HomeMy WebLinkAbout20070820 - VI-11
VI...!!
MEMO
To:
From:
Date:
Re:
Honorable Mayor and City Council
Tom Montgomery
August l5, 2007
Authorize Landscaping Mitigation Payment
On Monday, August 6t\ the Operations Committee met with Mike and Mary
Wise to discuss their request for new landscaping replace the pond and landscaping lost
when the spring behind the Wise Funeral Home on Spring Street dried up. As part of the
5th Street area construction project, drain tile was installed at the intersection of 5th and
Spring Streets, and north on Spring Street for about a Yz block. This area had a high
water table - above our sanitary sewer and water main. The drain tile is intended to
lower the water table in this area to prevent ground water from infiltrating into the
sanitary sewer systems and to provide a more stable and solid base upon which to
reconstruct Spring Street.
The drain tile worked very well - unfortunately, it dried up the spring that fed a
pond and landscaping area behind Wise Funeral Home. I have enclosed a letter from Mr.
Wise requesting that the City fund a replacement of the landscaping system with a
pumped water system. City Attorney Dan Fluegel was asked to research what the City's
liability may be based on similar circumstances that may have occurred in other
jurisdictions. Generally, it would appear that if this issue were litigated, the City may
likely be held liable to remediate the loss of the spring and landscaping improvements.
OPERA TIONS COMMITTEE RECOMMENDATION
After discussing the issue with the Mike and Mary Wise, and reviewing City
Attorney Dan Fluegel's research, the Operations Committee recommended funding the
replacement landscaping as proposed by the Wises.
Council Action Requested
Council is requested to approve the Operation Committee's recommendation and
authorize funding of the proposed landscaping mitigation as outlined in Mike Wise's July
9th letter.
.-
ern' Of HASTINGS
j. Wise Family
Y Funeral & Cremation Services
Established 1955
July 9,2007
Hastings City Council
To whom it may concern,
I am writing to request to be heard at the July 16 City Council meeting. The purpose of
my request is to seek funds to repair a pond and stream in the back yard of my funeral
home that has been destroyed by the street construction. We had a live spring feeding a
pond which is the focal point of our yard. Because the construction in our area, water
was routed to the river shutting off our spring and causing our pond to dry up, fish and
plants to die, and has left a smell that is not pleasant.
We recently remodeled our funeral home and added two large windows that over looks
the pond area. A very large expense that would not have been necessary without the
pond. We have tens of thousands of dollars in landscaping in and around the pond that
now is an eye sore. Again, the pond and live springs were the focal point of our design.
We were probably the only property in Hastings with a live spring. Hastings takes great
care in keeping its historic theme, as it should. The spring that was in our back yard was
used to drink the animals in early Hastings. In fact the name Spring Street came because
of the springs that are now gone.
I am a small business owner trying to survive in Hastings. When I bought the funeral in
2001 the property taxes were $ 4100.00. In 2007 they are almost $ 11,000.00!! That is a
staggering increase for any business. Now, we will be assessed another $ 20,000
(making 2008 almost $13,000.00) for the improvements from the construction. The
improvements are my concern. I feel that the improvements have caused a major
detriment to my property. I realize this was something that was not thought about prior
.to,construction but the fact remains~.the $ .'20~000.00 al;lsessment isbecause the city feels
my property value will increase because of the new construction. They did not take in
consideration the huge problem caused to my property.
J am seeking money to pay for the repair of my pond. We wilInot need much for
material as 1 am trying to make the pond look as natural as it did before. The quote
attached is from a local landscaping company to repair the pond to as close to the original
design as possible. Thank You in advance for your time and consideration.
Kindest Regards, . /_
-7--Zv!'; [ h/~
Michael C. Wise
400 Spring Street · Hastings, Minnesota 55033 . 651-437-3752/ Fax 651-480-1765
QUALITY IMAGES
Lawn Care and Landscaoine. LLC
18563 Portwood Wav Hastines. Mn. 55033 651-480-2026 612-919-5665
Landscape Estimate For: Mike Wise
Hastings
Page 1
QUANITY DESCRIPTION AMOUNT
Install new waterfalls
install liner in exsisting pond & reshape $4,850.00
Install liner and pump in exsisting stream $1,500.00
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SUBTOTAL $6,350.00
TOTAL $6,350.00
I AGREE TO HAVE QUALITY IMAGES PREFORM THE
WORK ABOVE ON MY PROPERTY AND AGREE TO PAY 50% DOWN AND 50% ON
COMPLETION OF JOB. ALL WORK IS GUARANTEED FOR ONE CALENDER YEAR FROM DATE
OF COMPLETION.
ADDITIONAL SERVICES: Snow Plowing, Complete Lawn Care and Sprinkler systems