3720 Knoll Ridge Dr
PERMIT
City of Eagan Permit Type: Mechanical
Eagan. Permit Number: EA098413
Date Issued: 03/30/2011
OR Permit Category: ePermit
41 it~ of E3
E
Site Address: 3720 Knoll Ridge Dr
Lot: I I Block: I Addition: Rose Hill
PID: 10-64600-110-01
Use:
Description:
Sub Type: e - Furnace
Work Type: New
Description: Furnace
Comments: Questions regarding electrical permit requirements should be directed to Mark Anderson. State Electrical Inspector.
952-445-2840
crnstal bottem
17319 lake Blvd
Fee Summary: ME - Permit Fee (Replacements) $50.00 0801.4088
Surcharge-Fixed $5.00 9001.2195
Total: $».00
Contractor: - Applicant - Owner:
Aerotek Larissa L Scott
17319 Lake Blvd 3720 Knoll Ridge Dr
Shafer NIN 55074 Eagan MN 55122
(651) 493-8324
I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State
of Minnesota Statutes and Cite of Eagan Ordinances.
ApplicantiPermitee: Signature Issued Bv: Signature
CASH RECEIPT ??
CITY OF EAGAN
P. O. BOX 21-199
EAGAN, MINNESOTA 55121
DATE 19
RFCEI V ED
FROM
AMOUNT $ I
& DOLLARS
?oe
? CASH ? CHECK
. ?
FUNO COOE A1AO1,?NT ,
J
? - ?
Thank X?u
er ? n. . ?.
White-Payers Copy
Yellow-Posting CopY
Pink-File Copy
'< < BUILbiNG
ClTY OF EAGAN 9714
3830 Pilot Krrob Road, P.O. Box 21-199, Eagan, MN 55121
PHONE: 454-8100
Receipt # ?--
/Gl1R 00G n..?e F40VL:1B°'R 20 10 84
3720 K[
Site Addresa
Lot '1 Block 1
Parcel No.
W Name KYLLO DI
; Address 8100 Pri
b City NEPL;)
?
ZO
vu R.:?:F.
Name
Address
City
z ROSi:. ` : ;.L,
Name 110:4E DESIGN
Address ,' I :' I, NG DR
stote
,?c Occupancy Y. 3
Erect L1
Remodal ? Zoning 7t
Rapair 0 Type of Const.
Enlarge ? No.Staries
Move ? Length Demoli5h ? Depth
Grade ? Sq. Ft.
Assessment Percnit '? '''' v . ., v
Water 8 Sew. Surchorge 51.50
Z 2 0. 2 5
Police Plon check
525
00
Fire .
5AC
Enp. Water Conn. 470.00
Plonner Woter Meter 63.00
Countll Rood Unit 260.00
BIdg.Off.ll./2/8? K,?W (COpy ) 1.0 0
APC Total 77-1UTF.-n
Var. Date
on the express conditlon that
M)nnesotc Statutes ond City of Eaqan Ordinances.
1 hereby acknowledge thc
the informotion is corre(
Stah of Minnesoto Stah
$iynature of Permittee .
A Building Permit Is issue
all work shall be done in
Buflding Official
Permit No. Permit Holder Data
Plumbiny 3
H.V.A.C.
Electric ?Jlw Uj.U
a3? t Yj v u ?
Sohener
Inspedion Date InsP. Other
Footings I w 7
M lao
PIbg.
Rough HVAC l ?
Inwlation
Final Plbg.
Final HVAC
Final ?? ?.
Cart/ox.
l
Water Descri ocation:
Well
Sewer
Pr. Disp. '
Receipt
1. Date °7'85
MECHANICAL PERMIt Permit No.
CITY OF EAGAN
Fee
fill in numbered spaces S/C
Type or Prinf legib/y T
'
ot.
2. Installation Cost
3. Job Address ' 120 ?'nnll`r1' Lot ?/Blk. Tract
--7
4. Owner =LLO DE V!?'T:
5. Contractor ' Y .:. ',:ELT.:
Phone 5-6
6. Address
ry
7. City State Zip
8. Building Type: Residential 0 Commercial ? Institutional ?
9. Work Description: New 13 Add ? Alter ? Repair ?
10. Describe Install htg. & air cond, Fuel Type ''t Gag -'--1"' • I
11.
No.
1 Equioment BTU - M. Ea.
Forced Air VCj100Ci No. Equipment CFM
A
H
Mfg. ir
andling:
_ Boilers
Mfg. _ Mech. Exhaust
Unit Heater
Mfg. Oth
1
Air Cond.36900O i3tu e,loc
ic er
- r?.ii• c, ?1
Mfg.
1 Gas, Piping Outlets
12. I hereby certify that the above information is true and correct, and I agree to
comply wiih all ofdinan?nd codes governing this type of work.
?
Signed : .?4 for
' Rough Final
. Inspections: Date Inspl` Date Insp.
This is your permit when numbered and approved.
Approved CITY OF EAGAN 454-8100
Receipt PLUMBING PERMIT Permit No,
, GITY OF EAGAN
Fee
fill in numbered spaces S/C
7 ype or Print legibly ? -
Tot. _ i :"
I 1. Date 3. Installation Cost
= 7
3. Job Addres1 0Vu0KwtC t- Lot t? Blkr Tract )_) :I-
4. Owner i iL; :.L? 5. Contractor ?? 1u v-?, Phone ! J ?
_ ..Z
6. Address _iJ I ,
? i
7. City 1' I 1 k State ?4\_i Zip A.i "1
8. Building Type: Residential El Commercial ? Institutional ?
9. Work Description: New)(I Add ? Alter ? Repair ?
10. Describe
I 11.
No.
i ( ! Fixtures
' Water Closet No. Fixtures
Cesspool/Drainfield
Bath tubs Septic Tank
Lavatory
Softner
' Shower Well
Kitchen Sink
Urinal/Bidet Otfier
? Laundry Tray
? Floor Dreins
Drinking Ftn.
? Slop Sink
Gas Piping Outlets
12. I here6y certify that the above information is true and correct, and I agree to
comply with all ordinances'and coges governing this type of work.
l , ?-
Signed : / ?- <-<4 f`or
' Rough - Final
. Inspections: Date Insp. ? Date Insp.
This is your permit when numbered and approved.
Approved CITY OF EAGAN 454-8100
CITY OP EAGAN C WATER SERVICE PERMIT
3830 Pibt Knob Road ;
P. O. Box 21 i99 PERMIT NO.:
Eagan, MN 55121 DATE:
Zoniny: No. of Units: -
Jev t
Ownar. L-ol 10
I
Address: WWRRI V
NG
Site Mdrcas:
Plumber:
Meter No.: d Connection Charge:
Size:
Readar no.: 0.3 N 4 73 at?- Permit Fee:
I Nr" to eaeply wifh the Cify of Eayan Surchorge:
Ordtnaner. Mlac. Charyes: e tv r
ToTal:
BY , 'f Onte Paid:
Dnte of In . Insp.:
!
ft ' &G
CITY OF EAGAN SEWER SERYICE PERMIT
3830 Pilot Knob Road 71
P. O. Box 21799 PERMIT NO.:
Eagan, MN 55121 DATE:
Zoning: 1 No. of Units: 1
Owner; ? ?Ilo Dev
Address:
Site Address: ?^•?'i': ".?.--I- e_)rive L11 F;1 -e:;n 'ill
Plumber. n - -- - - -
11-20-?34 47832
1 asm M eosolq wiNi fM Ciey ef Eata¦
Ordinaneq.
ConnecHon Charpe: 425.00 nd
Acaount Deposit:
Permlt Fee: y r `'
Surcho?pe:
Misc. Charqes:
Totol:
ey
Date of Insp.:
?
CITY OF EAGAN WATER SERVICE PERMIT
3830 Pilot Knob Road 5'! %, '
PERMIT NO:
P. O. Box 21199 ,
Eagan, MN 55121 DATE:
Zoning: =`1 No. of Units: r
Owrmr, &yllo Develooment
Address:
Sita /Wdress: Knoil RiJ.-,e ''r1.ve ?.l' ^ose Ilill
Plumber.
Meter No.: Connedfon Chorye: 47??.0? pc!
Siz
: AccouM Deposit:
e 1r.,,?
Reader No.: Permit Fee:
en
oF la
1
o
l
lth fM Ci1
M Surcharge: . 5 r ^(t
y
y
ayrM
my
q M
e 3
0
pdi Charyes:
Misc .
6
0 nd meter
nenCw. .
Totol:
B Date Poid:
y
Date of Insp.: Insp•:
CITY OF E R?SE HILL ADDITION
Addition
Owner
Lot 11
Streec 3720 Knoll Rii
Drive 0,,,e Eagan,
01
' Improvement Date Amount Annual Years Payment Receipt Date
STREETSURF.
1771, 1986 2874.29 574.86 5
STREET RESTOfi.
GRADING
SAN SEW TRUNK 1985 1- -H4
SEWER LATERAL
sew, ss w lats ser 1986 6089.26 1217.85 5
WATERMAIN
WATEF LATERAL
WATER AREA Y. 538.35 C00 48 11-26-84
STORMSEW TRK 1985 995.80 C009948 11-26-84
STORM SEW LAT
CURB & GUTTER
SIDEWALK
STREET LIGHT
Road Unit 260.00 1147832 11-20-84
WATER CONN. 470.00 12
"
BUILDING PER. n n
SAC
?
105
n
n
PARK
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?LL CONTRACTORS MUST BF LICENSED WITH THE CITY OF EAGAN
..'
? INCLUDE Q SETS OF PLANS,
CERTIFICATES OF SURVEY
p??,fGa? ? SET OF ENERGY CALCULATIONS
To Be Used For: ?j1?? Valuation: Date:
Site Address:? ?2.Z KNOLA-- f?-IVC-iE- D21VE- 102?000 00• •
Lot : (I Block : ?Sect/Sub : 9ME Erect _ _>( Occupancy : ? 3
Remodel: Zoning: R-I
Parcel #: Repair: Type Of Const: Q
Move: Length: 48
Demolish: Depth: 4S
Grade: Sq. Ft.:
owner: Enlarge: # Stories:
?`..C? .nG1EL,O?IM?TT-
Address: (j ?Q? ? N ?? E. Sp •
City/Zip Code: MPLS. ?Mf4 5,'Y4
Phone # : 65a- ?j6615
Contractor: owoEz-.
Address:
City/zip Code:
Phone #:
Arch. /Eng : V-(Jc-S&4-? ?OIME N6lCs? o
Address: Qq4c) ??.6 N61 U?c,iVE
City/Zip Code: EbI NAr 'rJ54?7S
Phnnc+$ -
-
Assessments: Permit: 4-40•so
Water/Sewer: Surcharge: 51,5-1
Police: Plan Rev.: 220•?`
Fire: SAC:
Engr. • Water Conn: 4-10.!5
Planner: Water Meter (c;?3.
Council: Road Unit:
Bldg. Off.: -? Parks:
APC -
Variance: ? p? ? / ?
I 3? 3G =?Dc? O 1C S q- ? Z I OCo O
2DX ` b = Ic9o t? 5? " SG40
?7 12.
24x Z3 = 552x I? ? ?o?Z
II ? i3 I?3 x 4? - ?g?3
Ica ?c c? " ? 2- ? x ?? ? 524 0
_---
IC?ZC? l'3
V
CITY OF EAGAN N° . 9734
3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121
PHONE: 454-8100 ?
? ?
BUILMNG PERMIT Receipt # .?•.
To 6o uted for SF DWG/GAR Est. Volue $103, 000 Date NOVEMBER 20 1 y 84
SiteAddress 3720 KNOLL RIDGE DR Erect C?f Occupancy R3
Lot Bbck 1 Sec/Sub. ROSE HILL Remode6 ? Zoning.
Parcel No. Repair ? Type of Const.
Enlarge ? No. Storie
? Name KY .T O DF.V .T?.p M.NT Move ? ?
Length
? Address 8100 P ENN AVF. SO Demolish ? Depth
MP7
S 888'3663 Grade ? Sq. Ft.
.
City Phone
o Name SAME
it.-
u
Address
r City Phone
'
?W Name RTTG$F.T.T. Hl1MF. 1
]F.STCN
_? Address 4940 VTKTNf- ilR
?W City ELIINA Phone
Approvols Fees
Assessment
Water & Sew.
Police.
Fire
Eng.
Plonner
Council
BIdg.Off.l1 2 84
APC
Var. Date
Permit i? `+`*v.:)v
Surchorge 51.50
Plan check 2 2 0. 2 5
SnC 525.00
Water Conn. 470.00
WoterMeter 63.00
Rood Unit 260.0?
a.wnf ( cop y )1 . 00
rotei $2, 031.25
I hereby ackrrowledge that 1 have read this opplicotion ond state that
ble
the inlormotion is correct Nvoxx_
Stote of Minnesota Stotute SipnMure of Permittee
lding Permit i: issued to: KYLLO DE LOPMENT
A Bui
all'work shoil be done in occordonce I oll a lick6l ate ?F Mi r
Building Officiol
on tha express cwdition that
Srotutes ond City of Eagan Ordinances.
This request void
??` 1 --77
months from ? v ? Zy
lRlqS Ll I 6
Request Date
a I? - Fire No. Rough-in Inspectfon
Reqyired? oReady Now ?Poiil Notifv.InsOec=
Z
u r s ?es ? No ?or When Iteady
05_Licensed Eleclrical Contractor 1 hereby raquest inspaction ot above
? Owner ? electrical work imtalled ai:
Stregt Address, Box or Route No. City
ecuon o. Township Name or No. Range No. County
J4160IrP
Occupant(PRINT) -
le
C Phone No.
-Y LW
OP4) 7-
Pbwer Supplier
Address
P-?-a
I t-Ar???G-1-0,J
Electrical Contrac[or (Company Name) . Contrector's License No.
6<-u- P,?SZS -L
Mailing Address (Contracior or Owner Making Ins[ailation)
Vta 6. Cuff- rjoAD
Auffiorized Sign re(C ntractodOwner'Making Installation) Pho?Number
?i?•?S`o5
MINNESSTq STATE BOAND OF ELECTRICITV THIS INSPECTIOM BEQUEST Wlll. NOT
Gr:ggs-Midway Bld9. - Room N-191 BE ACCEPTED BY 7HE STp7E BOARD
1ffi7 University Ave., St. Paul, MN 55104 UNIESS PROPER INSPECTION FEE IS
?-••nre (6y2) Zg7-2111 ENCLOSEU.
1 REQUEST FOR ELECTRICAL INSPECTION E O0°01/?
' See imtruotions for completim,? this fam on 6ack of Yellowr cop?•
"X" Below Work Cavere-dhy Th;s Req,.esr
B1619 5 '
Add Rep. Type ol Builtli.g AppliaMea Mired Equipment Wired
Home Range Temporary Service
Dupiex Water Heater Lighting Fixtures
A t. Building Dryer Electric Heatin
Commercial Bldg. Fumace Slo Unloader
Industrial 81dg. Aii Conditioner Bulk Milk Tank
Farm Ocher pPCi v oiner (Spedty)
? t r Specifv Other Qther
Comnute InsoecUOn Fee Be/aw
Y Fee ServiCe EntranceSiie # fae FeederS/Subfeeders # Fee Circuits
0 m 200 qm s 0 to 30 qm s ? a to 30 Am
Above 200 qmps' 31 to 700 qmps 31 to 100 Amps
Swimming Pool - Above 100-Amps Above 100_Amps
Transformers Irtigation Boons l lsti ,-rj Partial-'Other Fee
higns SpeciallnspecLOn
nema.ks n''S 1e J3 ' ^ TOT ?
1'J 1
1 YO`'I
? ? ? ?s ctor. hereby
rlify Ihat tha above
?:iii q?impection has been
?l' I?? aade. .
fAbrequest roitl
This request void ?
18 nth rom ?
B ?3 5 ?? 8 L l l
_
Request te -
? "Fire No. Rough-fn InSpectfon
Re ?red?
?? ?
Ready Now lgfWill Notify InsPec-
Wh
o
H
`1Ces ?No r
en
eady
Micensed Eleclrical Contractor - I herebV requesi inspec6on of above
LJ Ownek electrical work installed at:
Stree[ Address, Box or Route No. ? City
ecLQw o. Township Name or No. qange No. Coun[
y
. , /
)
'C%?/L C/ ? ?.J?
Occ? IPRIN7) .
2 Phone No.
LL-a (
co ,r.-0?-?
Power 5 lier Address .,
Elec - 1 Contrac
i
r (Company e)
o Conira
or
"s
License No.
y
?
.
CI??W?L' ?
j
? n
^7
i' . ?d/U ^L?
MWiling Address (Coatractor or Owner Making Insta' aifonl
' ?
Sig u(ConVactor r Makinglnsialta ion)
9ed Phone Number .
---s-? ? S
/ MI OTA 5TpTE BDA OF ELECTRICITY
nggs-IAidway Bldg. - m N-797
1827 University Ave. . Paul, MN 55704
Phone (6121 297-2117
THIS INSPECTION REQUEST WILL NOT
. BE ACCEPTED 8Y TME STp7E BOAfID
UNLESS PROPER INSPECTION FEE IS
ENCLOSED.
3 REQUEST FOR ELECTRICAL 111SPECTIOPI Ee`00001-04
? ' See instructions for comDlejA.M this Tprm on back of yellow copy.
""ll'" Below Work Co`vered by This Request
23918
Hdd Rep. Typ9 ei Buildine Apoliances Wirad Equipmenl Wired
? Home nge Temporary Service
Duplex Water Heater ightm,y Fixtures
Api. Building Dryer Electric Heatin
Commercial Bldg. urnace Silo Unloader
Industrial Blda. Afr Conditioner Bulk Milk Tank
IISDBCIl0I7
M e Service Entrance5ize k Fee FeederslSUbfeeders k Fae Circuits
0 to 200 Am s 0 to 30 Am s Q7 0 to 30 Am os
Above 200 qmps
I
d 31 to 700 Amps 31 to 100 Amps
Swinuning Pool Above 100-Amps Above 100_Am '
Transfortners I frrigation Boorris ? Partial•'Other Fee
?I I Signs I I iSpecial Inspeciion 1S ?`,, ?ITOT r E E `?
Rerrerks f??' S' ? ? 1 ?J1
s ?
y..-...
%
..._.
' J
e
1N-'J
?j
Final /? '{ \
r ) r ,;?.? -:. f? rtHy t AbovB
ction has Aeen
I:de
void
RESIDENTIAL
BUILDINC PERMIT APPLICATION
CITY OF EAGAN
3830 PILOT KNOB RD, EAGAN MN 55122
651•681-4675
New Construction Reauiraments
• 3 registered site surveys showing sq. R. of !ot, sq. ft, of house; and all roofed areas
(20qo maximum lol coverage allowed)
• 2 copies of plan showing beam 8 window sizes; poured found design, e1c.J
• 1 set of Energy Calculatans
• 3 copies of Tree Preservatlon Plan it lot platted after 711/93
. Rim Joist Detail Options selection sheet (bldgs with 3 or less units)
DATE I0'" 2-9 - 0 2
SITE ADDRESS 3D 2C) Vl1`L6C( RC4' fL L MULTI-FAMILY BLDG _ Y _ N
TYPE OF WORK_`?? ?A- G'? eqQ- fiREPLACE(S) _ 0_ 1_ 2
SELA ROOFING & REMODELING. ii•
APPLICANT 4100 EXCELSIOR BLVD.
STREET ADDRESS ID #0001050 C(P( STATE ZIP
TELEPHONE #CELL PHONE #
.-?
FAX #
PROPERTY OWNER ?l tsL.? ?t Q.?' TELEPHONE # CoS(-L-(S(o
COMPLETE FOR "NEW" RESIDENTIAL BUILDINGS ONLY
Energy Code Category _ ?fIVN1:S01':1 R["I,I:S 7670 C.?1"CEGORl' 1 ?fI?NESO"f.1 RL LES 7ti72
(d submission type) • Residential Ventila6on Category 1 Worksheet Submitted • New Energy Code Worksheet Submitted
• Energy Envelope Calculations Submitted
Plumbing Contrcctor: _
Plumbing systcm includes:
Mechanical Contractor:
NIcch<viic.il ,vstcm includcs
Sewer/Water Contractor.
Water Soltener ?
_ 'Water Heater _
No. of Baths
_1ir Conditioniiig
Hcal Recovcr}• Systcm
Phone #
Fec: 570.00
I hereby acknowledge that I have read this application, state that the information is c rrect, and agree to comply
with all applicable State of Minnesota Statutes and City of Eagan Ordinances.
r
Signature of Applicant
OFFICE USE ONLY
RemodellReoair Reauirements
• 2 copies of plan
• 1 set of Energy Calculations (or heated additions
• i site survey for extenor addi6ons & decks
• Indicate if hame served by septic system for additions
VALUATION A5I 7 S
r
_ Phone # .
Lawn Sprinkler
\ o. oF R.I. Baths
Phone #
1a`?_ as
Fee: S90.00
Certificates of Survey Received _ Tree Preservation Plan Received _ Not Required _
Upda[ed 4/02
,.
? 01 Foundation
? 02 SF Dwelling
? 03 01 of _ plex
? 04 02-plex
? 05 03-plex
? 06 04-plex
OFFICE USE ONLY
? 07 05-piex ? 13 16-plex
? 08 06-plex ? 16 Fireplace
? 09 07-plex ? 17 Garage
? 10 OB-piex ? 18 Deck
O 11 10-plex ? 19 LowerLevei
? 12 12-plex Plbg_Yor_N
13 20 Pool
? 21 Porch (3-sea.)
? 22 Porch/Addn. (4-sea.)
? 23 Porch (screened)
t] 24 Storm Damage
? 25 Miscellaneous
? 30 ACCessory Bldg
O 31 Ext. Alt - Multi
? 33 Ext. Alt - SF
? 36 Multi
? 31 New ? 35 Int Improvement ? 38 Demolish (Interiar) ? 44 Siding
? 32 Addition ? 36 Move Bldg. 0 42 Demalish (Foundation) ? 45 Fire Repair
? 33 Alteratlon ? 37 Demolish (Bidg)' ? 43 Reroof ? 46 Windows/Doors
? 34 Replacement `Demolition (Entire Bldg only) - Give PCA handout to applicant
Valuation Occupancy MClES System
Census Code Zoning City Water
SAC Units Stories Booster Pump
Nbr. of Units Sq. Ft. PRV
Nbr. of Bldgs Length Fire Sprinklered
Type of Const Width
REQUIRED INSPECTIONS
_ Footings (new bldg) _ FinallC.O.
_ Footings (deck) _ Fina]/No C.O.
_ Footings (addition) _ Plumbing
Foundation HVAC
Drain Tile Other
Roof _ Ice & Water _ Final _ Poo] _ Ftgs _ Air/Gas Tests _ Final
_ Framing _ Siding Stucco Stone
_ Fireplace _ R.I. _ Air Test _ Final _ Windows (new/replacement)
_ Insulation _ Retaining Wall
Approved By
Base Fee
Surcharge
Plan Review
MClES SAC
City SAC
Water Supply & Storage
S&W Permit & Surcharge
Treatment Plant
Plumbing Permit
Mechanical Permit
License Search
Copies
Other
Total
Building Inspector
,
?
4
' i 2,8
CITY QF EAGAN
APPLICATION FOR PERMIT
SEWER AND/OR WATER CONNECTI0iN1
(P ASE PRIHi)
1) PROPF.F2TY ADDRESS : D C( 0 I t,
r•Frar• DZSMLPTICN:
(Ip t/Block/Subdivision or ax Parcel I.D. Ntarber)
? ..I^r :G ST!?i;CT!,':LS, Drl'TT' 0?' ORTG-IAL :-Ii.:Ii:G .?_?Im TCS?? '\
. ;C:..:
/ ? - -•-_ , -???,
-
PPESL;I' --.^.`7Iir/P??OPOSED L'SE_ a S.-l?= r
P?_ILY
LY ..--1
.
? P-Z DUPLW: (7'.'0 L'MITS)
? R-3 ZC,7ii??CC?cg mc.?., .? --? 1
(_ L• ?115) r ?
J?1I_m ..)
El 3-4 [-^-: ,R'I=T/CC: zCi•SI I;,til { [1NITS )
? CC?n1?CL?I,/RET?I.,/Cr:'I?'
? ?,'DUS i?.?L
? 1.%7STI=IO:IAL/G^V?`?T:?,`T
2) APP=7?iT ^EASc PRItiT)
G //40
ADD.RE55: Q ? ?-
CIi"_', STAT'E, ZIP:
PHOiNE: OJ??-?So??S
3) PLumBER NANE, (PLEASXARINf) FOR CITY USE O41Y
ADDRESS:
ff /i PLERS LICEYSE:
r p
ti
CITY, STATE, ZIP:
IVI-t A S 3 3 t
ve
0 Expired
PHONE: -7 ?tcn ,A
??- G PLl1M8ER LICENSE Q Not of Record
atr nitia
q) pCCti*pANT/aZTER NRNIE tYLCNZG rninI)
:
ADDF2ESS:
CITY, STATE, ZZP:
PHONE:
S) INpZG'1TE WHICFI PERMIT IS BEING REQUESTED:
? CO:INECrION T'J CITY SE,TrTER
coNrEcrzev TO czTY «TER
? CJ"iIIER (PI.EASE DESCRIBE)
b} 1L.D1Cii11: C.`E:
7) SIC!=RE:
? PLE7.SE F?OLD APPRC7VID PER%LIT FOR PICI:-L'P BY ONE OF ABG'VE
PLFIISE hnr1lL APPROVED PER.%LIT TJ 1, 2 3, 4 AFOIE
? i? (Circl one)
/
DATE: ? (J 'x
„ .
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PER^'!IT '-` ISSUED
F°ES ; $ 1 B S- p
$
$
$
$
$ A.5' -v?
$
$
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SEv ncc2nIrm (I`IC.T.JL?. JUP.CT4?RGE)
WATER PE:211IT (INCiuDE .^-,liRCHAaGn)
WATER METER/COPPERHORN/OUTSZDE READER
WATER TAP (ZNCLUDE CORPORATZON STCP)
SE;vER TAP
''_' ,?GS' - ---.=Z
ACCOUNT DFP05IT - PiAT°R
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TRliNK WATER ASSES52?E:IT
TRli:1K SEtivER r15SESSiIE:iT
LATERAL BENEFIT/TRUNK SE:dER
LATERAL BENEFZT/TRUNK LVATER
OTHER '
$
$ 7/• ?a
TOTAL
AMOL'NT PAIDjqECEI2T 4 tS D--?3
DOES UTZLZTY CON[VECTZON REQUIRE EXCAVATION ZN PUBLIC RIGi-iT OF WAY?
? YES ZF YES, THEN h"PERMIT FOR WORK WITHIN
? PUBLIC ROADWAY" MUST BE ISSUED BY THE
NO ENGZNEERZNG DIVISZON. LIST AS A CONDI-
TION.
SIIBJECT TO TFiE FOLLOti^7ING CONDITIONS: '
..
.
APPROVED BY:
TITLc:
DATE: ? f /.,- ??
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CITY USE ONLY
L 1? BL RECEIPT #:
SUBD. DATE:
1995 PLUMBING PERMIT (RESIDENTIAL)
CITY OF EAGAN
3830 PILOT KNOB RD
EAGAN, MN 55122
(612) 681-4675
Please complete for: ? single family dwellings
? townhomes and condos when permits are required for each unit
FIXTURES EACH NO. TOTAL
Shower 3.00 x =
Water Closet 3.00 x =
Bath Tub 3.00 x =
Lavatory 3.00 x =
Kitchen Sink 3.00 x =
Laundry Tray 3.00 x =
Hot Tub/Spa 3.00 x =
Water Heater 3.00 x =
Floor Drain 3.00 x =
Gas Piping Outlet * minimum - 1 3.00 x =
Rough Openings 1.50 x =
Water Softener 5.00 x =
Private Disposal * Dakota Cty. license 20.00 =
U.G. Sprinkler * hame under const. 3.00 =
AlterBtions " to existing 20.00
Water Turn Around 20.00
STATE SURCHARGE .50
TOTAL
SITE ADDRESS: HIflR
3720 KtiOLL P I Cu'E DR 1 UE
ERGFh , 55122
OWNER NAME: H 455-0387 taINSTALLER
STREET ADI
CITI':
FLYOD
STATE: ZI P:
L BL
SUBD.
OFFICE USE ONLY
RECEIPT
DATE:
1995 PLUMBING PERMIT (COMMERCIAL)
CfTY OF EAGAN
3830 PILOT KNOB RD
EAGAN, MN 55122
(612) 681-4675
Please complete for: ? all commerciaUindustriai buildings.
? multi-family buildings when separate permits are n2t required for each dwelling
unit.
DATE: CONTRACT PRICE:
WORK TYPE: NEW CONSTRUCTION ADD ON REPAIR
DESCRIPTtON OF WORK:
tS WATER METER REQUIRED? _ YES _ N0. IF SO, PLEASE PROVIDE THE FOLLOWiNG:
WATER FLOW: GPM. ARE FLUSHOMETERS TO BE INSTALLED? _ YES _ NO.
FAILURE TO PROVIDE THIS INFORMATION WILL RESULT IN A DELAY OF METER ISSUANCE.
WILL YOU BE IMSTALLING A METER FOR A FUTURE U.G. SPRINKLER SYSTEM? _ YES _ NO.
IF SO, YOU MUST APPLY FOR A SEPARATE U.G. SPRINKLER PERMIT.
FEE: $25.00 minimum fee or 1% of contract price, whichever is greater. State surcharge of $.50 per
$1,000 of ermit fee due on all permits.
CONTRACT PRICE x 1°k
STATE SURCHARGE
TOTAL
SI°fE ADDRESS:
TENANT NAME: STE. #
OWNER NAME:
INSTALLER:
ADDRESS:
0') 0I1@k" MO,W00601
CITY: M7-"STATE: ZIP:
PHONE #: Mt? ?? ci. ? o. ,0.?1SARE:
APPLICANT
OFFICE USE ONLY
IIUIETER SIZE: 11 DATE: INSPECTOR:
?Y
FLOYD A. HIAR
; 3720 KnoIL Ridge Drive lSt. Paul, MN 55122-3139 • Phone (612) 456-0387
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?
December 10, 1997
Mayor Egan and Council Members
City of Eagan
3830 Pilot Knob Road
Eagan, MiV 55122- 1a97
RE: Littering
Dear Mayor and Council Members:
Litter is a continually growing problem in our city.
I believe that inadvertently development policy affecting single family neighborhoods is
contributing to the littering problem. Please take a look at the residential lots for sale
on the west side of Blackhawk Road between Monterey Lane and Robin Lane. These
lots have been for sale for more than a year. The developer placed decorative
mailboxes and newspaper tubes on the lots almost immediately after the For Sale signs
were erected. I believe the mailboxes are a form of subliminal advertising by this
residential developer. The mailboxes might be considered similar to bus benches with
advertising that have recently been discussed before the city council.
As a result of these boxes being in place, the local newspapers and all delivery
services are continually leaving materials in the tubes. Needless to say, there is a litter
prob9ern wiin rie-w3papers, fiiers, Et:;., CiGVYifig c3rOUnd ii"ie aiea aind Spiiiiny Gr3iu tile
street. I also believe newspapers, etc. are mischievously being pulled from the boxes
and thrown onto Blackhawk Road.
I recently noticed that the new residential development on the old Murphy Farm
property has also installed decorative mailboxes. I'm sure the developers will respond
that th2y are being courteous and trying to improve the aesthetic appearance of these
new developments. It sounds quite noble, but the reality is that the boxes are
contributing to the city's litter problems.
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-city of eagan
TO: THOMAS L. HEDGES, CITY ADMINISTRATOR
FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: JUNE 29, 1995
SUBJECT: BLUE CROSS ROAD - RESPONSE TO COMPLAINT FROM FLOYD HIAR
¦ On street parking restrictions - Blue Cross soccer fields
¦ Sky Hill Park - Pedestrian crossing
With the recent reconstruction of Blue Cross Road, City staff coordinated with both the Parks
Department and Blue Cross representatives to determine the appropriate restrictions needed
for on-street parking. Blue Cross/Blue Shield requested that on-street parking be prohibited
from 6:00 A.M. to 6:00 P.M. Monday thru Friday to help encourage their employees to park
in the intemal parking lots.
Blue Cross Road is constructed as a 44-foot wide street which is adequate to accommodate
one lane in each direction and an 8-foot safety/parking lane. However, at major intersections
the parking/safety {ane is deleted to provide for designated left turn lanes. The Street
Maintenance Division has installed the appropriate parking restriction signs to inform the
public where and when parking is permissible. In addition, in the next 30 - 45 days, we will
reiriforce the parking restriction areas near Yankee Doodle Road by painting the curbs yellow
to better identify those zones to the public and assist the Police Department in enforcement.
The Parks and Recreation Department felt that it would be beneficial to their recreation
programs to provide on street parking near Sky Hill Park and the Blue Cross soccer fields.
We do not recommend relocating the existing marked pedestrian crosswalk of Blue Cross
Road at Ashbury Drive further to the west near the entrance to the Sky Hill parking lot. Its
present location at a full street intersection is more compatible with the trail way system and
the main entrance to the Blue Cross parking lot. Opposite Sky Hill Park creates a mid-block
crosswalk which is not recommended.
I have had several discussions with Mr. Hiar and have met with him on the site to further
discuss these on street parking concems prior to your receiving his mast recent facsimile on
June 20 and June 21, 1995 (copies enclosed). Mr. Hiar does not concur with the actions and
responses provided to him to date as he feels that all parking should be restricted at all times
on Blue Cross Road. I believe that limited on street parking on Blue Cross Road can be
properly accommodated according to its present design.
If you would like further information or response, please let me know.
Director of Public Works
TAC/cb
cc: Pat Geagan, Chief of Police
Ken Vraa, Director of Parks and Recreation
Attachments: 2 Facsimiles
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MEMO TO: TOM HEDGES, CITY ADMIIVISTRATOR
FROM: JOHN K VONDELINDE, SUPERINTENDENT OF PARKS
DATE: DECEMBER 2, 1992
SUBJECT: TURF FSTABLISHMENT - FLOYD A. HIAR PROPERTY
Following our meeting with Mr. Floyd Hiar on Thwsday, October 29, I contacted Ms. Sharon Hills with the city's
attomey's office concerning the nature of our meeting and it's outcome. I informed Ms. Hills that the City of
Eagan was interested in seeking a Continuation for Dismissal of this case in district court, until the spring of
1993, pending the satisfaction of erosion control measures on the Braun property that were pointed out duriug
our meeting with Mr. Hiar.
In a pre-trial conference on November 25th, Ms. Hills offered Mr. Hiar a Continuation for Dismissal. Much
to our surprise, Mr. Hiaz asked that this issue proceed to court trial. Pursuant to a letter from Ms. Hills to the
Clerk of District Court, I have been informed that this court trial is scheduled to be conducted in the near future.
A copy of that letter is a[tached for your reference.
In light of this development I have asked Ms. Hills to meet with Mike Foer[sch, Steve Hanson and myself in a
pre-trial meeting to re-examine the situation involving the dispute between Mr. Hiaz and his neighbor Mr. Braun
at 3710 Knoll Ridge Drive. My purpose in requesting the meeting is to ask Ms. Hilis to investigate the city's
legal jurisdiction and responsibility over the issue of erosion and the erection of the retaining wall, as well as any
previous commitment the city may have made to t6is issue in light of the $1,000 surety bond that was being held
against Mr. Braun in 1988. This will not only be a good opportunity to discuss the city's overall involvement and
strategy concerning this issue, but also prepaze those staff inembers who may be asked to testify at the trial.
As a result of this development and the uncertainties surrounding the city's past involvement, I felt it would be
most prudent to reserve making any written response to Mr. Hiar until further information and direction is
obtained from the city attorne}'s office.
If you ha any comments or concerns regarding this issue or feel it appropriate to respond to Mr. Hiar prior
to the c ; jury trial, please be sure to let me know.
of Parks
JKV/nab
cc: Sharon Hills, Assistant City Attorney
Mike Foertsch, Assistant City Engineer
Steve Hanson, Assistant Building Official
Ken Vraa, D'uector of Parks and Recreation
Jim McGuffee, Pazks Supervisor
11
6b:hedges.337
SEVERSON, WILCOX & SHELDON, P.A.
T.ARRYS. SEVERSON•
.IAIYIF,S F. SAELDON
J. PATRICK WILCOX`
MICHAEL G. DOUGHER'I'Y'•'•'
MICHAF.L E. MOLENDA"
A PROFESSIONAL ASSOCIATION
ATI'ORNEYS AT LAW
600 MIDWAY NATIONAL BANK BUILDING
1300 WEST 197TH STREET
APPLE VALLEY, MINNESOTA 55124
(612) 432•3138
KENNETH R. HA1.L
"'SCOTP D. JOHNSTON
LOREN M. SOLFF.ST
ANNETTE M. MAHCARIT
""'EDVVIN R. HOLMES
DANIEL M. SHERIDAN
SHARON K. HILLS
KEVIN S. SPRENG
TELEFAX NUMBER 432-3780
• Also Licensed In Iowa
° Also Licensed In Wisconsin
`•' .llsu Licensed In Nebraska
ellso Licensed In CuliCornia
`°•• Certified Real Property Law Specialist. MSBA
November 30, 1992
Clerk of Court
Western Service Center
Division 5
14955 Galaxie Avenue
Apple Valley, Minnesota 55124
Re: City of Eagan v. Floyd A. Hiar
Court File No.: T2-92-67973
Dear Clerk:
OFCOUNSEL:
JOHN E. WKELICH
This office represents the City of Eagan in the above-referenced
matter which was scheduled for a pre-trial conference on November 25,
1992. At that time, this office and Mr. Hiar were not able to arrive
at a plea settlement and this matter was set on the jury trial
calendar.
This office is requesting that this matter be certified as a petty
misdemeanor and be scheduled for a court trial in the near future.
Enclosed is a Certification as a Petty Misdemeanor which needs to be
signed by a judge if he or she approves.
If i Qu have any s;uestions e?- conce?^ns, plpase dn not hesitate to
contact this office. Thank you for your assistance in this matter.
Very truly yours,
SEVERSON WILCOX & SIiELDON, P.A.
Hi l/ls
S Zo<n.
SKH:kag
Encl.
cc: Mr. Floyd A. Hiar
bcc: John VonDeLinde, Superintiendent of Parks
STATE OF MINNESOTA
COUNTY OF DAIiOTA
City of Eagan,
Plaintiff,
v.
Floyd A. Hiar,
Defendant.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Court File No T2-92-67973
CERTIFICATION AS A
PETTY MISDEMEANOR
The City of Eagan, through its attorney, hereby certifies that
the above-referenced offense should be prosecuted as a petty
misdemeanor as it is in the interest of justice that the defendant
not be imprisoned if convicted.
Sharon K. Hills
Assistant City Attorney
I.D. 202496
7300 West 147th Street
600 Midway National Bank Bldg.
Apple Valley, Minnesota 55124
(612) 432-3136
THE ABOVE-REFERENCED OFFENSE IS HEREBY CERTIFIED AS A PETTY
MISDEMEANOR.
Dated:
Judge of District Court
SEVERSON, WILCOX & SHELDON, P.A.
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
LARRY5.SEVER50N*
JAMES F. SHELDON
J. PATRICK WILCOX"
MICFLAEL G. DOUGHERTY****'
rifICIIAEL E. MOLENDA"
600 MIDWAY NATIONAL BANK SUILDING
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124
(612) 4323136
TELEFAX NUMBER 432-3780
' Also Licensed In Iowa
" Alsu Licensed In Wisconnin
"' Alsu Licensed In Nebreska
"" Also Licensed In Californfa
***" Ce[tifted Real Propercy Law Specialist, MSRA
December 18, 1992
Gary G. Fuchs
Eagandale Office Center, Suite 317
1380 Corporate Center Curve
Eagan, Minnesota 55121
Re: City of Eagan v. Floyd A. Hiar
Our File No.: 206-10551
Dear Mr. Fuchs:
"???%?
?
KENNETH R.HALL
"*SCOTT D.JOHNSTON
[AREN M. SOLFEST
.SNNETTE M. MARGARIT
"t*'EDWIN R. HOLMES
DANIEL M. SHERIDAN
SHAAON K. HILLS
REVIN S. SPRENG
G-?
? tiEC 2 1 1092
OFCOLIVSEL:
JOHN E. VUKELICH
I am writing to advise you that the prosecution will move the court
for an order to dismiss the above-referenced matter. Because the
prosecution has encountered witness concerns with respect to proving
all elements of the offenses, the prosecution has determined that, in
the interest of justice, the charges should be dismissed.
The City wishes to express its appreciation to Mr. Hiar for his work
in complying with the ordinance thus far, namely establishing
turfgrass on the south side of his driveway. Additionally, the City
appreciates Mr. Hiarts efforts in working with the City to resolve
the turfgrass issue.
T1?rauc*h several communications between Mr. Hiar and City staff
members and, in particular, Mr. Hiar's September 17, 1992, letter to
the court, Mr. Hiar has conceded that his property is not in
compliance with the turfgrass establishment ordinance. Despite these
concessions, Mr. Hiar refused to meet the requirements of the
ordinance because of a purported erosion problem from the neighboring
property. In light of Mr. Hiar's admissions and the completion of the
neighbor's retaining wall, the City intends to continue to monitor
Mr. Hiar's efforts in establishing suitable turfgrass and abating
noxious weeds in accordance with Eagan ordinance. Please advise Mr.
Hiar accordinqly.
I6
Page 2
Letter to G. Fuchs
December 18, 1992
If you have any questions or concerns, please do not hesitate to
contact me.
Very truly yours,
:SE Rs , WILCOX & SHELDON, P.A.
;?.--7 A
ron K. Hills
SKH:kag
cc: Tom Hedges, City Administrator
Mike Foertsch, Assistant City Engineer
John VonDeLinde, Superintendent of Parks
P
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City of Eagan
September 22, 1992
Page 2
On Tuesday, September 15, na one ever showed up for the meeting
or contacted me at any time during the day.
On September 16, 2 contacted Jon Von de Linde again. He
commented that he had been instructed not to meet with me and
that he could not send the letter previously referenced.
At this point, I called Sharon K. Hills, the prosecuting attorney
identified on the Summons. We discussed the problem of my
neighbor's property and the issu.e of the ci.tation at length. I
requested and encouraged her to meet me and look at the problems
caused by my neiqhbor's property.
She indicated that Z needed to establish turf grass on the south
side of my driverway in order to bring my property into
compliance with the city's ordinance. The attached copy of
correspondence dated September 17, 1992 to the District Court
describes what has taken place at my property and restates my
position with respect to the city's turf grass ordinance.
I have worked with the city in the spirit of cooperation in
attempting to get this issue of my neighbor's property resolved.
It appears that the city does not care about my family or my
property, rather its only worried about an ordinance. I am very
disappointed and upset that a Summons has been issued and that
the city is usinq the Court's time, the city attorney's time, my
valuable time, and spending taxpayer monies in the manner it has
chosen.
Very sincerely,
A -` 4 11?-
Floyd A. Hiar
FAH/es
FLOYDA. HIAR • 3720 Knoll Ridge Drive • St. Paul, MN 55122-3139 • 6121456-0387
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September 17, 1992
State of Minnesota
County of Dakota
District Court - Division 5
Western Service Center
14955 Galaxie Ave.
Apple Valley, MN 55124
RE: Summons Number 62872, dated 9-1-92. Residence at 3720
Ridge Drive, Eagan 55122. Residence cited for failure
establish turf grass. Eagan City Code Section 10.21,
To the Court:
Knoll
Subd. 2.
In regard to the above referenced complaint, I respectfully submit
the enclosed photograph of work in progress at my residence. This
work will bring my residence in compliance as my obiigation has been
described by Ms. Sharon K. Hiils, Prosecuting Attorney, during a
phone conversation on September 16, 1992.
For the record, I have refrained from landscaping my yard to date
because my neighbor's yard and the fill soil used to bring their
yard up to buildable grades continues to erode and creep onto my
property. Whatever l do to comply with the above referenced citation
at this time will need to be undone when my dispute with my neighbor
is resolved.
The contruction of my neighbor's property was Permited by the City
of Eagan. Over the last year, I have obtained estimates to landscape
my yard ranging between $7,000 to $10,000, but not one of the
landscapers were willing to stand behind their work because of the
threat of damage to the landscaping resulting from soil erosion or
soils creeping from my neighbor's improperly filled and graded
property onto my property.
I have made repeated attempts to meet with City Officials regarding
this matter to no avail. Last week I discused this matter with the
City Administrator and subordinates. Letters which were promised
were not mailed and meetings which were scheduled at my property
were canceled abruptly:
? I am only undertaking the establishment of turf at my residence at
this time in order to comply with the above referenced citiation,
? but under no circumstance am I, by action or implication, relieving
? the City of Eagan?from liability for issuing a building permit to
`,grade and construct of my neighbor's home or for bringing this case
case to court.
?
,
;
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Floyd Hiar
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/ Thomas Hedges
?? City Administrator
?0 City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
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Thank you for using
Return Receipt Service.
t .4?
MEMORANDQM
TO: John VonDeLinde, Superintendent of Parks
FROM: Sharon K. Hills, Assistant City Attorney
DATE: September 25, 1992
RE: Turfgrass Violations
Our File No. 206-10551
I am writing this memorandum to keep you advised of the status of the
turfgrass violation cases. In the mid morning of September 24, 1992,
LeRoy Berg and I visited tne five properties for which its cwners are
criminally cited for turfgrass ordinance violations. LeRoy also took
me to the Otte's property.
The first property we inspected was 1385 Braun Court, owned by Mr.
and Mrs. Colin Jones. While at the property, I took four photographs
of the front yard. During this viewing, I came in contact with Mrs.
Jones. From the beginning of our conversation, she was very defensive
and stated that LeRoy told her that she was no longer in violation of
the turfgrass establishment ordinance. She stated that LeRoy wrote
this statement on the back of an Eagan envelope. LeRoy denied writing
that statement but stated that he wrote there was no longer a weed
violation. Mrs. Jones went into her home to retrieve the envelope and
returned outside to show me. Indeed, on the back of the envelope it
stated, "turfgrass has heen taken care of. .." and signed by LeRoy
Berg. Needless to say, LeRoy was quite surprised by what he read and
attempted to explain to Mrs. Jones that he meant to write that the
weeds, not the turfgrass, are taken care of. Mrs. Jones would not
listen to LeRoy; she only continuously called him a"liar."
Mrs. Jones also complained that no one from the City will work with
her and I assured her that we are more than happy to work with her to
resolve this issue. I explained to her that to resolve this issue she
needed to establish suitable turfgrass. She claims that what is
present in her yard at this time is suitable turfgrass. I suggested
to her that perhaps you and I could meet with her and her husband to
discuss what needs to be done to take care of this matter.
The next property we visited was 3720 Knoll Ridge Drive, owned by
Floyd Hiar. Again, I took photographs of the property. The most
noticeable violation of the ordinance is the area to the right of
Hiar's driveway. This section of property, running almost as long as
the driveway is bare dirt, without any type of vegetation.
The third property we visited was 4875 Safari Pass owned by Michael
Moser. The area in question is in the back yard near the property
line of his neighbor at 1965 Safari Trail. Presently, it appears as
though Mr. Moser is installing a block retaining wall along the
property line. The area in which the erosion problem stems is full of
weeds, rocks and some bare ground.
The fvurth property we visited was 586 Allan Lane, owned by Doris
Gantt. I am happy to advise you that this property is now entirely
covered with established turfgrass. Due to Ms. Gantt's compliance
with the ordinance, the criminal citation will be dismissed by our
office.
The last property we visited was 907 Sunwood Court, owned by Gregorp
Harris. Again, I took photographs of the property. I am pleased to
advise you that Mr. Harris appears to be progressing steadily with
the establishment of his turfgrass. An irrigation system has been
laid in the front yard and appears to be ready to be placed in the
backyard. LeRoy informed me that this is a new development since his
last visit to the property.
If you have any questions or comments, please contact me.
SKH/wkt
cc: Tom Hedges, City Administrator
James F. Sheldon, City Attorney
LeRoy Berg, Assistant Weed Inspector
Ken Vraa, Director of Parks and Recreation
J
:ity oF engan
M UNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1697
PHONE: (612) 681-4600
FAX:(612)661-4612
MAINTENANCE FACIUTY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55722
PHONE: (612) 681-4300
FAX: (612) 681-4360
THOMAS EGAN
Mayor
SEPTEMBER 14, 1992
FIAYD HIAR
3720 KNOLLRIDGE DRIVE
EAGAN, MN 55122
Dear Mr. Hiar:
PATRICIA AWADA
PAMEIA McCREA
TIM PAWLENTY
THEODORE WACHTER
Council Members
THOMAS HEDGES
G8y Adminlnatrafor
EUGENE VAN OVERBEKE
CBy Clerk
City Administrator Tom Hedges has asked that I respond to you in regard to your concerns
over the turfgrass establishment ordinance and erosion issues affecting your property located
at 3720 Knollridge Drive.
As you are well aware, on September 1, 1992, tne City oi Eagan nad served upon you a
violations summons for failure to establish suitable turfgrass on your property. This citation
followed two previous written notices from the City Weed Inspector's office requiring the
establishment of turfgrass no later than May 21, 1992. These notices were in accordance
with Sections 7.08 and 10.21 of the City Code adopted in July, 1990. As you are also aware,
these violation notices followed several previous noxious weed violations and numerous
conversations between yourself and City staff during the past five or six years concerning
turfgrass establishment and weed control.
Based on my discussions with Mr. Hedges, it is my understanding that you are reluctant to
pursue the establishment of turfgrass on your property pending the installation of a retaining
wall on your neighbor's p;operty ]ocated at 3710 Knollridge Drive. However, I would like
to point out several related circumstances that would not indicate the need for a retaining
wall prior to turfgrass establishment. First, based on my discussions with the City's
Community Development and Engineering Departments, the City has and continues to
maintain that the matter of the erosion and drainage is a civil issue between yourself and
your neighbor. The City has also been advised by legal counsel that it does not have a legal
basis to become involved in resolving a dispute with your neighbor concerning the
construction of the retaining wall. Second, I would like to point out that the City's request
for turf establishment on your property principally relates to the front and side lot areas and
not the rear lot area. The erosion that you are concerned about appears to be in the back
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWiH IN OUR COMMUNITY
Equal Opportunity/Affirritia#ive :action Employer
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lot area of your property and does not have any direct impact to the front or side lot areas.
Consequently, the issue of the retaining wall should have no bearing on the timing of
turfgrass establishment in these areas.
Again, I want to emphasize that the City's issue with turfgrass establishment is separate from
any dispute or conflict which you are having with your neighbor over the construction of a
private retaining wall. The City has been extremely patient in working with you towards a
resolution of the sodding of your property. We believe that we have followed all of the
proper procedures in executing the City's legal requirements and notification procedures.
By means of this letter, we wish to advise you that the City intends to continue to prosecute
this matter through legal means and, if necessary, to take action to establish suitable
turfgrass in accordance with the provisions outlined within the City's ordinance. If, on the
other hand, you choose to resolve this matter under your own initiative, through either
seeding or sodding of the lawn (before the issue is adjudicated), any plans for City-initiated
action will be reversed and dropped.
K. VonDeLinde
-intendent of Parks
JKV/sb
cc: 4om Hedges, City Administrator
Ken Vraa, Director of Parks and Recreation
Leroy Berg, City Weed Inspector
Sharon Hills, Assistant City Attomey
29wp:l;a,:252
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:ity oF eagan
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (512) 681-4800
FAX: (612) 661-4612
DECEMBER 4, 1992
r
SHARON K HILLS
ASSISTANT CIT'Y ATTORNEY SEVERSON, WILCOX AND SHELDON P.A.
600 MIDWAY NATTONAL BANK BUILDING
7300 WEST 147TH STREET
APPI.E VALLEY, MN 55124
RE: FLOYD HIAR PROPERTY
Dear Sharon:
THOMAS EGAN
Mayor
PATRICIA AWADA
PAMELA McCREA
TIM PAWIENN
THEODORE WACHTER
Council Members
THOMAS HEDGES
Clry Adminlnsirator
EUGENE VAN OVERBEKE
CIN Clerk
This letter is in confirmation of our telephone conversation on Tuesday, December 2nd.
As I mentioned to you, members of the city's staff recently met with Floyd Hiar in reference
to the issue of turf establishment on his home lawn located at 3720 Knoll Ridge Drive. At
the time of the meeting Mr. Hiar had completed sodding of that portion of his lawn south
of his driveway. I relayed to Mr. Hiar that he now needed to complete satisfactory turf
establishment on the front portion of his lawn between the driveway and his north property
line.
During our meeting, Mr. Hiar expressed his concerns over a number of issues related to the
Braun property d'uectly adjacent to his home on the north side. Among Mr. Hiar's concerns
are the relatively "high elevation" of the Braun home, drainage of the Braun property into
Mr. Hiar's basement, and the perceived failure of Mr. Braun to erect a suitable retaining
wall to prevent additional erosion onto the Hiar property. Mr. Hiar referenced previous
conversations and written correspondence with the City of Eagan and Mr. Braun's attomey
in reference to his dissatisfaction over the grading and retaining wall issues associated with
the Braun property.
It was evident during our on-site meeting with Mr. Hiaz that some additional work on the
Braun retaining wall will be necessary to prevent a continuing problem with a sma11 amount
1
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
MAINTENANCE FACILITY
3501 COACNMAN POINT
EAGAN. MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
Equal Opporfunity(Affirmative Actlon Employer
of erosion on to the Hiar property. Mr. Hiar has stated that he does not wish to proceed
with the establishment of a permanent lawn until the retaining wall is completed. He stated
that this must be a pre-condition to any grading and landscaping work on his own property
because Mr. Braun will need to gain access onto his property in order to build the wa11 in
a reasonable fashion.
As a follow up to the meeting with Mr. Hiar, I contacted Mr. Braun by telephone to discuss
his perspectives on the situation. He stated that he has had little or no cooperation with
Mr. Hiar since he first built his home and that he is not conversed with Mr. Hiar for at least
four years. He feels that he has constructed a sadsfactory retaining wall and does not agree
that any additional work needs to be done. But he did say that he would take another look
at the erosion situation and might possibly do some additional work in the spring. He made
it very clear that he felt Mr. Hiar had only accentuated the problem by lowering the grades
between his and Mr. Hiar's property shortly after Mr. Hiar built his home. He said that if
grades had been left as they were originally planned, the retaining wall would not have been
necessary and Mr. Hiar's property could have been landscaped long ago.
Clearly, this issues boils down to fundamental disagreement between Mr. Hiar and Mr.
Braun over a common lot line situation involving grading and erosion control. Mr. Hiar
doesn't wish to proceed until a satisfactory retaining wall is constructed. Mr. Braun feels
that he has gone ovt of his way to be a good neighbor to Mr. Hiar and that the retaining
wall is sufficient.
During our meeting at his residence Mr. T-Iiar made it ciear that ne was not taking issue wiin
the city over the turf establishment. He seemed to understand the intent of the ordinance
and stated that he was willing to comply once the issue with Mr. Braun had been resolved.
He said that he has bad a professional landscape plan prepared and that a number of
improvements will be made to his front lawn including grading, installation of trees and
shrubs, and an underground sprinkler system.
In light of the issues and disagreements concernin.g this problem, coupled with the city's past
involvement in resolving this dispute, I would like to enlist the assistance of the city
attomey's office in re-examining this case. Specifiically it would be helpful to know whether
the city has any legal jurisdiction over the issue of the grading and retaining wa11 placement,
and any expressed interest the city may have made in resolving this problem based on
previous communications and/or agreements with either party. As you may be aware, the
city had at one time obtained a$1,000 bond from Mr. Braun as a pledge of good faith to
follow through with the establishment of the retaining wa11s. This is reflected in the
correspondence from Mr. Braun's attomey which I believe was included in copies of the
parcel file conespondence which I furnished to your off'ice earlier this fall. In a recent letter
of correspondence, Mr. Hiar is now asking that the ciry cash the $1,000 bond out of
negligence on Mr. Braun's part in completing the retaining wall in a satisfactory manner.
2
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As we concluded during our telephone conversation, this does not appear to be a simple
matter of turf grass establishment in accordance wiW the city's ordinance. There aze other
issues involved that raise questions over the degree of the ciys jurisdiction, the appropriate
role of the city in resolving the retaining wall dispute, the need for clarification of any
previous city commitments (vis-a-vis the bond), and the relationship of the retaining wall
issue to the continued prosecution of NIr. Hiar over the turfgrass issue.
I'll look forward to meeting with you to review the files on the two properties and to discuss
any additional coordination that may be necessary in order to determine the best course of
legal ption on behalf of the city.
K VonDeLinde
7ntendent of Pazks
JKV/nab
cc: Tom Hedges, City Administrator ?
Tom Colbert, Director of Public Works
IViike Foerisch, Eissistant City Engineer
Steve Hanson, Assistant Building Official
Jim McGuffee, Weed Inspector
6b:hills.337
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411?dtV oF eagan
October 15, 1993
FLOYD HIAR
3720 KNOLL RIDGE DRIVE
EAGAN, MN 55122-3139
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City AdministraTor
Dear Mr. Hiar:
E. J. VAN OVERBEKE
Cify Clerk
Mayor Egan asked that I respond to your letter concerning
composting information in the most recent City newsletter. We
appreciate your concern and reviewed the matters you raised. Based
upon that review, it is apparent that the article in question is
not an advertisement as you suggest.
While Eagan is no longer in the yard waste composting business, we
are in the landfill abatement and waste reduction business. As
such, it is consistent with our purpose to inform residents of
readily available yard waste management alternatives.
As a member of the City's Solid Waste Abatement Commission, I am
certain that you are aware of the importance of educating the
public to break disposal habits and practice environmentally
sensitive alternatives. The same issue of the newsletter also
includes articles on lawn care, home composting and fertilizing.
These are also included as matters of information and not as
advertisements. As you are also aware, the City has made a
practice in the past of providing information regarding a number of
recycling and waste abatement alternatives, both public and
private.
The most practical aspect of providing this information in the City
newsletter is that regardless of our understanding of the
situation, the public always perceived the compost site at the
municipal center complex to be a City facility. Even this fall,
months after the operation was relocated to the Gopher site,
residents doing their fall yard work have been coming to the
municipal center as a matter of habit.
Fortunately, signage and inforn?ation from receptionists have routed
them to the new location. Were it not for the information in the
newsletter, it is my sense that many more people would have come
here. I expect that it will be appropriate to provide similar
information in a future newsletter issue as well when spring yard
work begins.
MUNICIPAL CENTER
3830 PILOT KN08 ROAD
EAGAN, MINNESOTA 55122-1697
PHONE: (612) 681-4600
FAX: (612) 681-4612
TDD: (612) 454-8535
THE LONE OAK TREE
THE SYM80L OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opporiunity/Affirmative Actlon Employer
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAXt (612) 681-4360
TDD: (612) 454•8535
With respect to the typographical errors you identified in the
product exchange article, I agree that they are unfortunate and
that closer proof reading and a spell check should have been done
on that item. I do not believe that these errors have any impact
on the City's tax rates which continue to be among the lowest in
the metropolitan area. What they do is allow us to improve. We
learn from small errors to do better in the future. These typos
seem minor in the context of the excellent information provided in
the entire waste abatement section of the newsletter.
I appreciate your concern for the quality of the information
provided to the public concerning our recycling program and waste
abatement alternatives. Upon looking into the matter, however, the
Mayor does not feel that this is a policy issue which requires
discussion at a Council meeting. Rather, we will direct our staff
to be more diligent in proofing articles before the newsletter is
published.
Thank you again for your time in sharing your observations with us.
Sincerely,
Thomas L. Hedges
City Administrator
TRASHTRAXsM
3720 Knoll Ritlge Drive • St. Paul, MN 55122-3139 o 6121456-0381
October 4, 1993
Mayor Egan and Council Members
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Dear Mayor and Council Members:
? - ----
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OCT 8 '
;.
? "_'--- --?-- ?
_ __----- ?
Is the.City of Eagan still in the yard waste compost business?
Does the City of Eagan charge for advertising in the Eagan ATews
which is sent to every resident of the city?
As a member of the city's Solid Waste Abatement Commission, it
was my understanding that when the yard waste facility adjacent
to City Hall was moved that the city's involvement with yard
waste composting terminated. According to Dakota County pblicy,
privatization of yard waste processing was to be implemented
throughout Dakota County. Please refer to page 12 of the
September 1993 issue of Eagan News. Am I mistaken, or is the
upper left-hand corner of page 12 a Want Ad soliciting services
while the costs of the Want Ad have been paid for by city tax
dollars?
Please refer to page 12 again under the heading "Free Product
Exchange Area." In the text of this section, note the following:
"APOZY" "The Plase to check out" "Dispose of propertly" and "his
method ..." *****
I believe that what you have just seen on page 12 of the
September issue of the Eagan News is a small example of why city
taxes continue to increase. I am requesting that the City
Council would discuss my correspondence at its next Council
Meeting. Additionally., I am requesting correspondence explaining
the city's involvement in yard waste composting and an
explanation of city policy regarding placement of want ads in a
publication paid for with the use of public funds.
Very sincerely,
Floyd A. Hiar
Printed on 100% Recycled Paper
?
4 ?
MEMORANDUM
TO: John VonDeLinde, Superintendent of Parks
FROM: Sharon K. Hills, Assistant City Attorney
DATE: September 22, 1992
RE: Enforcement of Turfgrass Violations
Our File No. 206-10551
As you may recall, I requested a couple weeks ago that you forward to
my office certain documentation regarding each of the five properties
of which the owners were cited for turfgrass violations. In
particular, I requested the following material:
1. All letters and correspondence sent by the City to each
property owner regarding this matter;
2. Documentation showing the dates on which each correspondence
was sent to the property owners (It is understood that the
initial letter sent to property owners in violation of the
turfgrass ordinance is an informational form letter; the
City does not retain a copy of the actual letter sent to the
property owner. Therefore, it is necessary that I receive
some kind of documentation showing to whom and when such
letter was sent, whether it be a computer record print out
or other type of recordkeeping);
3. Any and all photographs taken of the property in violation;
and
4. A summary from LeRoy Berg outlining his contact with each
owner and a description of each property.
Please forward these requested items as soon as practical.
In addition, in the event these cases go to trial, the City, through
you as a witness, must be able to articulate to a jury why failure to
establish turfgrass is a public nuisance (a threat to public safety,
health and welfare). Be advised that in order to be legally permitted
to give such testimony, however, your training and work experience
must qualify you as an expert on this subject. If you are not so
qualified, please advise me accordingly in order that I may make
arranqements for another witness to testify in this area.
l\
Finally, as you recall, we had a discussion regarding Collin Jones'
allegation that LeRoy Berg sent Mr. Jones a letter stating Jones was
no longer in violation of the turfgrass ordinance. You advised me
that you spoke with LeRoy who advised you that he sent no such
letter. I spoke with Jim Sheldon regarding our conversation and he
clarified that Jones does not allege that LeRoy sent him a letter;
instead, Jones showed Jim a City of Eagan envelope and on the back of
the envelope was a handwritten note, allegedly made by LeRoy, stating
that Jones was now in compliance with the turfgrass ordinance. I wish
to be in contact with LeRoy Berg before the next court appearance to
discuss this matter with him.
If you have any questions or concerns reqarding the matters discussed
herein, please do not hesitate to contact me.
SKH/wkt
cc: Tom Hedges, City Administrator
James F. Sheldon, City Attorney
RECEiVED DEC 15 M2
SEVERSON, WILCOX & SHELDON, P.A.
I.ARRYS.SEVER50N*
JAMES F. SHELDON
J. YA7'RICK WIGCOX*
MICHAEL G. DOUGHERTY****
MICHAEL E. MOLENDA"'
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A PROFE53IONAL A380CIATION
ATTORNEYS AT LAW
600 MIDWAY NATIONAL BANK BUILDING
7300 WEST 147TH STREET
AI'YLF. VALLEY, MINNES(YfA 55124
(612) 432-3136
TELF.FAX NUMBER 432-3780
' .a.18o LioenSEd In Iowa
" Also Licensed In Wisconsin
•° Also Licenaed In Nebraska
/ilso Licenaed In California
•"" CerLiGed Real Property Law Bpecialiat, M6BA
December 15, 1992
KF.NNE'PH ft. HALL
•"SCOTT D. JOHNSTON
IAREN M. SOLFEST
ANNETTE M. MARGAN:IT
*"'EDWIN R. HOLMES
DANIEL M. 9HERIDAN
SHARON K. HILLS
KEVIN S. SPRENG
Mike Foertsch, Assistant Director, Engineering
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55121
Re: City of Eagan v. F1oyd Hiar
Court Trial Date
Our File No. 206-10551
Dear Mike:
OFCOUNSEL:
JOHN E. VfJKELICH
I am writing to remind you that the above-referenced matter has been
scheduled for a court trial on December 23, 1992, at 1:30 p.m. at
the Dakota County Western Service Center in Apple Valley,
Minnesota. As we discussed, you will be on call to testify at this
trial. Please be available that afternoon for my call in the event we
need you to testify.
If you have a conflict with this date, please notify me immediately.
Thanks for all your assistance in prosecuting this matter.
Respectfully yours,
sEV sorr, wzLCOx
_11`
Sharon K. Iiills
SKH/wkt
& SHELDON, P.A.
cc: Tom Hedges, City Administrator
RECE1VED BEC 7 ?992
MEMO TO: TOM HEDGES, CITY ADMI1vISTRATOR
FROM: JOHN K VONDELINDE, SUPERINTENDENT OF PARIG4
DATE: DECEMBER 2, 1992
SUBJECI': TURF ESTABLISHMENT - FLOYD A. HIAR PROPERTY
Following our meeting with Mr. Floyd Hiar on Thursday, October 29, I contacted Ms. Shazon Hills with the city's
attorne}'s office concerning the nature of our meeting and it's outcome. I informed Ms. Hills that the City of
Eagan was interested in seeking a Continuation for Dismissal of this case in district court, until the spring of
1993, pending the sakisfaction of erosion control measures on the Braun property that were pointed out during
our meeting with Mr. Hiaz.
In a pre-trial conference on November 25th, Ms. Hills offered Mr. Hiaz a Continuation for Dismissal. Much
to our surprise, Mr. Hiaz asked that this issue proceed to court trial. Pwsuant to a letter from Ms. Hills to the
Clerk of District Cowt, I have been informed that this court trial is scheduled to be conducted in the aear future.
A copy of that letter is attached for your reference.
In light of this development I have asked Ms. Hills to meet with Mike Foertsch, Steve Hanson and myself in a
pre-trial meeting to re-examine the situation involving the dispute between Mr. Hiaz and his neighbor Mr. Braun
at 3710 Knoll Ridge Drive. My purpose in requesting the meeting is to ask Ms. Hills to investigate the city's
legal jurisdiction and responsibility over the issue of erosion and the erection of the retaining wall, as well as any
previous commitment the city may have made to tlus issue in light of the $1,000 surety bond that was being held
against Mt. Braun in 1988. This will not oaly be a good opportuniry to discuss the ciWs overall involvement and
strategy concerning this issue, but also prepaze those stafE members who may be asked to testify at the trial.
As a result of this development and the uncertainties surrounding [he ciWs past involvement, I felt it would be
most prudent to reserve making any written response to Mr. Hiar until further information and direction is
obtained from the city attorney's office.
If you ha any comments or concerns regarding this issue or feel it appropriate to respond to Mr. Hiar prior
to the c?, t jury trial, please be swe to ]et me know.
of Parks
JKV/nab
cc: Sharon Hills, Assistan[ Ciry Attorney
Mike Foertsch, Assistant City Engineer
Steve Hanson, Assistant Building Official
Ken Vraa, D'uector of Parks and Recreation
Jim McGuffee, Pazks Supervisor
??K--
6b:hedges.337
SEVERSON, WILCOX & SHELDON, P.A.
T.ARRYS.SEVERSON'
JAMES F. SHELDON
J. PATRICK WILCOX`
MICFIAEL G. DOUGHERTY'°••
MICHAEL E. MOLENDA"
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
600 MIDWAY NATIONAL BANK BUILDING
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124
(612) 432-3136
KENNETH R. HALL
"'SC01T D. JOANSTON
LOREN M.SOLFEST
ANNETTE M. MARGARIT
""EDWIN R HOLMES
DANIEL M. SHERIDAN
SHARON K HILLS
KEVIN S. SPRENG
TELEFAX NUMBER 432-3780
' ALao Licenaed In Iowa
^ Ako Lirnnsed fn Wisconsin
'•' Nso Licensed In Nebraeka
'°' Also Licensed In California
'••° Certified Real Property i,aw Specialist. 1SSBA
November 30, 1992
Clerk of Court
Western Service Center
Division 5
14955 Galaxie Avenue
Apple Valley, Minnesota 55124
Re: City of Eagan v. Floyd A. Hiar
Court File No.: T2-92-67973
Dear Clerk:
OFCOUNSEL
JOHN E. V[RSELICH
This office represents the City of Eagan in the above-referenced
matter which was scheduled for a pre-trial conference on Novemner 25,
1992. At that time, this office and Mr. Hiar were not able to arrive
at a plea settlement and this matter was set on the jury trial
calendar.
This office is requesting that this matter be certified as a petty
misdemeanor and be scheduled for a court trial in the near future.
Enclosed is a Certification as a Petty Misdemeanor which needs to be
signed by a judge if he or she approves.
If you have any Tsestions or concerns, please do not hesitate to
contact this office. Thank you for your assistance in this matter.
very truly yours,
SEVERSON WILCOX & SHELDON, P.A.
Son K. Hills
/
SKH:kag
Encl.
cc: Mr. Floyd A. Hiar
-bcc: dohn VonDeLinde, Superinnendent of -Parks;_
t
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
--------------------------------- Court File No T2-92-67973
City of Eagan,
Plaintiff,
v.
Floyd A. Iiiar,
Defendant.
CERTIFICATION AS A
PETTY MISDEMEANOR
The City of Eagan, through its attorney, hereby certifies that
the above-referenced offense should be prosecuted as a petty
misdemeanor as it is in the interest of justice that the defendant
not be imprisoned if convicted.
Sharon R. Hills
Assistant City Attorney
I.D. 202496
7300 West 147th Street
600 Midway National Bank Bldg.
Apple Valley, Minnesota 55124
(612) 432-3136
THE ABOVE-REFERENCED OFFENSE IS HEREBY CERTIFIED AS A PETTY
MISDEMEANOR.
Dated:
Judge of District Court
Pr /16
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RECEWD
:ity oF eagan
MUNICIPAL CENTER
3830 PIIOT KNOB ROAD
EAGAN, MINNESOTA 55122-1697
PHONE: (612) 681-4500
FAX: (612) 681-4612
MAINTENANCE FACIIRY
3501 COACHMAN POINT
EAGAN. MINNESOTA 55122
PHONE: (612) 681-4300
FAX; (612) 681-4360
THOMAS EGAN
Mayor
DECEMBER 4, 1992
SHARON K HIT .T S
ASSISTANT CTI'Y ATTORNEY
SEVERSON, WII,COX AND SHELDON P.A.
600 MIDWAY NATIONAL BANK BUILDING
7300 WEST 147TH STREET
APPLE VALLEY, MN 55124
RE: FLOYD HIAR PROPERTY
Dear Sharon:
PATRICIA AWADA
PAMELA McCREA
TIM PAWLENTY
THEODORE WACHTER
Councll Members
THOMAS HEDGES
City Admininshator
EUGENE VAN OVERBEKE
Clty Clerk
This letter is in confirmation of our telephone conversation on Tuesday, December 2nd.
As I mentioned to you, members of the city's staff recently met with Floyd Hiar in reference
to the issue of turf establishment on his home lawn located at 3720 Knoll Ridge Drive. At
the time of the meeting Mr. Hiar had completed sodding of that portion of his lawn south
of his driveway. I relayed to Mr. Hiar that he now needed to complete satisfactory turf
establishment on the front portion of his lawn between the driveway and his north property
line.
During our meeting, Mr. Hiar expressed his concerns over a number of issues related to the
Braun property directly adjacent to his home on the north side. Among Mr. Hiar's concerns
are the relatively "high elevation" of the Braun home, drainage of the Braun property into
Mr. Hiar's basement, and the perceived failure of Mr. Braun to erect a suitable retain.ing
wall to prevent additional erosion onto the Hiar property. Mr. Hiar referenced previous
conversations and written correspondence with the City of Eagan and Mr. Braun's attomey
in reference to his dissatisfaction over the grading and retaining wall issues associated with
the Braun property.
It was evident during our on-site meeting with Mr. Hiar that some additional work on the
Braun retaining wall will be necessary to prevent a continuing problem with a small amount
1
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunlty/Atfirmative Action Employer
of erosion on to the Hiar property. Mr. Hiar has stated that he does not wish to proceed
• with the establishment of a permanent lawn until the retaining wall is completed. He stated
that this must be a pre-condition to any grading and landscaping work on his own property
because Mr. Braun will need to gain access onto his property in order to build the wall in
a reasonable fashion.
As a follow up to the meeting with Mr. Hiar, I contacted Mr. Braun by telephone to discuss
his perspectives on the situation. He stated that he has had little or no cooperation with
Mr. Hiaz since he first built his home and that he is not conversed with Mr. Hiar for at least
four years. He feels that he has constructed a satisfactory retaining wall and does not agree
that any additional work needs to be done. But he did say that he would take another look
at the erosion situation and might possibly do some additional work in the spring. He made
it very clear that he felt Mr. Hiar had only accentuated the problem by lowering the grades
between his and Mr. Hiar's properiy shortly after Mr. Hiar built his home. He said that if
grades had been left as they were originally planned, the retaining wall would not have been
necessary and Mr. Hiar's property could have been landscaped long ago.
Clearly, this issues boils down to fundamental disagreement between Mr. Hiar and Mr.
Braun over a common lot line situation involving grading and erosion control. Mr. Hiar
doesn't wish to proceed until a satisfactory retaining wall is constructed. Mr. Braun feels
that he has gone out of his way to be a good neighbor to Mr. Hiar and that the retaining
wall is sufficient.
During our meeting at nis residence Mr. Hiar made it clear that he was not taking issue with
the city over the turf establishment. He seemed to understand the intent of the ordinance
and stated that he was willing to comply once the issue with Mr. Braun had been resolved.
He said that he has had a professional landscape plan prepared and that a number of
improvements will be made to his front lawn including grading, installation of trees and
shrubs, and an underground sprinkler system.
In light of the issues and disagreements conceming this problem, coupled with the city's past
involvement in resolving this dispute, I wouid like to enlist the assistance of the city
attomey's office in re-examining this case. Specifically it would be helpful to know whether
the city has any legal jurisdiction over the issue of the grading and retaining wall placement,
and any expressed interest the city may have made in resolving this problem based on
previous communications and/or agreements with either party. As you may be aware, the
city had at one time obtained a$1,000 bond from Mr. Braun as a pledge of good faith to
follow through with the establishment of the retaining walls. This is reflected in the
conespondence from Mr. Braun's attomey which I believe was included in copies of the
parcel file correspondence which I furnished to your office earlier this fa11. In a recent letter
of correspondence, Mr. Hiar is now asking that the city cash the $1,000 bond out of
negligence on Mr. Braun's part in completing the retaining wall in a satisfactory manner.
2
As we concluded during our telephone conversation, this does not appeaz to be a simple
? matter of turf grass establishment in accordance with the city's ordinance. There are other
issues involved that raise questions over the degree of the cit}'s jurisdiction, the appropriate
role of the city in resolving the retaining wa11 dispute, the need for clarification of any
previous city commitments (vis-a-vis the bond), and the relationship of the retaining wall
issue to the continued prosecution of Mr. Hiaz over the turfgrass issue.
I'll look forward to meeting with you to review the files on the two properties and to discuss
any additional coordination that may be necessary in order to determine the best course of
legal ?ction on behalf of the city.
K VonDeLinde
intendent of Parks
JKV/nab
cc: Tom Hedges, City Administrator
Tom Colbert, Director of Public Works
Mike Foertsch, Assistant Ciry Engineer ?
Steve Hanson, Assistant Building Official
Jim McGuffee, Weed Inspector
6b:hills.337
3
- city of eagan
TO: STEVE HANSON, ASSISTANT BUILDING OFFICIAL
JOHN VONDELINDE, SUPERINTENDENT OF PARKS
FROM: CITY ADMINISTRATOR HEDGES
DATE: SEPTEMBER 2, 1992
SUBJECT: FLOYD HIAR
MEMO
I was contacted by Floyd Hiar yesterday morning foliowing his receipt of a citation from
the City of Eagan regarding the establishment of turf grass. He expressed his frustration
with the City going back to an issue with the Building Department in which he claims the
property located at 3720 Knolt Ridge was not properly excavated and the home
constructed has caused a drainage onto his property requiring landscape timbers and
other corrective measures. Mr. Hiar has indicated that he is on record that he will not
perform any corrective work to his yard until his neighbor has taken care of his property,
satisfying landscaping requirements. .
iWr. Hiar indicated a willingness to place money into an escrow with the City to resolve his
turf establishment once the timbers and wail issue on the adjoining property is resolved.
Mr. Hiar also stated that the parcel files of his neighbors in particular should have a
record of these issues.
I would like the files researched and, hopefully, we can meet for a few minutes and
discuss this in further detail in the next few days.
Thanks for your coordination.
?
Ciry Ad inistrator
cc: Dale Runkle, Director of Corrtmunity Development
Ken Vraa, Director of Parks & Recreation
TLH/vmd
.,
-1
:ity oF eagan
MUNICIPAL CENTER
3830 PIIOT KNOB ROAD
EAGAN, MINNESOTA 55122•1897
PHONE: (612) 681-4600
FAX; (612) 681-4612
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
THOMAS EGAN
Mayot
SEPTEMBER 14, 1992
FI..DYD HIAR
3720 KNOLLRIDGE DRIVE
EAGAN, MN 55122
Dear Mr. Hiar:
PATRICIA AWADA
PAMELA McCREA
TIM PAWLENN
THEODORE WACHTER
Council Members
THOMAS HEDGES
Clry Adminlnshator
EUGENE VAN OVERBEKE
City Clerk
City Administrator Tom Hedges has asked that I respond to you in regard to your concerns
over the turfgrass establishment ordinance and erosion issues affecting your property located
at 3720 Knollridge Drive.
As you are well aware, on September l, 1992, the Ciry of Eagan had served upon you a
violations summons for failure to establish suitable turfgrass on your property. This citation
followed two previous written notices fram the City Weed Inspector's office requiring the
establishment of turfgrass no later than May 21, 1992. These notices were in accordance
with Sections 7.08 and 10.21 of the City Code adopted in July, 1990. As you are also aware,
these violation notices followed several previous noxious weed violations and numerous
conversations between yourself and City staff during the past five or six years concerning
turfgrass establishment and weed control.
Based on my discussions with Mr. Hedges, it is my understanding that you are reluctant to
pursue the establishment of turfgrass on your property pending the installation of a retaining
wall on your neighbor's property located at 3710 Knollridge Drive. However, I would like
to point out several related circumstances that would not indicate the need for a retaining
wall prior to turfgrass establishment. First, based on my discussions with the City's
Community Development and Engineering Departments, the City has and continues to
maintain that the matter of the erosion and drainage is a civil issue between yourself and
your neighbor. The Ciry has also been advised by legal counsel that it does not have a legal
basis to become involved in resolving a dispute with your neighbor concerning the
construction of the retaining wall. Second, I would like to point out that the City's request
for turf establishment on your property principally relates to the front and side lot areas and
not the rear lot area. The erosion that you are concerned about appears to be in the back
1
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY '
Equal Opportunity/Affirmative Action Employer
,
f
lot azea of your property and does not have any direct impact to the front or side lot areas.
Consequently, the issue of the retaining wall should have no bearing on the timing of
turfgrass establishment in these areas.
Again, I want to emphasize that the City's issue with turfgrass establishment is separate from
any dispute or conflict which you are having with your neighbor over the construction of a
private retaining wall. The City has been extremely patient in working with you towards a
resolution of the sodding of your property. We believe that we have followed all of the
proper procedures in executing the City's legal requirements and notification procedures.
By means of this letter, we wish to advise you that the City intends to continue to prosecute
this matter through legal means and, if necessary, to take action to establish suitable
turfgrass in accordance with the provision:s outlined within the City's ordinance. If, on the
other hand, you choose to resolve this matter under your own initiative, through either
seeding or sodding of the lawn (before the issue is adjudicated), any plans for City-initiated
action wip be reversed and dropped.
K VonDeLinde
rintendent of Parks
JKV/sb
cc: Tom Hedges, City Administrator
Ken Vraa, Director of Parks and Recreation
Leroy Berg, Ciry Weed Inspector
Sharon Hills, Assistant City Attomey
29vp:hiar.252
2
A
MEMO TO: FILE - FLOYD HIAR RESIDENCE, 3720 KNOLLRIDGE DRIVE
FROM: JOHN VONDELINDE, SUPERINT'ENDENT OF PARKS
DATE: SEPT'EMBER 15, 1992
SUBJECT: CONVERSATION WITH FLOYD HIAR ON MONDAY, SEPTEMBER
14, 1992
On Friday afternoon, September 11, 1992 and again on Monday morning, September 14,
1992, Mr. Floyd Hiar attempted to reach me by telephone at my office at the Eagan
Maintenance Facility. In response I tried to reach Mr. Hiar by telephone on three separate
occasions on Friday evening and Monday morning. I finally was able to reach him about
10:30 a.m. on Monday moming.
Mr. Hiar stated that he was not going to proceed with the establishment of a lawn in his
yard until the construction of a retaining wall by his neighbor at 3710 Knollridge was
compieted. He said that a portion of the wall was up, but that it was not constructed
properly, and that he didn't think it would last. He stated that he was holding the City
partially at fault for the condition of the retaining wail because a building permit was
approved for a home that was not suitable for the site in the first place. He said the grades
of the neighboring lot were too high and that this was contributing to the erosion problem.
He alleged that in order for his neighbor to construct the retaining wall correctly, it would
require a direct access onto his (Mr. Hiar's) property. He claimed that part of his
reluctance in establishing a lawn was that any future construction of the retaining wall would
result in rutting and damage to his turf that "somebody would have to pay for".
He went on to say that he had a professional landscape design drawn up shortly after they
moved into their home. But, he said that he was unable to implement his landscape plan
and the turf establishment for several years because of what he referred to as "deep
unemployment". He said that his plan calls for the installation of irrigation, turf
establishment, shrub beds, and trees and that he is concerned about any impact the
construction of a retaining wall would have on his landscaping investment.
I explained to Mr. Hiar that the principle issue for the City was his failure to establish
turfgrass on his front and side lot properties. I made it clear that the Ciry no longer had
an issue with the backlot portion of his yard and that this had appeared to have been seeded
and was growing reasonably well. I stated that even if he did landscape his front yard, only
a small portion would be disrupted by the construction of the retaining wall. In response,
he stated that significant grading had to be done on his property to implement his
landscaping plan and that there was no point in proceeding with such grading until the
retaining wall issue was resolved.
1
p
I reminded Mr. Hiar that this issue had been ongoing for six years, and that he has yet to
make any attempt at establishing turfgrass through either sodding or seeding. He countered
by saying that he has yet to see a good definition of "turfgiass", and that it was subject to
interpretation. I informed him that the ordinance adopted in 1990 made it very clear that
suitable turfgrass needed to be established within one growing season of the date of
occupancy and that his failure to do so had clearly resulted in a lawn which did not meet
the intention of the ordinance (i.e. there is very little cultured turfgrass in his lawn). He
said he wasn't sure, but thought that he might be bringing this issue of turfgrass definition
before the court at his appearance on September 17th. He said that there are many lawns
in Minneapolis that have compost piles and wildflowers coming right out to the street.
I explained that his cunent situation was leading to the spread of noxious and nuisance
weeds to a?oining properties and that there was a very real impact to the neighboring
property awners. In summary, I told him that the principle issue with his property was
enforcemen,t of the turfgrass establishment ordinance and that the issue involving the
retaining. wall was a civil matter between he and his neighbor.
,
John f{. VonDeLinde
Superintendent of Pazks
JKV/sb
2
. - ! -..
FLOYD A. HIAR
3720 Knoll Ridge Drive 9 St. Paul, MN 55122-3139 • Phone (612) 456-0387
VIA CERTIFIED MAIL
Article # P-3/5-y7L7-a3>
September 23, 1992
Ms. Sharon K. Hills
Severson, Wilcox & Sheldon, P.A.
7300 West 147th Street
Suite 600
Apple Valley, MN 55124
RE: Summons #62872
City of Eagan vs. Floyd A. Hiar
Dear Ms. Hills:
Enclosed you will find a copy of correspondence to the District
Court in regards to the above-referenced complaint.
This correspondence was presented to you on Septemher 17, 1992 by
the public defender. It is my understanding that you reviewed
the correspondence but I am not sure if you retained a copy.
A copy of the September 17, 1992 correspondence has also been
sent to Thomas Hedges, City Administrator, City of Eagan.
Sincerely,
???l?e`O " ` (? • l
Floyd A. Hiar
FAIi/es
Enclosure
Printed on 100% Recycled Paper
?
.
September 17, 1992
State of Minnesota
County of Dakota
District Court - Division 5
Western Service Center
14955 Galaxie Ave.
Apple Valley, MN 55124
RE: Summons Number 62872, dated 9-1-92. Residence at 3720 Knoll
Ridge Drive, Eagan 55122. Residence cited for failure
establish turf grass. Eagan City Code Section 10.21, Subd. 2.
To the Court:
In regard to the above referenced complaint, I respectfully submit
the enclosed photograph of work in progress at my residence. This
work will bring my residence in compliance as my obligation has been
described by Ms. Sharon K. Hills, Prosecuting Attorney, during a
phone conversation on September 16, 1992.
For the record, I have refrained from landscaping my yard to date
because my neighbor's yard and the fill soil used to bring their
yard up to buildable grades continues to erode and creep onto my
property. Whatever l do to comply with the above referenced citation
at this time will need to be undone when my dispute with my neighbor
is resolved.
The contruction of my neighbor's property was Permited by the City
of Eagan. Over the last year, I have obtained estimates to landscape
my yard ranging between $7,000 to $10,000, but not one of the
landscapers were willing to stand behind their work because of the
threat of damage to the landscaping resulting from soil erosion or
soils creeping from my neighbor's improperiy filled and graded
property onto my property.
I have made repeated attempts to meet with City OYficials regarding
this matter to no avaii. Last week I discused this matter with the
City Administrator and subordinates. Letters which were promised
were not mailed and meetings which'were scheduled at my property
were canceled abruptly. I am only undertaking the establishment of turf at my residence at
this time in order to comply with the above referenced cit.iation,
but under no circumstance am I, by action or implication, relieving
the City of Eagan,irom liability for issuing a building permit to
grade and construct of my neighbor's home or for bringing this case
case to court.
Floyd Hiar
?ity oF eagan
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4600
fAX; (612) 681-4612
TDD: (612) 454-8535
October 14, 1992
MAINTENANCE FAGLtTY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
THOMAS EGAN
Mayor
PATRICIA AWADA
PAMELA McCREA
TIM PAWLENTY
THEODORE WACHTER
Council Members
THOMAS HEDGES
Gty Admininsiiator
EUGENE VAN OVERBEKE
City Clerk
FLOYD HIAR
3720 KNOLL RIDGE DRIVE
ST PAUL MN 55122-3139
Re: Turfcrrass Establishment
Dear Floyd:
Since our telephone conversation last Wednesday, October 7, I have
had an opportunity to further discuss the turfgrass establishment
matter with staff and feel it would be in our best interest to have
a joint meeting that would include your next door neighbors, Mr. &
Mrs. Sraun, and those employees from the City of Eagan who have
coordinated platting, engineering inspections, building inspections
and enforcement of the turfgrass regulations of the city code.
I would be happy to facilitate this meeting and would hope that we
could all work toward a common resolution. I would suggest that we
meet on site during the late afternoon of Monday, October 26, at
4:00 p.m. We will bring the files, drawings and any other
information we have to that meeting. If this date and time is not
acceptable to you andjor your neighbors, we will attempt to
schedule a different date during that week. Again, I am hopeful
that we will be able to bring about a resolution that helps you as
neighbors and respects the integrity of the city code regulations
requiring the establishment of turfgrass.
Sinc ely,
Thomas L. Hedges
City Administrator
cc:
_
Steve Sullivan, Park Planner ........ _..
Craig Knudsen, Engineering Land Development Technician
TLH/vmd
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/AHirmative Action Employer
, w
FLOYD A. HIAR
3720 Knoll Ridge Drive • St. Paul, MN 55122-3139 • Phone (612) 456-0387
October 30, 1992
Thomas L. Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
RE: Turf Grass Establishment
Dear Tom:
?? -- --- -- -
- ?
1 { I:
?
NOV 5 (992
Thank you for facilitating the meeting yesterday at my property
to inspect and understand the reasons why I am delaying the
establishment of higher quality turf grass.
I feel the Braun's non-attendance at the meeting shows a
continued pattern of non-cooperation and neighborly respect
involving the lot line/retaining wall issue, which dates back to
November, 1987. The Brauns had previously stated their written
intentions to resolve the wall issue in a neighborly manner, yet
they have not spoken to me for years. The Brauns have knowingly
and intentionally trespassed on my property on numerous
occasions. At the times of trespass and during these many years,
I have remained silent.
As you stated during our conversation of Octoher 7, the retaining
wall §Wlift issue had gotten lost in the bureaucracy and the city's
focus has been placed on the wrong property owners.
It is time for the city to cash the $1,000 check deposited by the
Brauns, which was a financial assurance that retaining wall
construction would be completed by May 15, 1988.
As you"witnessed, in order for the Brauns to construct an
adequate retaining wall, grading of my property will be necessary
and the Brauns will need access for wall construction via my
property. Extensive grading will be needed to provide my
property with proper drainage. It is logical that grading and
retaining wall construction would take place simultaneously.
Additionally, the
assure the struct
porch. Again, it
to accomplish the
property.
Brauns may need to do landscaping work to
ural integrity of their balcony and three-season
would appear that they would be needing access
additional landscape improvements via my
?
Printed on 100% Recycled Paper
. ?
.
Thomas L. Hedges
October 30, 1992
Page 2
As I stated, under certain terms and conditions, I will consider
allowing the Brauns access via my property to do the work
necessary.
Thanks again for your time and assistance in resolving this
issue.
Very sincere y,
????/" ? / .
Floyd A. Hiar
FAH/es
FLOYD A. HIAR • 3720 Knoll Ridge Drive o St. Paul, MN 55122-3139 s 612/456-0387
Printed on 1000/o Recycled Paper
?
,
h
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JOHN VONDELINDE, SUPERINTENDENT OF PARKS
DATE: NOVEMBER 3, 1992
SUBJECT: CONVERSATION WITH NIlZ. PAUL BRAUN - 3710 KNOLL RIDGE
DRIVE
On Monday, November 2nd, 1992 I spoke with Mr. Paul Braun by telephone regarding our
meeting with Mr. Floyd Hiar, 3720 Knoll Ridge Drive on Thursday, October 29th, 1992.
I explained to Mr. Braun our purpose in meeting with Mr. Hiar and the persons that were
at that meeting representing the City of Eagan. I described to Mr. Braun what I thought
was the principle concern of Mr. Hiar - that there continued to be erosion along the side
lot area of Mr. Braun's property particularly at the point where the back slope drops off
between the two common lot lines. I briefly reviewed with Mr. Braun the history of the
situation and explained that the City was still pursuing the establishment of suitable turfgrass
on the Hiar property in conformance with the City ordinance. I told him that I thought Mr.
Hiar clearly recognized the need to resolve the turfgrass issue, but had expressed concerns
about doing any work until the erosion from Mr. Braun's property had been satisfied.
Mr. Braun responded that he felt he had taken care of the erosion concerns with the
installation of the two retaining walls. He said that he didn't feel he had any obligation to
build a wall in the first place since Mr. Hiar had significantly altered the grades following
the construction of Mr. Braun's home. He acknowledged, though, that the work on his
project had not been completed and that he still intends to install shrubbery and other
ground covers along the retaining walls to further stabilize the soils. He said that he was
aware of the steeper slopes toward the back of his retaining wall and that at one time there
was a small amount of erosion at that location. He said that he had thought he had solved
the problem with the ground covers, but would be willing to take another look at it. He
wasn't sure if an additional retaining wall would be necessary or if simply some shaping of
the ground and installation of plant material would suffice. With the change in weather, he
said that he wouldn't be doing any thing further on his property until next spring.
I told him that if this erosion problem could be brought under control that the City has the
assurance from Mr. Hiar that he would follow through with establishment of a lawn next
yeaz. Mr. Braun said that this was still an important issue with both himself and his
neighbors and that he was very appreciative of the work that Jim McGuffee and other
members of the City staff had done in helping to control the weeds on Mr. Hiar's property
during the last s'vc years. He said that he would be more than happy to explain to Mr. Hiar
what his plans were for completing the retaining wall and installing plant material, but said
the last time he had spoken with Mr. Hiar was four years ago.
Despite their differences of opinion, I feel that we are drawing closer to resolving the issue
of turfgrass establishment on the Hiar property. After speaking with Mr. Braun, I am
r
1
• MR PAUL BRAUN
November 3, 1992
Page Two
convinced that he will be taking the necessary steps (albeit somewhat reluctantly) to bring
the issue of the retaining wall and erosion to conclusion next spring. I told him that I
understood the perspectives and concerns on both sides of this issue and that the City would
greatly appreciate any work he would do in helping to conclude that process. It is obvious
to me that he too wants to get this problem solved so that it can be a more peaceful
relarionship between he and his neighbor, Mr. Hiar.
In light of our meeting with Mr. Hiar and my telephone conversation with Mr. Braun, I have
recommended to Sharon Hills, Assistant City Attomey, that the action against Mr. Hiar be
continued for dismissal until spri.ng 1993. This will allow Mr. Braun time to address the
situation involving any additional erosion from his property onto W. Hiar's and will allow
Mr. Hiaz to respond accordingly with turf establishment as soon as this work has been
completed. If the "erosion problem" is solved to the satisfaction of the City next spring, it
will be incumbent upon Mr. Hiar to complete turf establishment in a timely manner. If he
fails to do so, the City will then continue with its criminal prosecution of Mr. Hiar and begin
the publi earing process for establishment of turfgrass in the front and side lot portions
of Mr. 's nronertv.
Joh# K VonDeLinde
Suplerintendent of Parks
JKV/sb
cc: Sharon Hills, City Attomey's Office
Jim McGuffee, Park Supervisor (Weed Inspector)
30wp:hedger.307
?
.?_ ?.
,
FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 18, 1987
Mr. Paul Braun
3710 Knoll Ridge Drive
Eagan, Minnesota 55122
Dear Mr. Braun:
At the time of ground breaking for your new home and in many
discussions since, I have stated my concerns regarding how you
planned to control surface drainage and to retain your lot's ero-
sion along our adjoining property line. It has been acknowledged
by yourself and Darrel Pearson (your contractor) that you changed
the topography of your lot greatly. This has created a situation
where you have directed your lot's surface drainage onto my
property.
The change in your lot's topography does not follow the
development plan presented by James R. Hill, Inc. for the devel=
opment of Rose Hill Addition and approved by the City of Eagan.
Because your contractor has not followed the development plan,
you have placed my home and property in danger of flooding and
land erosion. This would most surely cause my family physical,
mental and monetary losses.
Mr. Steve Hanson, Assistant Building official and Mr. Mike
Foertsch, Assistant City Engineer, have looked into this matter
and have acknowledged that the development plan was not followed.
Additionally, they recognize the potential danger to my home and
property. They have indicated that you will be required to con-
struct some type of retaining wall or walls on your property.
I have several concerns about the construction o£ this re-
taining wall or walls:
1. The retaining wall or walls should be clearly constructed on
your side of the property line.
2. Surface drainage and roof run-off should be contained and
controlled on your property.
3. The cost of this retaining wall or walls will be the respon-
sibility of you or your contractor.
4. The costs and expenses for maintenance and repair of the re-
taining wall or walls will be yours.
?
I Mr. Paul Braun
November 18, 1987
Page Two
5. Should the retaining wall or walls fail (i.e. deterioration
or collapse), you will be held legally responsible £or all
damages and required to correct these failures in 30 days.
6. Due to the direct effect this retaining wall or walls has
upon my property, my input and review of construction plans
should take place.
7. The final design, material selection and construction plan
should be reviewed by the Eagan City Engineer.
8. On-site inspections during construction and final approval
should be provided by the Eagar. City Engineer.
9. A statement of ownership and legal responsibilities
regarding a retaining wall or walls should be signed and
recorded as a part of future title to our individual pro-
perties.
Should you have any questions or wish to discuss this, please
feel free to contact me at your convenience. I can be reached at
456-0385 or 456-0387.
Sinc relZ:--
Floyd X.t-'e Hiar
cc: D. Pearson
S. Hanson
M. Foertsch
,
,
f?
11,4AJD Dck r?e,eeof o ^J 111.a 0/87
,e}.T ,Tog S r rE
TN?SSP? aY N?LpeR
FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
(612) 456-0385/(612) 456-0387
November 18, 1987
Mr. Darrell Pearson
2110 West 49th Street
Minneapolis, Minnesota 55409
Dear Mr. Pearson:
io .100 A w1
You are currently building a house at 3710 KNOLL RIDGE
DRIVE, EAGAN, MINNESOTA for MR. PAUL BRAUN. Attached is a Copy
of correspondence to Mr. Braun regarding the building of his
future home.
Darrell, since
the day your survey
have told you of my
of Mr. Braun's 1ot.
positive answers to
problem, I contacte,
our initial discussions and specifically on
crew marked the house location on the lot, I
concerns regarding the drainage and erosion
After not seeing any progress or getting
my questions about the drainage and erosion
3 the City of Eagan £or assistance.
2 have had to have a lot survey performed to re-establish
the true property lines. Also I have incurred additional costs
to re-establish proper surface drainage of my property.
During the time of bringing in extra fill for Mr. Braun's
lot, a dump truck was tipped over onto its side and almost rolled
into my home. At that time, you promised to: 1) Remove excess
fill from my property; 2) Establish proper drainage away from my
house in the affected areas; 3) Grade my front yard; 4) Clean up
the mess caused by the use of my property; and 5) Give me a dump
truck load of black dirt. This was offered ih exchange for the
access via my property, the mess that was created and to correct
the changes to the topography of my lot.
As a result of your building Mr. Braun's house, I have in-
curred expenses that you are responsible for:
Grading (Invoice Attached) $150.00
Lot Survey (1/3 prorated -
Invoice Attached) , 54.00
The cost for a load of black dirt will be S80.00 delivered.
. ?
Mr. Darrell Pearson
November 18, 1987
Page Two
I request your payment in the amount of $284.00 be made as
, soon as possible.
. Sincerely,
Floyd Hiar
Cc: Mr. Paul Braun
Enclosure
.
SIGMA SURVEYING SERVICES, INC.
? 3730 Pilot Knob Road
. EAGAN, MINNESOTA 55122
(612) 452•3077
' Mr. Floyd Hiar
' 3720 Knoll Ridge Drive
Eagan, MN 55122
>
N0. 2271
SALESPERSON - OATE OFINVOICE
W. Cordes 11/5/87
SHIP TO
Mr. Hiar
ph. 456-0385
456-0387
- DATE SHIPPED SHIPPED VIA O P.P. F.O.B. POINT TERMS .:YOUR ORDEI
Due an Receipt
DESCFIIPTION ,.: UNIT PRICE
Lot Survey and Certificate of Survey
Lot 11, 81ock 1, ROSE HILL ADDITION
3.5hrs 2-man field.crew and equipment t@?$54/hr ----------- -
ClIZ. 1n?'' M 1iC3i t..-t ?'wSG'. F/ Z1 )
Draft Certificate of Survey ------------- --
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ORIGINAL
C?J ?"?cvual
_=_- I $189.00
55.00
TOTAL I $244.00
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GREENSIDE, INC. o.TE
941 Beacon Lane ?
APPLE VALLEY, MINNESOTA $5124 nuMeen
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FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 19, 1987
Mr. Steve Hanson
Assistant Building Official
City of Eagan
3530 Pilot Knob Road
i:agan, t;inr,esota 55122
Dear Mr. Hanson:
Thank you for your assistance in resolving the surface
drainage and lot erosion problem that has been caused by the
development of a house at 3710 Knoll Ridge Drive.
Attached is a copy of correspondence to Mr. Paul Braun who
is the lot owner. 2 have also sent a copy to Darrell Pearson,
the contractor for Mr. Braun.
As we have discussed, the changes to the topography of the
lot at 3710 Knoll Ridge Drive have placed my property in jeopardy
of future flooding and damage. This was created by the decisions
of Mr. Pearson (the contractor) regarding location of the house
on the lot and grading changes from the original development
plan.
In the letter to Mr. Braun, I make reference to #9 -
Concerns about the construction o£ a retaining wall or walls. I
feel they offer a solution to this issue.
r rj,oui a, ike tc he:. fre:^. Yours2lf ?
or Mika r'vc2tSCi1 c5 ?i71S
problem is resolved.
Sincerely ours,
7F;1oyv Hiar
cc: Mike Foertsch
Enclosure
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FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 19, 1987
Mr. Mike Foertsch
Assistant City Engineer
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mr. Foertsch:
Thank you for meeting with me last week, your previous
staff's assistance (Gordy and Bruce) and your continued assis-
tance.
Resolving the problems caused by Mr. Darrell Pearson
(contractor) and Mr. Paul Braun (lot owner) at 3710 FCnoll Ridge
Drive has been very frustrating to me. Attached is a copy of
correspondence to Mr. Braun and Mr. Pearson.
The letter clearly identifies my concerns and offers a plan
of action that hopefully can resolve the drainage and erosion
problems.
As progress, proposals or problems occur regarding a retain-
ing wa11 or walls, I would like to be kept informed by yourself
or Steve Hanson. Additionally, I feel written plans, drawings
and correspondence from Mr. Braun and/or Mr. Pearson are impor-
tant. As we have both experienced, the verbai promises of
contractors and individuals are often meaningless.
Thanks again.
Sincerely,
Ae? Floyd Hiar
Cc: Steve Hanson
Enclosure
FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 20, 1987
Mr. Doug Reid
Building Official
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mr. Reid:
Attached are several copies of correspondence regarding
problems created by the construction of a new house on adjoining
property to my home at 3710 Knoll Ridge Drive.
Your staff has been most helpful in assisting me with this
problem. From what I have learned, this problem could have been
eliminated if the City of Eagan had stronger codes and a better
system of review for new construction.
In an effort to help the City of Eagan, I am volunteering my
time to discuss with yourself, city staff, city council or com-
mittees my observations.
I can be reached at 456-0385 or 456-0387.
Sincerely
?rY -v
Floyd Hiar
Enclosure
cc: Steve Hanson
D
.LV.
FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 20, 1987
Mr. Tom Colbert
Director of Public Works
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mr. Colberi:
The recent development of property at 3710 Knoll Ridge
Drive, adjoining my home has created problems of surface drainage
and erosion.
Several members o£ your staf£ have provided assistance to
me, and I would like to commEnd you on the fine people you have
working for you. They are Mr. Mike Foertsc:h, Mr. Bruce Allen and
Gordy (whose last name 2've never gotten).
Currently it looks as though a resolution to this problem
will be reached.
To yourself, city staff, city council or committee, I am
volunteering my time to discuss my observations of this problem
and other potential problems I foresee in the future of Eagan.
Should you wish to contact me, I can be reached at 456-0385
or 456-0387.
Sincerely
r
?
Floyd Hiar
Enclosure
cc: Mike Foertsch
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3830 PILOT KNOB ROAD, P.O. BOX 21199
EAGAN, MINNESOTA 55121
PHONE: (612) 454-8100
December 7, 1987
CERTIFIED MAIL
MR PAUL BRAUN
3710 KNOLL RIDGE DR
EAGAN MN 55122
Re: Lot 12, Block 1, Rose Hill Addition
Final Occupancy Requirements
Dear Mr. Braun:
BFA BLOM9UIST
Mayor
n+onnas EGAw
JAMES A $MRH
VIC ELLISON
THEOOORE WACHiER
Cau+cil AAernbers .
n+onnas HeoGEs
cn, nema,crcaror
EUGENE VAN OVERBENE
CiN Clerk
In response to the enclosed letter dated November 18, 1987, which
Mr. Hiar had sent to you, the City has felt it necessary to
address Mr. Hiar's concerns.
City staff has met with or corresponded- through telephone
conversations with yourself, your builder, and Mr. Hiar on
numerous occasions regarding these concerns. It has been
mutually agreed upon by all parties concerned that the house
construction on Lot 12, Block 1, Rose Hill Addition, has
necessitated some type of retaining wall construction. This
retaining wall construction will prevent your home construction
from adversely impacting Mr. Hiar's property.
As far as the concerns Mr. Hiar outlined in his letter, the City
concurs with numbers 1, 3, 4 and 5. The City partially agrees
with Item #2 in that the "increase" in surface drainage and roof
runoff generated as a result of the home construction should be
conveyed to the street or the low area at the rear of the house
through the use of the.common lot line drainage and utility
easement. Item #6 is between yourself and Mr. Hiar to resolve.
The City presently does not have a policy or Code requirement
which provides for City staff review or approval of retaining
walls on private property (items 7 and 8). Construction of a
retaining wall within the limits of your lot implies ownership
and related legal responsibilities on your part (item #9).
As of December 3, 1987, the retaining wall construction was not
completed. A visual inspection also revealed a severe grade
differential along the common lot line. I understand the recent
lot grading by Mr. Hiar has accentuated this grade differential.
I am presuming that the retaining wall constzuction has been
postponed due to weather constraints.
?'?
THE LONE OAK TREE. ..THE SYMBOI OF STRENGTH AND GROWiH IN OUR C MMUNiiY 0 10
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FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 18, 1987
Mr. Paul Braun
3710 Knoll Ridge
Eagan, Minnesota
Dear Mr. Braun:
Drive
55122
At the time of ground breaking for your new home and in many
discussions since, I have stated my concerns regarding how you
planned to control surface drainage and to retain your lot's ero-
sion along our adjoining property line. It has been acknowledged
by yaurself and Darrel Pearson (your contractor) that you changed
the topagraphy of your lot greatly. This has created a situation
where you have directed your lot's surface drainage onto my
property.
The change in your lot's topography does not follow the
development plan presented by James R. Hill,=Inc. for the devel-
opment of Rose Hill Addition and approved by the City of Eagan.
Because your contractor has not followed the development plan,
you have p_laced my home and property in danger of flooding and
land erosion. This would most surely cause my family physical,
mental and monetary losses.
Mr. Steve Hanson, Assistant Building official and Mr. Mike
Foertsch, Assistant City Engineer,. have looked into this matter
and have acknowledged that the development plan was not followed.
Additionally, they recognize the potential danger to my home and
property. They have indicated that you will be required to con-
struct some type of retaining wall or walls on your property.
I have several concerns about the construction of this re-
taining wall or walls:
1. The retaining wall or walls should be clearly constructed on
your side of the property line.
2. Surface drainage and roof run-off should be contained and
controlled on your property.
3.- The cost of this retaining wall or,walls will be the respon-
sibility of you or your contractor.
4. The costs and expenses for maintenance and repair of the re-
taining wall or walls will be yours.
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portmeeter for fees and cheek box(ag) for additfonal service(s) requected.
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'-._...-. .--.-••--<w vvrvical w ntlUFiN RECEIPT
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JOMN M. HARVEY
RICHARD J. SHEENAN
ARTMUR C.BENSON
ELIZABETH A. SHEEHAN
R09ERT M.GLEASON
OR COl1N5EL:
JOMN M. 90WER5
oUR FILE No. 6 6 b/ 5 0 3 4
December 10, 1987
Mr. Michael P. Foertsch
Assistant City Engineer
City of Eagan
3830 Pilot Knob Road
Post Office Box 21199
Eagan, Minnesota 55121
WATERTOWN OFFICE
WA7ERTOWN. MN 55388
TELEPMONE(612) 646-1281
HANI) DELIVERED BY NESSENGER
Re: Paul and Catherine Braun v. Mr. and Mrs. Floyd Hiar
Dear Mr. Foertsch:
Our firm represents Paul and Catherine Braun, who have instructed
us to conclude their dispute with Mr. and Mrs. Floyd Hiar since
their attempts to resolve the dispute on a neighborly basis have
failed.
This letter is in response to your certified letter of December
7, 1987 insisting that our clients pledge $1,000 before they can
obtain a Certificate of Occupancy so they can move into their new
home.
As you know, the
this problem, and
on the afternoon
clients and Floyd
the Brauns would
learned of the twi
Brauns had three contacts with you regarding
you in fact approved two small retaining walls
of November 13, 1987 during a meeting with my
Hiar. During that meeting Mr. Hiar announced
"be surprised at what I am going to do" when he
D retaining walls you had approved.
We believe you are aware during the evening of November 13, 1987
Mr. Hiar graded nearly three feet of his lot exposing an
additional three feet of our clients' subsoil. The excavation
work was done within an area dedicated to a utility and drainage
easement.
You are undoubtedly aware that when a landowner exposes a
neighbor's subsoil by excavating away the surface soils on his
property he has the duty and expense of providing for the support
of his neighbor's subsoil. In carrying out his threat to the
Brauns, Mr. Hiar has actually incurred liability for the cost of
HARVEY, SHEEHAN & BENSON
A PARTNERSHIP INCIVOING PROFESSIONAL ASSOCIATIONS
L4W OFFICES
ONE CORPORATE CENTER
7401 METRO BOULEVARD
SUITE 555
MINNEAPOLIS. MINNESOTA 55435-391 O
TELEPNONE (6 1 21 831-8500
Mr. Michael P. Foertsch
Page Two
December 10, 1987
the necessary support of the Brauns' exposed subsoils. Mr. Hiar's
actions also violated the terms and conditions of the drainage
easement.
We understand the City of Eagan requires grading permits, and we
request your prompt advice whether Mr. Hiar was given a grading
permit to remove the three feet from the easement area and expose
three feet of our clients' subsoils.
As you know, there is no sod on Mr. and Mrs. Hiar's lot, and his
improper grading will obviously create a serious erosion problem.
Our clients are not inclined to spend a lot of money on a wall
that will soon be damaged by the erosion problem Mr. Hiar has
intentionally created.
Our clients are now incurring daily damages in excess of $35
since they cannot move into their new home solely on account of
Mr. Hiar's unlawful actions.
We don't believe that the condition of the lot
1987 is material to your determination of whet
of Occupancy should be issued. Furthermore, the
done by Mr. Hiar as retribution on the evening
is certainly not a reason to prevent our clients
their new home.
on November 13,
her a Certificate
improper grading
of November 13th
from moving into
To mitigate their damages, the Brauns have elected to submit the
$1,000 requested by you in your letter of December 7, 1987, and
have enclosed their check #3575 made payable to the City of Eagan
in the amount of $1,000. The Brauns are making the demanded
deposit with a complete reservation of rights and the
understanding that the dispute may be submitted to the Dakota
County District Court if a resolution satisfactory to the parties
cannot be obtained.
With payment of the enclosed $1,000 our clients understand that
the Certificate of Occupancy will be issued provided the property
otherwise comports with the Building Inspector's inspection. Our
clients are hopeful that inspection may take place on Friday,
December 11, 1987. We and our clients also ask that you re-
evaluate your request for the $1,000 bond in view of Mr. Hiar's
clear liability for the cost of the new wall. Our clients would
appreciate the return of their $1,000 so the dispute can be
resolved in the appropriate forum.
By copy of this letter I am advising Mr. and Mrs. Hiar of our
clients' position. Mr. and Mrs. xiar should know our clients'
preference is to satisfactorily resolve this dispute as
>
Mr. Michael P. Foertsch
Page Three
December 10, 1987
neighbors, but Mr. Hiar's outraqeous letter of Novemher 18, 1487
left them no recourse but to retain legal counsel to protect
their legal interests.
We and our clients appreciate your kind assistance with this
matter.
Very truly yaurs,
HARV?EY, EEiAN & BENSON
? Johir' M. arv y
3mFic mlw
Enclosure
cc: Paul and Catherine Braun
Mr. and Mrs. Floyd Hiar
,
PAUL OR CATHERINE BRAUN
13_650-676744-567 B-650-10e-549-153
3710 KNOLL RIDOE DR.
EAGAN, MN 5.?`122
PAY TO i11E
ORDER OF_
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3575
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FirstBankMinneaPoli$ EL
NemWr Flnl Benk SYslem !
Firsl Netlonal Benk of Mlnneepolle \
Fir51 BenF PIetB
Minnea0olis. MN 55480 ` ?` L?
1 09 L0000 2 21: 70 2 LO 74468o' 3 5 7 5
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HAUGE, EIDE & KELLER, P.A.
? (Atlo•+.eya af Cau•
TOIA"N CENTRF PROFESS101tiAL BLDG., SUITE 200
` 1260 1'.41hEE DOODLE R0.4D
EAGA\, AtIN1ESOTA 55123
(612) 456-9000
January 8, 1988
FRO^".:
ir. 7ide
X Dave Ke:ler
Lori 2e?:in
LEbSc : C^.'R1GTC
Hiar/Braun dispute
?Tp:Ect :VC.
L^C105?C`. C1E2<c^ F??G;
Ton He3aes
Tom Celbert
Gene VanOverbeke
Daie F.-,:a;cle
X Mike Foertsch
PAULM.MAUOE
KEVIN w. EIOE
DAvtD G. KELL[w
IORI M MELLIN
OEHRA E SCNrniDT
D2vElO.-PF^t Ccntract
F?D Acreement
EaseT,er:±
Lee3
x othez a draft of a proposed letter to Mr. Hiar.
action requested: Please review and call me to discuss.
3
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January 8, 1983
Mr. Floyd Hiar
3720 Knoll Ridge Drive
Eagan, MN 55122-3139
R6: Hiar/Braun Dispute
Dear Mr. Hiar:
Recently, our City Engineering staff asked me to review the dispute
that has arisen between you and your neighbor, Paul Braun, who has
recently constructed a home adjacent to your home.
It is my understanding that final grading has not been completed on
the Braun property and, that at this point, your property has not
been sodded. Apparently, there is a drainage problem between the
two homes with a concern on your part that there will be an
inappropriate amount of runoff from the Braun property into your
yard.
I have copies of your correspondence and that of City staff in
addition to a letter from Mr. Braun's attorney. It appears that the
City did require Mr. 6raun to provide retaining walls to protect
your property and that he did deposit $1,000 with the City to insure
that that is done at the earliest possi'ole time. However, I am very
concerned to find that you had, apparently, excavated as much as
three feet of your property adjacent to the Braun property creating
an additional erosion problem.
It is our suggestion that the City now require you to ptovide a
financial guarantee, of approximately $500, to insure that both
sides of the property line are restored in a manner to allow the
prooer flowage of storm runoff. If this is not acceptable, it seems
that the only alternative is to return Mr. Braun's $1,000 and let
you and Mr. Braun solve the dispute in County Court.
Sincerely yours,
HAUGE, EIDE & KELLER, P.A.
David G. Keller
DGK:jjm
cc: Paul Braun
John M. Harvey
JOHN M. NARVEY
qICHA.'t0 J. SHEEHAN
ARTHUR C. HENSON
ELIZTBE"N A. SNEEHAN
ROBERT M. GLEASON
OP C:7UNSEL: JOF1N M. BOWERS
oUa FILE vo. 6 6 0/ 5 0 3 4
I+!arc'_. 25 , 19 8 3
HARVEY, SHEEi-IAN 3c BENSON
A PARTNEASMIP INClUO1NG PNOFESSIONAL ASSOCIATIONS
l.itw OFFIG'c5
ONE CORPORATE C'cNTER
7401 METRO 90ULcVARO
SUIT'c 555
MINNEAPOL'S, MINNESCTA 55635-391 O
TEI.E°NONE (612) 831•8500
Mr. , : lcyd Hiar
3720 Kncll Ridge Drive
iagan, Minnesota 55122-3139
RE• BraLr - g;z,-, Gracing anc Drainage Dispute
D2G= M= . H'_G?' :
WATERTOWN OFF1Cc
Wr1TERTOWN. MN 55388
TEIfiPwCNE (612) 466-5 28 1
R ?C ? 2 J?.?3
cll= CI.lE_^.t.5 P"'-uUl dRQ Kct.=Z j;: llIl WOL lC 1'.:.:SZ t0 rEaCl: an dC1'°__^,12.^_t
iJ1Ln VOL t.C Y'P5014"E u12 1"EScn°r1C°Q Qi5_Uta.
Ci4?GT?.S =1"° 4Ji 11 4:,C 'CO ..c__ :52 VOL' :=0m^t:0 ddIllcC25 wR1C1 ;=dV2
:ZSi:llt°Q LiCIR yOl'__` remcvai o= the SllT.7DOrt OL t::°1r 501I S. Gi. vOliZ'
:.1..^:_uQ?7 CrpnE?'Ly 11:^.E G-niQ °YrCSuT'° Cf t:e1r subscils in rerura LGL"
vOL'_T' pE'_":II1551CR iCZ' ?_.p1 r 2=:t_:i liPCII yOlii property t.0 t-1E 2.{Lcr t
- eces=arv f-r their constrllCt:- OR o_ ' a rata_r_iag wall. The Brauns
.
ciSC IIP.G°_rSta:iC tiOli W'_'b2 SJCCIRg yOUi IOt ti115 S?L''_ng ai:C :_e°_^r
vct- co to sod s::cr? 1 77 aft=r tne rerai^, ng wali has -een
? .-??,i ??ent
SG the SC1i S ct it5 -CL_*?a3t].071 QO ROt WaSi1 dWcV-
ollT Cl-°1_1-5 d:e ',,.cce=lll t_1dL t:2V C3R WOrk wi tn you tO COmolete t:_
'
necessa_v 1aT1CSC3D1: C to preserce and beautiiy the
an eQllltdDi?
•-'p°:`=°S. W'e r!ODE VOL; a_"° 'dlSv inclined tO =?aC=1 respective
Y2s^iilt=0i. Ci t:.1S GiS?LL° d^G lOOk 'Orwa-C t0 i7Caring L_OID yGt.i.
Very ti:11y SJCLrS t
finFcVEY, SnEa?1T & BE:?iSODT
' l
John`:!:
,isr
cc: i^.r,
Mr.
Harve ?
.
DaviC G.--Keller
and Mrs. Paul Braun
,
,
,
HAUGE, EIDE & KELLER, P.A.
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' HOrrtey5 a/ Caw
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TOl1'N CENTRE PKOFESSIOti'AL BLDG., SUITE 200
` 1260 Y.4ti}:EE DOODLE ROAD
F.AGAN, %11\tiES07'A 55123
(612) 456-9000
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March 29, 1988
Mr. Floyd Hiar
3720 Rnoll Ridge Drive
Eagan, MD? 55122-3139
Mr. Paul Braun
3710 Rnoll Ridge Drive
Eagan, Mtd 55122
RE: Braun-Hiar - Grading & Drainage Dispute
Dear Mr, Hiar and Mr. Braun:
PAULM.MAUGE
KEVIN W. EIOE
DAVID G. KELLER
LORI M. BELLIN
DEBitA E. SCNMIDT
TMOMAS P. LOwE
Pursuant to my discussions with each of you, I and two of the City's
landscape architects have reviewed your lots. In addition, I have
received a copy of a letter dated March 25, 1988 from John M. Harvey
to Floyd offering to resolve this dispute simply by allowing access
on to the Hiar prooerty in order to construct the required retaining
wall. Hopefully, Mr. Harvey's proposal has resolved the problem
without further action.
Our conclusions on behalf of the City of Eagan are as follows:
1. This is a civil problem that
reason to address as gart of
review of landscaping plans,
adjacent property.
up until recently, the City had no
its inspections did not include
particularly as they relate to
2. The escrow provided by Mr. Lraun should be released.
3. Each of the homeowners (actually the builders) have contributed
to the problem by not placing the homes on the lot in the most
site-sensitive manner.
4. The Hiar home could have been built to a higher elevation with
the driveway on the north side, providing a positive grade out
towards the street.
5. A different style home on the Braun lot would have cre-4?ed a
less significant grade differential and increase the a.tance
between these properties.
I R
J
Mr. Floyd Hiar
Mr. Paul Bzaun
March 29, 1988
Page 2
6. The second retaining wall may be necessary to provide the
quickest and most logical solution to the grade differential
problem.
7. From our experience, litigation in regard to this type of
problem is much more costly than cooperating to construct an
additional retaining wall.
8. We all recognize that it is important that neighbors are at
least able to be courteous to each other. There are other
homesites in the City of Eagan with similar grade differentials
that you might•consider viewing to see how well it can be
addressed. One example is along Denmark Avenue, just north of
Deerwood Drive.
Again, we hope that the problem has resolved itself and that if it
has not, this letter is of some assistance.
Sincerely yours,
HAUGE, EIDE & KELLER, P.A.
David G. Keller
DGR:ras
cc: Mike Foertsch?
John M. Harvey
>
LlI 5/ i??4":;?
- city of eagan
TO: STEVE HANSON, ASSISTANT BUILDING OFFICIAL
JOHN VONDELINDE, SUPERINTENDENT OF PARKS
FROM: CITY ADMINISTRATOR HEDGES
DATE: SEPTEMBER 2, 1992
SUBJECT: FLOYD HIAR
MEMO
I was contacted by Floyd Hiar yesterday morning following his receipt of a citation from
the City of Eagan regarding the establishment of turf grass. He expressed his frustration
with the City going back to an issue with the Building Department in which he claims the
property located at 3720 Knoll Ridge was not properly excavated and the home
constructed has caused a drainage onto his property requiring landscape timbers and
other corrective measures. Mr. Hiar has indicated that he is on record that he will not
perform any corrective work to his yard until his neighbor has taken care of his property,
satisfying landscaping requirements.
Mr. Hiar indicated a willingness to place money into an escrow with the Ciry to resolve his
turf establishment once the timbers and wall issue on the adjoining property is resolved.
Mr. Hiar also stated that the parcel files of his neighbors in particular should have a
record of these issues.
I would like the files researched and, hopefully, we can meet for a few minutes and
discuss this in further detail in the next few days.
Thanks for your coordination.
City Ad mistrator
cc: Dale Runkle, Director of Community Development
Ken Vraa, Director of Parks.& Recreation
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REGEiV?D N011 2 9 9987
FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 20, 1987
Mr. Tom Colbert
Director of Public Works
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear NIr. Colbert:
The recent development of property at 3710 Knoll Ridge
Drive, adjoining my home has created problems of surface drainage
and erosion.
Several members of your staff have provided assistance to
me, and I would like to commend you on the fine people you have
working for you. They are Mr. Mike Foertsch, Mr. Bruce Allen and
Gordy (whose last name I've never gotten).
Currently it looks as though a resolution to this problem
will be reached.
To yourself, city staff, city council or committee, I am
volunteering my time to discuss my observations of this probZem
and other potential problems I foresee in the future of Eagan.
Should you wish to contact me, I can be reached at 456-0385
or 456-0387.
SincerelZr
?G
Floyd Hiar
Enclosure
cc: Mike Foertsch
T
/ ..
i
HAUGE, EIDE & KELLER, P.A.
? AIIOr'`lPyS CIt e21W
TOVb'N CENTRE PROFESSION'AL BLDG., SUITE 200
? 1260 YANKEF DOOULE ROAD
F,AG.A1, A41NNF.S01'A 55123
(612) 456-9000
H1?9i ;q?a?} 3 0 ?a
i' ??'1
March 29, 1988
Mr. Floyd Hiar
3720 Knoll Ridge Drive
Eagan, Mr? 55122-3139
Mr. Paul Braun
3710 Knoll Ridge Drive
Eagan, MN 55122
,
RE: Braun-Hiar - Grading & Drainage Dispute
Dear Mr. Hiar and Mr. Braun:
? 1' 6e j6w- 4??
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
THOMAS P. LOWE
Pursuant to my discussions with each of you, Z and two of the City's
landscape architects have reviewed your lots. In addition, I have
received a copy of a letter dated March 25, 1988 fram John M. Harvey
to Floyd offering to resolve this dispute simply by allowing access
on to the Hiar property in order to construct the required retaining
wall. Hopefully, Mr. Harvey's proposal has resolved the probZem
without further action.
Our conclusions on behalf of the City of Eagan are as follows:
1. This is a civil problem that up until recently, the City had no
reason to address as part of its inspections did not include
review of landscaping plans, particularly as they relate to
adjacent property.
2. The escrow provided by Mr. Braun should be released.
3. Each of the homeowners (actually the builders) have contributed
to the problem by not placing the homes on the lot in the most
site-sensitive manner.
4. The Hiar home could have been built to a highe= elevation with
the driveway on the north side, providing a positive grade out
towards the street.
5. A different style home on the Braun lot would have cre,7`.ed a
less significant grade differentia2 and increase the d:^=;tance
between these properties.
«
. ..
?
Mr. Floyd Hiar
Mr. Paul Braun
March 29, 1988
Page 2
6. The second retaining wall may be necessary to provide the
quickest and most loqical solution to the grade differential
problem.
7. From our experience, litigation in regard to this type of
problem is much more costly than cooperating to construct an
additional retaining wall.
8. We all recognize that it is important that neighbors are at
least able to be courteous to each other. There are other
homesites in the City of Eagan with similar grade differentials
that you might-consider viewing to see how well it can be
addressed. One example is along Denmark Avenue, just north of
Deerwood Drive.
Again, we hope that the problem has resolved itself and that if it
has not, this letter is of some assistance.
Sincerely yours,
HAUGE, EIDE & KELLER, P.A.
David G. Keller
DGK:ras
cc: Mike Foertsch?
John M. Harvey
`r
-Gw
q (?
MEMO TO: TOM HEDGES, CTI'Y ADMINISTRATOR
FROM: JOHN VONDELINDE, SUPERINTENDENT OF PARKS
DATE: AUGUST 5, 1992
SUBJEGT: TURF ESTABLISHMENT NOTICE - FLOYD HIAR -
3720 KNOLL RIDGE DRIVE
This memorandum is provided as a follow-up to our recent conversation concerning the
ongoing weed complaints and turfgrass establishment issues at the Floyd Hiar residence -
3720 Knoll Ridge Drive, Eagan.
Back round
As you may be aware, Mr. Hiar has been the owner/occupant of the residence at 3720 Knoll
Ridge Drive since it was originally constructed in 1985. During the past six years, City staff
(particularly the Assistant City Weed Inspector) have received numerous complaints from
the neighborhood concerning the appearance of Mr. Hiar's lawn. But, despite the
enforcement efforts by the City, coupled with the disgruntled feelings of his neighbors, Mr.
Hiar has still not installed turfgrass on his property.
As a result of his inattention to this problem, the City has been sending weed violations to
Mr. Hiar on an annual basis. In addition, there have also been numerous phone
conversations and meetings with Mr. Hiar concerning this problem. I personally met with
Mr. Hiar two or three years ago on this issue and have also discussed it with him by
telephone.
As you are aware, prior to July 1990, the City ordinance simply required that grass and
weeds be maintained at a height of not more than six inches. In addition, the State Noxious
Weed Law (which the City also enforces through iYs Weed Inspector) requires that noxious
and"nuisance weeds be controlled, to the eactent that they be removed either mechanically
or through chemical means. Consequently, the most that the City could do in terms of
enforcement, prior to July 1990, was to simply "control" the weeds and any grass at a
maximum height of six inches. This was done through the issuance of the City's
standazdized enforcement notices and the state's noacious weed notification form.
In July 1990, the City Council adopted changes to the Cit}'s turfgrass ordinance which now
permits the City to require the establishment of suitable turfgrass on all &ont and side lot
areas of developed property and all maintained portions of the rear lot areas. The code
further requires that turf establishment occur within one growing season of homeowner
occupancy or final grading, whichever is sooner. The purpose of adopting this ordinance,
.
TURF ESTABLISHMENT NOTICE
August 5, 1992
Page 2.
as you will recall, was to give the City a new tool of enforcement to ensure that property
owners would take the necessary steps to install suitable turfgrass within a reasonable
period of time.
I should also make you aware that Mr. Hiar is not the only resident who has failed to follow
through with turf establishment in a timely fashion. There have been others over the years,
but the issue with Mr. Hiar stems back further than any other that I can recall.
Additionally, I understand that he is the onlv property owner at this point who has not
complied with the City's previous requests to install turfgrass. One of the purposes in
establishing this new ordinance, of course, was specifically to address these types of
persistent and lingering turfgrass violations.
Cunent Issue
As you are aware, the current issue between Mr. Hiar and the City stems from a turfgrass
violation letter that was sent to him on May 21, 1991. A copy of that form letter is attached
for your reference. As you can see, this is the standard letter which we are currentiy using
on a11 properties where weed violations and the need for turf establishment eacists. This
letter, in a very informative and non-threatening manner, requests that the homeowner take
action within the prescribed period of time (generally one growing season or one calendar
year) to establish suitable turfgrass on their property. The City's notification to Mr. Hiar
gave him until May 21, 1992 to establish turfgrass. Considering the length of time that we
have been dealing with Mr. Hiar on this issue, this seemed to be a very reasonable period
of time, and was consistent with other turfgrass violation notices we were sending at that
time.
On Apri123, 1992 the Assistant Weed Inspector, LeRoy Berg, sent a"thirty-day" reminder
notice to Mr. Hiar indicating that his twelve-month turf establishment date would expire on
May 21, 1992. Subsequent to that notification, a follow-up inspection of the property was
conducted by Leroy on June il, 1992. That inspection revealed that Mr. Hiar had not
followed through with seeding or sodding as required in the City's official notice.
Recognizing Mr. Hiar's disregard of the City's directive, along with other pending properties
that were reaching their "sunset" date, I requested a formal opinion from our City attomey's
office relative to the basis for entering private property to perform turf establishment and
the proper legal procedure to follow in such cases. Sharon K Hills responded with a four
page opinion concerning the Cit}'s legal authority to pursue such action. To capsulize, she
stated the following:
1. that the City has a right to enter upon private property, without a court order, to
establish turfgrass,
?
TURF ESTABLISHMENT NOTICE
August 5, 1992
Page 3.
2. the head of the department (and presumably his assigns) responsible for enforcement
of turfgrass weed regulations shall determine whether sod or seed shall be implanted,
3. the determination shall be made on a basis of financial and practical reasonableness,
4, if the amount of the contract is estimated to be $10,000 or less, the contract may be
made by either open quotation or in the open market, at the discretion of the
governing body i.e. sealed bids are not required,
5. reimbursement of costs incurred by the City must be charged to the owner before any
unpaid chazges are made to special assessments.
The balance of her memorandum goes on to address the specific legal basis for this
authority and some pertinent considerations, such as follow-up maintenance of the turfgrass
by the property owner.
In light of the City attomey's recommendations, and following my discussions with Ken
Vraa, I advised Leroy to initiate the process of turfgrass establishment at the Hiar residence
by first obtaining three written quotations for preparation and sodding of the property.
During the past week, Mr. Berg has been working with several landscape contractors to
secure these quotations.
As you know, I.eRoy's inspection of the Hiar property on Tuesday, July 28th (with a
landscaping contractor), resulted in something of a confrontation between Mr. Hiar and the
City. From my discussions with LeRoy, I understand that Mr. Hiar ordered LeRoy off of
his property and suggested that he was going to call the police if it happened again. LeRoy
informed him that he was simply following the procedural aspects of the Cit}'s turfgrass
violation enforcement and, under City code and state law, had the right to enter Mr. Hiar's
property to perform the inspectiun. I further understand that Mr. Hiar brought up several
other zoning related issues in the neighborhood such as the need for the neighbors to fix
their fences, etc. One of the issues presumably relates to a ongoing conflict between a next
door neighbor (Mr. Braun) and himself conceming a drainage problem that dates back to
1986 or 1987. LeRoy said that he told Mr. Hiar that these other issues were not germane
to the turfgrass violation. He reiterated that his primary task was to ensure that turfgrass
establishment occurred on the Hiar property in accordance with City code.
In accordance with our discussion, and pursuant to the City's legal authority, my plans are
to have staff continue to proceed with this case. By August 7th, I should have available the
written quotations to perform sodding at the Hiar residence. Once those quotations are
received it is my intention to meet with Ken Vraa to discuss the quotations and to set a date
TLJRF ESTABLISHMENT NOTICE
August 5, 1992
Page 4.
for the work to be done. As I mentioned to you, we aze planning to issue another
notification to Mr. Hiar giving him a two-week advance notice of the date that the work is
to occur. If, during that final two-week period, he takes action to complete the work
himself, this issue will be dropped by the City. If he fails to do so, I believe that our only
prudent altemative is to honor the procedure laid out in the City's ordinance, and in so
doing, respond to the many concerns of the adjacent neighbors who have waited siac yeazs
for this problem to be resolved.
If you have any additional concerns or quesrions, I would be happy to respond to them at
cc: Ken Vraa, Director of Parks and Recreation
Rich Pelletier, Park Operations Supervisor
Leroy Berg, Assistant Weed Inspector
5b:hedges.213
r&v/nan
y .
- :4EDsRV OF
3830 PILOT KNOB ROAD THOMnS EGAN
EAGAN, MINNESOTA 55122-1697 wya
PHONE: (612) 454-8100 DavIO K. GUSTAFSON
FAX:(612) 454-6363 PAMELA Ne-REA
TIM VAWLEN7y
DATE THEODORE WACMER
Council ,vemters
THOMA$ HEDGES
Ciry Administracor
EUGENE VAN OVERBEKE
NAME ct, clerk
ADDRESS
RE: WEED CONTROL AND TURFGR.ABB ESTAHLISHMENT? CITY OF ETGAN
Dear Mr and/or Ms.
First Name, Last Name
The Eagan City Council has adopted a series of ordinances which
govern the maintenance of weeds and the establishment of turfgrass
on lots or land parcels within the City of Eagan. The "weed
control" ordinance has been in effect since April 21, 1981 and was
recently revised by the City Council on July 10, 1990. In
addition, the City Council adopted a"turfgrass establishment"
ordinance on July 24, 1990, which requires owners of lots and
parcels to establish suitable turfgrass within one growing season.
'Phe purpose of these regulations is to protect and promote the
public health, safety, and general welfare of the City through the
abatement of hazardous and nuisance conditions within the City.
The City is also responsible for enforcing the state's Noxious Weed
Law (Minnesota Statute 18.171).
Weed Violation
The property located at
' (Address) ?
P.I.D. # has been found to be in violation of
the City Weed Ordinance (City Code, Section 7.08, Subd. 3 and
Section 10.21, Subd. 4). A copy of the ordinance is enclosed for
your reference: In compliance with the ordinance, you are being
asked to cut or eradicate these plants, within seven (7) days of
official receipt of this notice, to a height of not more than six
inches. If you fail to take the appropriate action, the City will
be forced to arrange this work with an independent contractor and
will bill you directly for the charges involved.
1
THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWiH IN OUR COMMUNITY
Equal Opportunity/Affirmative Aclion Employer
;
..
Turfarass Establishment
The property.located at this same address will also be required to
establish turfgrass on all maintained portions of said property
within a period of one full growing season from the completion of
final grading or date of oocupancy, whichever is sooner. This
includes all front and side lot areas as well as rear portions of
the lot intended for occupation and use. (See attached City Code
Sec. 7.08, Subd. 2 and Sec. 10.21, Subd. 2.) Appropriate methods
for establishing suitable turfgrass would normally involve the
complete eradication of all weeds (through grading or application
of a broad spectrum herbicide), removal of rocks and debris, final
soil preparation, followed by sodding or a seeding/mulch
application. In most cases, supplemental watering is also
recommended until such point as the turfgrass roots become
adequately developed.
In accordance with this ordinance, you will be required to
establish turfgrass on the property within one full growing season
of the date of official notification by this letter. Therefore,
the property must be in full compliance no later than
Similar to the weed ordinance, if you fail to take
appropriate action, the City will arrange the work with an
independent contractor and will bill you for the costs involved.
As a final point of clarification, until such time as sodding or
seeding is completed, the City will continue to inspect the
property to ensure that it is in compliance with the City's weed
cutting ordinance.
If you have any queations concerninq
weeds or the eatablishment of turfgrass,
Eaqan Weed Inspector at 681-4300.
Leroy Berg
Assistant Weed Inspector
Additional Remarks:
22wp:weedcont.rol
removal or cutting of the
please contact the City of
2
;ity oF eagan
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122•1897
PHONE: (612) 681-4600
FAX: (612) 681-4612
MAINTENANCE FACILITY
3501 CDACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
THOMASEGAN
McyOt
DATE
NAME
ADDRESS
ADDRESS
Dear Name:
PATRICIA AWADA
PAMEIA MCCREA
TIM PAWIENTY
THEODORE WACHTER
Councll Members
THOMAS HEDGES
Clry Aamininstrator
EUGENE VAN OVERBEKE
Ciry Clerk
On the City of Eagan sent you a letter
concerning a City ordinance which requires property owners of
developed lots to establish suitable turfgrass on all maintained
portions of their property. These include all front and side lot
areas, as well as rear portions of the lot intended for occupation
and use. A copy of the relevant sections of the City ordinance are
attached for your reference. In that letter, you m-sy recall that
the City advised you that turf establishment must be completed on
your property no later than (one full growing
season following initial notification).
It has now been 11 months since our original letter was sent to
you. Based on our most recent inspection, turf establishment has
not yet occurred. By way of this letter, we wish to remind you
that turf establishment must be completed by , in
order to comply with City ordinance. After that date, the City
Weed Inspector will be inspecting your property for compliance with
this notification.
If seeding and/or sodding has not been completed by the designated
date, the City will have no choice but to have the work performed
by a private contractor and to bill you for the services. If
payment is not received within the required time, an assessment
will be made against your property taxes owing on the parcel.
If you have any questions or need clarification about the
ordinance, please feel free to contact Leroy Berg, Assistant City
Weed Inspector at 681-4300 during normal City business hours.
Sincerely,
Leroy Berg
Assistant City Weed Inspector
Encl.
cc: Jim McGuffee, Parks Maintenance Supervisor
JKV/ LB/cm 25wp:weedcont.rl2
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Atflrmative Action Employer
?
.
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On .. 1 Pean Nn ..I 13-
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MELBY LANDSCAPING INC.
5751 W. 150th St.
APPLE VALLEY, MINN. 55124
Phone 432-6100
PliOPOSAI 5 ITf TO pATE
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ADONESS PHpHE
DATE OF VUNS
JOB NAME AHD LOCATION
? . ApCHITECT
Q ?I
J09 PHONE
We here0y suhmit/s?pecificalions antl estimales, (subject Io all larms ^and conAiti,oyns as set/fort?h on Doth siGes, aa fallows:
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(Read Reverso Side)
OP PCAPD8? hereby to fumisA material aiM labor - canplete in accordance with above specifications,
for the sum of: dol lars ($
Note: This proposal may be withdrawn 6y us if
AuthorizeA
not accepLeE within Aays. Signature
AlrP;ltPi1: 7he abovo prices, speci/ications and
coneitions ara satislaMOry and am hemhy accepted.You Signature
are autnorireC W do tne work as specilie0. Paymant
will Oe maCe as oudinea auore.
Data Signatura
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FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 19, 1987
Mr. Steve Hanson
Assistant Building Official
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mr. Hanson:
Thank you for your assistance in resolving the surface
drainage and lot erosion problem that has been caused by the
development of a house at 3710 Knoll Ridge Drive.
Attached is a copy of correspondence to Mr. Paul Braun who
is the lot owner. I have also sent a copy to Darreii Pearson,
the contractor for Mr. Braun.
As we have discussed, the changes to the topography of the
lot at 3710 Knoll Ridge Drive have placed my property in jeopardy
of future flooding and damage. This was created by the decisions
of Mr. Pearson (the contractor) regarding location of the house
on the lot and grading changes from the original development
plan.
In the letter to Mr. Braun, 2 make reference to #9 -
Concerns about the construction of a retaining wall or wails. I
feel they offer a solution to this issue.
Iwould like to h--ar £rom yourself or Mike I'cartsch as this
problem is resolved.
Sincerely ours,
?
cc: Mike Foertsch
Enclosure
t •.?
4
FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 19, 1987
Mr. Mike Foertsah
Assistant City Engineer
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mr. Foertsch:
Thank you for meeting with me last week, your previous
staff's assistance (Gordy and Bruce) and your continued assis-
tance.
Resolving the problems caused by Mr. Darrell Pearson
(contractor) and Mr. Paul Braun (lot owner) at 3710 Knoll Ridge
Drive has been very frustrating to me. Attached is a copy of
- correspondence to Mr. Braun and Mr. Pearson.
The letter clearly identifies my concerns and offers a plan
of action that hopefully can resolve the drainage and erosion
problems.
As progress, proposals or problems occur regarding a retain-
ing wall or walls, I would like to be kept informed by yourself
or Steve Hanson. Additionally, I feel written plans, drawings
and correspondence from Mr. Braun and/or Mr. Pearson are impor-
tant. As we have both experienced, the verbal promises of
contractors and individuals are often meaningless.
Thanks again.
Sincerely,
Floyd Hiar
cc: Steve Hanson
EnClosure
• ?y
?
FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 20, 1987
Mr. Doug Reid
Building Official
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mr. Reid:
Attached are several copies of correspondence regarding
problems created by the construction of a new house on adjoining
property to my home at 3710 Knoll Ridge Drive.
Your staff has been most helpful in assisting me with this
problem. From what I have learned, this problem could have been '
eliminated if the City of Eagan had stronger codes and a better
system of review for new construction.
In an effort to help the City of Eagan, I am volunteering my
time to discuss with yourself, city staff, city council or com-
mittees my observations.
2 can be reached at 456-0385 or 456-0387.
Sincerely
?
Floyd Hiar
Enclosure
cc: Steve Hanson
.
..- . ,
?
FLOYD HIAR
3720 Knoll Ridge Drive
Eagan, Minnesota 55122-3139
November 18, 1987
Mr. Paul Braun
3710 Knoll Ridge Drive
Eagan, Minnesota 55122
Dear Mr. Braun:
At the tirrie of ground breaking for your new home and in many
discussions since, I have stated my concerns regarding how you
planned to control surface drainage and to retain your lot's ero-
sion along our adjoining property line. Tt has been acknowledged
by yourself and Darrel Pearson (your contractor) that you changed
the topography of your lot greatly. This has created a situation
where you have directed your lot's surface drainage onto my
property.
The change in your lot's topography does not follow the
development plan presented by James R. Hill, Inc. for the devel-
opment of Rose Hill Addition and approved by the City of Eagan.
Because your contractor has not £ollowed the development plan;
you have placed my home and property in danger of flooding and
land erosion. This would most surely cause my family physical,
mental and monetary losses.
Mr. Steve Hanson, Assistant Building official and Mr. Mike
Foertsch, Assistant City Engineer,, have looked into this matter
and.have acknowledged that the development plan was not followed.
Additionally, they recognize the potential danger to my home and
property. They have indicated that you will be required to con-
struct some type of retaining wall or walls on your property.
I have several concerns about the construction of this re-
taining wall or walls:
l. The retaining wall or walls should be clearly constructed on
your side of the property line.
2. Surface drainage and roof run-off should be contained and
controlled on your property.
3. The cost of this retaining wall or walls will be the respon-
sibility of you or your contractor.
4. The costs and expenses for maintenance and repair of the re-
taining wall or walls will be yours.
.: •.
Mr. Paul Braun November 18, 1987
Page Two
5. Should the retaining wall or walls fail (i.e. deterioration
or collapse), you will be held legally responsible for all
damages and required to corr'ect these failures in 30 days.
6. Due to the direct effect this retaining wall or walls has
upon my property, my input and review of construction plans
should take place.
7. The final design, material selection and construction plan
should be reviewed by the Eagan City Engineer.
S. On-site inspections during construction and final approval
should be provided by the Eagar. City Engineer.
9. A statement of ownership and legal responsibilities
regarding a retaining wall or walls should be signed and
recorded as a part of future title to our individual pro-
perties.
Should you have any questions or wish to discuss this, please
feel free to contact me at your convenience. I can be reached at
456-0385 or 456-0387.
Sinc rely,
?
?
Floyd Hiar
cc: D. Pearson
S. Hanson
M. Foertsch
HAUGE, EIDE & KELLER, P.A.
? Arro.,wys af ?'aL•
T041"N CE?rTRf PROFESSipNAL BLDG., SUITE 200
` 1260 1'.4NhEE DOODLE ROAD
EAGAti, ntl!itiESOTA 55129
(612) 456-9000
January 8, 1988
TO: Tom Fiedges
Tom Colbert
Gene VanOverbeke
Dale Runkle
X Mike Foertsch
FRO?;: Faul Hauge
Kevin Eide
X Dave Keller
Lori Bellin
Debra Scnmidt
Rr^: Hiar/Braun dispute
Project ho. -
Er,closed please finn:
?AULN.MAUpE
KEVtN W. EIDE
DAYIO G. KELLER
40M1 M 9ELLIN
DEBRA E SCNMIDT
Developmenr Contract
PJD Aqreement
Easement
Deed
x other a draft of a proposed letter.to Mr. Hiar.
Action reguested; Please review and call me to discuss.
jjm
..IF, ' , Lk1 (b i tgq'e!-k!!
January 8, 1988
Mr. Floyd Hiar
3720 Knoll Ridge Drive
Eagan, MN 55122-3139
RE: Hiar/Braun Dispute
Dear Mr. Hiar:
Recently, our City Engineering staff asked me to review the dispute
that has arisen between you and your neighbor, Paul Braun, who has
recently constructed a home adjacent to your home.
It is my understanding that final grading has not been completed on
the Braun property and, that at this point, your property has not
been sodded. Apparently, there is a drainage problem between the
two homes with a concern on your part that there will be an
inappropriate amount of runoff from the Braun property into your
yard.
I have copies of your correspondence and that of City staff in
addition to a letter from Mr. Braun's attorney. It appears that the
City did require Mr. Braun to provide retaining walls to protect
your property and that he did deposit $1,000 with the City to insure
that that is done at the earliest possible time. However, I am very
concerned to find that you had, apparently, excavated as much as
three feet of your property adjacent to the Braun property creating
an additional erosion problem.
It is our suggestion that the City now require you to provide a
financial guarantee, of approximately $500, to insure that both
sides of the property line are restored in a manner to allow the
proper flowage of storm runoff. If this is not acceptable, it seems
that the only alternative is to return Mr. Braun's $1,000 and let
you and Mr. Braun solve the dispute in County Court.
Sincerely yours,
HAUGEt EIDE & KELLER, P.A.
David G. Keller
DGK:jjm
cc: Pau1 Braun
John M. Harvey
. ? f 30
2007RESIDENTIAL BUILDING rExMiT arri..icaTiorr (
City Of Eagan (??6 y
3830 P'?lot Knob Road, Eagan NiN 5?122
Telephone # 651-675-5675 FAX # 651-675-5694 -
New ConsWction Requirements Remodel/Repair RequiremeMs Office Use Only
3 registered site surveys showing sq. R af lot, sq. ff. of house; and all roofed areas 2 copies a( plan showing foo6ngs, beams, joists Cert of Survey Recd Y_ N
(20%malcimum lot coverage allowed) 1 set of Energy Calalations for heated addiGans Soils Report Y_ N
1 Soils Repod H proposed building is to be placed on disturbed soil 1 site survey (or addi6ons & decks Tree Pres Plan Recd Y_ N,
2 copies of plan showing beam & window siies; poured Found design, elc. AddiSon - indicafe iton•site septic sysfem Tree Pres Required Y_ N
1 set o( Energy CalculaBons On-site Septic System _Y _ N
3 copies o( Tree Preservatlon Plan iF lot platled after 711193 61-7
Rim Joist Detail Opfions selection sheet (buildings with 3 or less units)
Minnegasco mechanical ventilation torm Plans are.considered pubiic information uniess vou state thev re trade secret an the r on.
Date ' . /7/?
Site Address Construction Cost
u)a lli, /i, q?' . Unit/Ste #
Description of Work &J ? I d C.. 4WI- "iav cz.C(' e55 &?L 111A.1r?
Multi-Family Bldg _ Y)L N Fireplace(s) X 0 _ 1 _ 2
Property Owner ?U T 1A ? ? LcCr J SSc( s(' O l 1 Telephone #(?
Contractor
ilS ?40?L(ih,y?DUGh')E<ilS
_
Address
State o44-- S_ Li
N Zip City
Telephone # ( ?/)
COMPLETE THIS AREA ONLY IF CONSTRtJCTING A NEW BUILDING
- Minnesota Rules 7670 Cateeorv 1 ? ??-J 26 ? e a Rules 7672
Energy Code Category • Residenlial Ven(ilation Category 1 Works •? ergy Code Worksheet
(4 submission type) Submitted Q q pR q Su i ted
• Energy Envelope Calculations Submitted ?+ 5 1OQl
In the last 12 months, has the City of Eagan issued a permit for a similar plan based on a master plan?
_ Y _ N If yes, date and address of master plan:
Licensed Plumber
Mechanical Contractor
Sewer/Water Contractor
Telephone # (
Telephone #(
Telephone #(
I hereby apply for a Residential Building Permit and acknowledge that the information is complete and accurate;
that the work will be in conformance with the ordinances and codes of the City of Eagan and the State of MN
Statutes; I understand this is not a permit, but only an application for a permit, and work is not to start without a
permit; that the work will be in accordance with the approved plan in the case o work which requires a review and
approv l of plans.
. Pae,& .Dutbes
Applicant's Printed Name Applicant's Signature
?- .
DO NOT WRITE BELOW THIS LINE
Sub Tvpes
? 01 Foundation ? 07 OS-plex ? 13 16-plex ? 20 Pool ? 30 Accessory Bldg
? 02 SF Dwelling ? OS 06-plex ? 16 Fireplace ? 21 Porch (3-sea.) ? 31 Ext. Alt - Multi
? 03 01 of _ plex ? 09 07-plex ? 17 Garage ? 22 Porch/Addn. (4-sea.) ? 33 6ct. Alt - SF
? 04 02-plex ? 10 08-plex ? 18 Deck O 23 Porch (screen(gazebo/pergola) ? 36 Multi Misc.
? 05 03-plex ? 11 10-plex ? 19 Lower Level ? 24 Storm Damage
? 06 04-plex ? 12 12-plex , ? 25 Miscellaneous
WOrk Types j o w ?'
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? 31 New ?t Imp
m
? m olirior 0 4 4
e Siding ..
? 32 Addition ? 36 Move Building ? 42 Demolish Foundation ? 45 Fire Repair
? 33 Alteration ? 37 Demolish Building' ? 43 Reroof ? 46 Windows/Doors
? 34 Replacetrlent 'Demolition (Entire Bldg) - G ive PCA handout to applicant
D25CrIpt10n: Water Damage `Yes
Valuation , C2U-42 Occupancy MCES System
Plan Review - e100% or _ 25%
Census Code fi/ ?,i, l.?? Zoning City Water
SAC Units Stories Booster Pump
# of Units 5q. Ft. PRV
# of Bldgs Length Fire Sprinklered
Type of Const Width
_ Footings (new bldg)
? Footings (deck)
_ Footings (addition)
Foundation
Drain Tite
Roof Ice & Water Final
_ Framing
_ Fireplace _ R.I. _ Air Test _ Final
Insulation
REQUII2ED INSPECTIONS
_ Sheetrock
Final/C.O.
? Final/No C.O.
HVAC
Other
_ Pool Ftgs Air/Gas Tests Final
_ Siding _ Stucco Lath _ Stone Lath _Brick
_ Windows
_ Retaining Wall
Approved By: , Building Inspector
Base Fee
Surcharge
Plan Review
MC/ES SAC
City SAC
Utility Connection Charge
S&W Permit & Surcharge
Treatment Plant
License Search
Copies
Other
Total
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WiTH WASHERS EVERY 16,1
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ABOVE Al2$ABHtAVJREQUIltEGUARDRAIi,s T(1 2" DM f?e'"I G11R1D MOUMTED
MINIMUM 36" IN HEIGHT AND DESIGNED ; -. v 34" TO 38° AM YR EAD
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ABOVEAREABELOWRE@UiRECiUARDRAIIS A GRIPABLE FANDR@IL EQUIVALENT TO
MINIIvIUM 36" IN HEIGHT AND DESIGNED 7-''-!2TQ 2° DW&?? MI) {UIQUN i ED
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StJRYEYOR'S CERTIFICATE ",
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KYLLO DEVELOPMENT
4 ? DENOTES PROPOSED SURFACE DRAINAGE
O DENOTES IRON MONUMENT SET SCALE: 1 INCH = FEET
• DEN07ES IRON MONUMENT FOUND PROPOSED GARAGE fL00R - 4. fEET
X000.0 DENOTES EXISTING ELEVATIDN PROPOSED LOWEST fL00R = 840•tO FEET
(000.0) DENO7ES PROPOSED FLEVA7ION PROP05ED TOP OF BLOCK = 84 5 -'7 FEET
I HEREBY CERTIFY TO KYLLO DEVELOPMENT THAT THIS IS A TRUE AND CORRECT REPRESENTATION
OF A SURVEY OF THE BOUNDARIES OF:
Lot 11 , Block 1, ROSE HILL ADDITION, accordinq to the recorded plat
thereof, Dakota County, Minnesota
IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACNMENTS, IF ANY, THEREON. AS
SURVEYED BY ME, OR UNDER MY DIRECT SUPERVISION, 7NI5 23RD DAY Of OCTOBER 1984.
2EV. 10-29-84 Tc sNOW
A\ P2.09D'7ED ?4buSE F02.
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SHEET 1 OF 2 SNEETS
PROJECT NO.
84(!?4G
84622
FIIE NO.
FOL DER
BOOK / PAGE
S1GNED: JAMES_R. ILL, INC.
BY : "?-
HAROLD C. PETERSON, LAND SURVEYOR
MINNESOTA LICENSE N0. 12294
JAMES R. HILL, tNC.
Planners ! Engineers / Surveyors
8200 Humbo{dt Avonu• &outh
Bbomin9ton,Mn. 55431 e12-884-3029'
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PROJECT NO. BUOK' / PAGE
849 4 JAMES R. HILL, INC.
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84622 Ptanners / Engineers / Surveyors
FILE NO.
8200 Humboldt Arenu• South
FOLDER,. Bbor,i - nuton• ,MrL. 55431 612-884--3029
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-- JAMES R. HILL, INC.
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8200 Numboldt Avonu• South .
'. IIbomington, Mn. 55431 612-884-3020
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*C�J of Eta
3830 Pilot Knob Road
Eagan MN 55122
Phone: (651) 675-5675
Fax: (651) 675-5694
r
Use BLUE or BLACK Ink
For Office Use
Permit #:
Permit Fee:
Date Received:
Staff:
0
737
'313
INFLOW & INFILTRATION PERMIT APPLICATION
[/ Plumbing / Sewer & Water
Date: e—/-2—/3 Site Address:
Tenant:
la0 %ktiv//Red
Suite #:
.,. a
Name: /ar7hCZra /4nQS,1OS Phone: f( /a' 981-b2.7,
l.)
Address / City / Zip: 31a0 knot / Rib/9G ,Or(UG , ecycin int
sJ,"96 defl �iN rl
1 . s ;39R
�i
4 t
X3 1, ti�a
14.
Y k tam r5�a
/J / .�r
Name: r'r� Jt�(�Ck rs l t , //et pkt irI bi i 9, e. License #: V Co t' S l
r pro
a Pery fivY i "r.�
Address: e//G/11,c G- City: t%-C�G� r1
✓/
State: MO Zip: 557 aI Phone: 61 S/' 626 (1 — C.F.. (lel ($
Contact P'i'e. or- .TU 1 06 Email: hruckwwei e r ^ arnior73(
Op eery%
r t 1" (n�
} „Sump
�
PLUMBING (Within the building envelope)
Pump Repair
SEWER & WATER (Outside the binding
Repair
envelope)
Other:
Other.
{F
,a'le��
1
Description of work: / rfri sump puny pi/ 2 y ftp in ('c./'..
FEES
$60.00 / Each (includes $5.00 State Surcharge) TOTAL FEE $ (JD
• CiO *
`Permit fees will NOT be reimbursed by the City of Eagan. If you plan to submit Ill repair costs for
reimbursement, two quotes from qualified contractors must accompany this application. A list of contractors
can be found by visiting www.citvofeaaan.comlinflow, or City Hall at 3830 Pilot Knob Rd.
CALL BEFORE YOU DIG. Call Gopher State One Call at (651) 454-0002 for protection against underground utility damage. Call
48 hours before you intend to dig to receive locates of underground utilities. www.aonherstateonecall.orq
I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the drdinances and
codes of the City of Eagan; that I understand this Is not a permit, but only an appficcation for a permit, and work is not to start without a
permit; that the work will be in accordance with the approved plan in the case of work which requires a review and approleal of plans,
x J2 II'c F3r'ucki i (t lel/er
Applicant's Printed Name
Apfllicant's Signature
Use BLUE or BLACK Ink
r - - - - - - - - - - - - - - - - -
I For Office Use I
1(317
/ { I
City Of Ea ~nn I Permit
1 all/ I Permit Fee:
3830 Pilot Knob Road Q
U 3
Eagan MN 55122 ~ Date Received:
Phone: (651) 675-5675 I I
Fax: (651) 675-5694 I Staff:
I I
2013 RESIDENTIAL BUILDING PERMIT APPLICATION
Date: Site Address: / Unit
Name: ,()f ~~~aS lo5 Phone:
Resident/
Owner Address ! City /Zip: ~7~
Applicant is: Owner contractor
Type of Work Description of work: 7 (!i
Construction Cost: 5 Multi-Family Building: (Yes ! No
Company: J ~~/?57~U~~Z Contacr-z-
6 Contractor Address: 110 00 eiQ, e / City: ~q GCCY-~-
State: M* k) Zip: bSS Phone: - 6 3 - Y12 9
~~11
License .2D6 3Lz Lead Certificate
If the project is exempt from lead certification, please explain why: (see Page 3 for additional information)
COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING
In the last 12 months, has the City of Eagan issued a permit for a similar plan based on a master plan?
1
_Yes No If yes, date and address of master plan:
9
Licensed Plumber: Phone:
Mechanical Contractor: Phone:
Sewer & Water Contractor: Phone:
NOTE: Plans and supporting documents that you submit are considered to be public information. Portions of
the information may be classified as non-public if you provide specific reasons that would permit the City to
conclude that they are trade secrets.
CALL BEFORE YOU DIG. Call Gopher State One Call at (651) 454-0002 for protection against underground utility damage. Call 48 hours
before you intend to dig to receive locates of underground utilities. www.gopherstateonecall.org
I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of
Eagan; that I understand this is not a permit, but only an application for a permit, and work is not to start without a permit; that the work will be in
accordance with the approved plan in the case of work which requires a review and approval of plans.
Exterior work authorized by a building permit issued in accordance with the Minnesota Stat Building Code must be completed within 180
days of permit issuance.
x / 2ol _Zq x W
Applicant's Pr' ted me Applicant's Sig,, at re
Page 1 of 3
PERMIT
City of Eagan Permit Type:Building
Permit Number:EA118122
Date Issued:10/28/2013
Permit Category:ePermit
Site Address: 3720 Knoll Ridge Dr
Lot:11 Block: 1 Addition: Rose Hill
PID:10-64600-01-110
Use:
Description:
Sub Type:Siding
Work Type:Replace
Description:
Census Code:434 -
Zoning:
Square Feet:0
Occupancy:
Construction Type:
Comments:When installing ventilated soffit material, remove existing material (i.e. debris that could block vents) and take steps to
ensure maximum ventilation to attic. Call for final inspection after installation.
Carbon monoxide detectors are required by law in ALL single family homes .
Fee Summary:BL - Base Fee $4K $103.25 0801.4085
Surcharge - Based on Valuation $4K $2.00 9001.2195
$105.25 Total:
I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State
of Minnesota Statutes and City of Eagan Ordinances.
Contractor:Owner:- Applicant -
Nikolas G Anastos
3720 Knoll Ridge Dr
Eagan MN 55122
Spotless & Seamless Exteriors
8715 Jefferson Highway North
Osseo MN 55369
(763) 428-1111
Applicant/Permitee: Signature Issued By: Signature
PERMIT
City of Eagan Permit Type:Plumbing
Permit Number:EA118509
Date Issued:11/04/2013
Permit Category:ePermit
Site Address: 3720 Knoll Ridge Dr
Lot:11 Block: 1 Addition: Rose Hill
PID:10-64600-01-110
Use:
Description:
Sub Type:Residential
Work Type:Replace
Description:Water Heater
Meter Size Meter Type Manufacturer Serial Number Remote Number Line Size
Comments:Please call Building Inspections at (651) 675-5675 to schedule a final inspection.
Eric Bruckmueller
3992 Pennsylvania Avenue
Eagan, MN 55123
Fee Summary:PL - Permit Fee (WS &/or WH)$55.00 0801.4087
Surcharge-Fixed $5.00 9001.2195
$60.00 Total:
I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State
of Minnesota Statutes and City of Eagan Ordinances.
Contractor:Owner:- Applicant -
Nikolas G Anastos
3720 Knoll Ridge Dr
Eagan MN 55122
Bruckmueller Plumbing Inc
3992 Pennsylvania Ave
Eagan MN 55123
(651) 686-6696
Applicant/Permitee: Signature Issued By: Signature
PERMIT
City of Eagan Permit Type:Building
Permit Number:EA175807
Date Issued:04/15/2022
Permit Category:ePermit
Site Address: 3720 Knoll Ridge Dr
Lot:11 Block: 1 Addition: Rose Hill
PID:10-64600-01-110
Use:
Description:
Sub Type:Windows/Doors
Work Type:Replace
Description:Two or More Windows/Doors
Census Code:434 - Residential Additions, Alterations
Zoning:
Square Feet:0
Occupancy:
Construction Type:
Comments:Improvements to the home require smoke detectors in all bedrooms. If altering window openings or installing Bay or Bow
windows, call for framing inspection. Call for final inspection after installation.
Carbon monoxide detectors are required within 10 feet of all sleeping room openings in residential homes (Minnesota State
Valuation: 5,000.00
Fee Summary:BL - Base Fee $5K $118.00 0801.4085
Surcharge - Based on Valuation $5K $2.50 9001.2195
$120.50 Total:
I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State
of Minnesota Statutes and City of Eagan Ordinances.
Contractor:Owner:- Applicant -
Patrick J Williams
3720 Knoll Ridge Dr
Eagan MN 55122
Renewal Andersen
1920 County Road C West
Roseville MN 55113
(651) 264-7052
Applicant/Permitee: Signature Issued By: Signature