The URL can be used to link to this page

Home My WebLink About1994-05-25 Phil Beck Ltr to Mayor Re Lawn Problem May 25, 1994 The Office of the Mayor, City of Oak Park Heights > "vt f �� 14168 N 57th St. Oak Park Heights, MN 55082 Dear Mayor: Enclosed is a copy of a letter sent to Gardner Brothers regarding the resolution of the lawn problem at my residence, 14153 54th Street North, Oak Park Heights. To recap the problem. Gardner Brothers was required to re -cut the drainage Swale through our development. They were restricted to work within the easement in the back of the lots. In our case they cut out a path 20 feet wide through our lot. Our lot already had some slope in it, but the impact of the slope on the usefulness of our lawn had been minimized by our landscaping. The landscaping was completed just prior to the work by Gardner Brothers. The result of their work is that our back lawn became almost useless to us again. The slope of the lawn was changed from a slope of 1 inch /ft to 3 inches /ft. We were not notified of the pending work and did not give anyone permission to do the work in our lawn. As a result, our position is that Gardner Brothers must restore our lawn to its original condition. When we (Todd Monson of Gardner Brothers, you and I) last discussed this matter in the fall of 1992 Gardner Brothers agreed to restore the elevation removed from our lawn when the drainage swale was re -cut through our lawn. Their proposal was to put all the slope into the easement. That sounds good until you measure the slope. That plan will result in a 45 degree slope, dropping 5 feet over a run of 5 feet. That plan is completely unacceptable to me. A person can not stand on that slope without great difficulty. It can not be mowed using my mower. Finally, landscaping roc will not even stay in place on the slope. As a result, I have again this spring attempted to work toward a resolution with Gardner Brothers. They are not returning my telephone calls and have not answered my letter. Their cooperation ended the day you and the city began to back away from this problem. As a result, I am again asking for your help to solve this problem. If you have questions you should feel free to contact me at home (612) 439 -6578 or work (612) 464 -4000. Thank -you for your help and cooperation. Sincerely, Phil Beck April 20, 1994 Gardner Brothers Homes c/o Todd Monson 450 East County Road D St. Paul, MN 55117 Dear Todd: This letter is in response to your August 25, 1992 letter. In that letter you offer two alternatives to repair our lawn that was torn up by your contractor when the drainage ditch was re -cut through our neighborhood. My wife and I spent last summer trying working with landscaping companies to attempt to work either of your solutions into a yard plan. We did not develop a way to make either of those solutions acceptable. By our measurements we will end up with a five foot drop over a five foot run. A 45 degree angle is not usable or mowable. Furthermore, rocks will not even stay on the hill if we choose to landscape it. As a result, we are again requesting that a three foot retaining wall be erected as a solution to the loss in elevation in our lawn. Enclosed are several quotes from landscaping companies to put in a retaining wall. They range from $4,740 to $6,700 (plus taxes) if the landscaping company does the work. Of course, that is a "retail" price. My expectation is that Gardner Brothers could build this for significantly less. We have quoted both a wood and block wall, however, we are also willing to discuss any other option for the wall material. We think it is important that you understand that we just want our yard restored to its original status. We are not interested in some elaborate retaining wall. We would like to avoid the courts, however, we have checked with our . lawyer on our legal status. We did not authorize the work. Your latest elevations were taken before our landscaping was completed. Our lot has become less usable and therefore lost value. As a result, he feels that we have a strong case. My hope is that you will choose to avoid the legal costs and work with us on a solution. I can be reached at work (612) 464 -4000 or home.(612) 439- 6578. I look forward to hearing from you. Sincerely, Phil Beck r N CR] 0 C lo s H-0-M-E-S BUILDING YOUR FUTURE TODAY A«g«st 25 1992 Mr. Phil Beck 14153 54th Street Oak Park Heights, MN 55/)82 Mr. Beck: As per our meet ing with the Mayor on August 19, 1992 at 3,0(�, the purpose for your property stands at this: Per enclose� drawir'r;, the elevat zons that we are working w�th that we distrubed is at 917.1 in approx. 17'-0 to 19'-0 zn c!enges to 913. 1 a 48" grade change. Gardner Bros. will grade at resod only this area. No retaining wall will be bought or installed to correct this condition. It is agreed that we will grade to the home owners agreement one of two ways I 1. Cut approx. 2^-0 out at 19'-0 for a 45 degree slope. T�en taper yard. Item #3 on attached. Flatten out yard till easment and then take up grade change ~^�in easemnet' Item #4 on attached. ! Please inform us of your decision so we can put in the schedu}e. Sincerely, | � ' Todd A. Monson � | PC- : Oak Park Heights City Hall � | ! | ./ 450 EAST COUNTY ROAD O w S[ PAUL MINNESOTA 55117 * /612\ 481-9600 License #2736 � vvi rre-r onsumer wntent i Lm. cost - c C ont e nt Page NO. Of Pages BUELUS 7077 Manning Avenue So. Hastings, Minn. 55033 Phone (612) 459 -9331 Fax (612) 459 -9358 6 ODE ED TO (� PHONE DATE ` JOB NAME ir ' P CODE JOB LOCATION DATE OF PLANS PHONE ZZ3 -- 2_-2_C_- Z. t specifications and estimates for: .......... .......... _...._ _ ......_. ........ 3 y, .......... Cyss __ G �c� oc ......... ............................... .......... . .. ... ......S_l_ ............ ...... .... . ... ...... P 11ropi lliP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made as follows: dollars ($ _) . All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- Authorized lions involving extra costs will be executed only upon written orders, and will become an Signature J_ extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be JS Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within i days. A.rrr twr of f XIIjiIIBd —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature PROWCf IISJ Ees loc.. Gratin, Mass O101.f a Order PlgNE iptl fREE14B007Z56380 +� ESTIMATE 6/22/93 OP.DERraG L0078271 -00 L ANDSCAPE DEPARTMENT 6010 LYNDALE AVE. SOUTH 5/Oi/93 NONE i,,';IN NEAFOLIS, MN 55419 - 2289 61.2 -861 -7696 'f.sl`;P tk P NAPAE DAVE SLETTEN DEIGNL-R PHONE861-7754 ""- ''" 439 -6578 " "'000- 000 -0000 BECK, CINDY BECK, CINDY O 1 14153 54TH ST. NO, H. ? r; 14153 54TH ST, N0. OAK PARK HEIGHT MN 55082 OAK PARK HEIGHT MN 55082 p P.O.4 ° ms ►' , _ 0/0 - 7 and it7 ' - -- 0/00/00 s } *I ��' f -- _ - -- -- -_ _ -..__ • - � * a:� = &11p _ 0100 /00 UNKNOWN e aj 6h • Y u UNKNOWN e F P s k, UB- FROB£R BROTHERS 1.0 6700.00 6700.00 6700.00 6700,00 INSTALLATION OF APPROXIMATELY 270 SQ.FT. RETAINING WALL WITH KEYSTONE BLOCK- BUFF IN COLOR, WALL TO BE APPROXIMATELY 3' HIGH BY 90' LONG ik if M INSTALLATION OF APPROXIMATELY 75 CU. YDS. TOPSOIL FILL BEHIND WALL TO LEVEL YARD i ; THIS ESTIMATE MAY BE WITHDRAWN joy BACHMAN "S INC. 1F NOT ACCEPTED WITHIN 30 DAYS. INDICATES A SALE ITEM CCEPTANCE OF ORDER: SCISSION NOTICE LEFT ON DATE SUBTOTAL 67 67 00.40 6700.00 - iE PRICES, SPECIFICATIONS AND CONDITIONS LISTED ON THE FRONT AND THE 4CK OF THIS WORK ORDER ARE SATISFACTORY AND ARE HEREBY ACCEPTED. DU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. TOTAL 6700.00 C'U!STOMIER COPY JSTOMER SIGNATURE DATE ESTIMATE * 5/01/43 L0076271 -00 t /AV.I. SC I TH 5/01/93 NONE R 5 - ti'2 89 _ DAVE SLETTEH DFSiGNi :K Pr ',,.,E. 861 ' 000-439 -6578 000- 000 -0000 BECK, CINDY BECK, CINDY 14153 54TH ST. NO. _' 14153 54TH ST. NO. OAK PARK HEIGHT MN 55082 OAK PARK HEIGHT MN 55082 1 , P.O.: •r- rs ><,rrs3 _0/00/00 ... _ _ isr .��...1.34- 1 0/00/00 r.-rt+ a�nsSZL.ii zK. tr:� a -r sd.r 0/00/00 UNKNOWN1'° Kc?f'Y i1� r l i /i1r 3 'x - "� +�fi23:) tai -• � "tl.f,.s -'�,Y �•zfi�S3.- 3✓�tafl.3,i'�ivc'i ". UNKNOWN txr, v° ° *d,. 41 +r _ U be <s e•:r m �Fr#.�`.�.,�:�;Kr+v�•s, rr�fa, ..F�:,sF<hc5`x t !r`tix$ �f'�, { -a r *SUB-FROBER BROTHERS 1.0 .00 ,00 5100.00 5100.00 INSTALLATION OF APPROXIMATELY 270 SQ.FT. RETAINING WALL WITH 5'X 6'X 8' LANDSCAPE TIMBERS, WALL TO BE APPROXIMATELY 3' HIGH BY 90' LONG rrr INSTALLATION OF APPROXIMATELY 75 CU. YDS. TOPSOIL FILL BEHIND WALL TO LEVEL YARD THIS ESTIMATE MAY BE WITHDRAWN BY BACHMAN'S INC. IF NOT ACCEPTED WITHIN 30 DAYS. w INDICATES A SALE ITEM C FTAtJt-F OF ORDER: SUBTOTAL .00 5100.00 :_C;�S!ON P?C T;CE LEFT ON DATE - -- - --- ..._. HE, PR?CES, SPECIFICATIONS AND CONDITIONS LISTED ON THE FRONT AND THE SACK OF THIS WORK ORDER, ARE SATISFACTORY AND ARE HEREBY ACCEPTED. _. � AUTHnc;7ED TO DO THE WORK AS SPECIFIED. CUSTOMEPT&PY 5ioo.00 c;•:•cE _•rdA1URF. DATE _. ragC ixu. of rages BUELUS 7077 Manning Avenue So. Hastings, Minn. 55033 Phone (612) 459 -9331 Fax (612) 459 -9358 PROPOS SUBMITTED TO PHONE DATE STREET 108 NAM CITY, STATE AND ZIP CODE JOB LOCATION ARC T ATE OF PLANS OB PHONE Z_ � >— We hereby submit specifications and estimates for: 1,44blIk Z I I'll ):._ XA04 .............. ......... ................ T! Q il f' 'e CJC� 3 ._..... ..... C...s....�.. _ y __ . _.. ....... . ..... ...�P -PS. ........ 1 4 2 - .. _ _ .......--� _ . ._ ... . 4o . .. ....... ......... .......... 3 �-U4k .... .per C,,J �5 t1ropmw hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: ) . Payment t e made as follows: dollars ($ All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica. Authorized tions involving extra costs will be executed only upon written orders, and will become an Signature extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance, withdrawn by us if not accepted within days. ,�xte� tame Df xII tIIB —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature PRODUCT H83 I8d s/'�mc. G,ot. Mas 01471, T.O,tler PHONE TOLL FREE ! +800 225 6380 � I -� '-?. �= r j ± � -4._ 0 - rd "77 w . j ' . 1 - ' �.'t';� 1 LL <Ir Ll