 11-24-09 To: Alistair& Karen Jacques This letter is in response to your letter dated 11-25-2009. I 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 reappeared by your mail box and entrance to driveway. These rocks are in violation of City code 1984, 6.07(1). These obstructions pose a great risk to a snow plow. The plantings that are along the road and your driveway should be enough to protect the corners of the driveway without the 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. '� wee �v r c, CC- Alistair& Karen Jacques 645 Old Long Lake Road, Orono, MN 55391 December 7, 2009 ike fit Dear Mr. Olson, 46. . 2Q We received your letter, dated December 4, 2009. Cm,OFOR, NO 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 ajacques@mchsi.com. Most sincerely, Alistair Jacques i44 OO. CITY of ORONO 1 t ' c: py Municipal Offices <4..`:-,' Street Address: Mailing Address; yg00sa2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 December 4,2009 Alistair Jacques 645 Old Long Lake Road Orono, MN 55391 Dear Mr.Jacques, 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 removed. 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 me at 952.249.4611. Sincerely, 1 0‘,2 —......, Ronal J-.15lson Finance Director City of Orono . Telephone(952)249-4600 • Fax(952)249-4616 www.d.orono.mn.us