Memo Westrbooke Patio Homes
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CITY OF HOPKINS
MEMORANDUM
Date: ' February 8, 1991
To: Honorable Mayor & city Council
From: Steven C. Mielke, City Manager
Subject: Agreement , Westbrooke Patio Homes Association
The staff has been contacted by the legal council for
Westbrooke Patio Homes Association. It appears that the
Association is now prepared to authorize the City to enter
the common areas of the Westbrooke Association property and
allow us to conduct the landfill remediation work which we
,. have proposed.
Our attorneys are discussing with their attorneys the
specific language of the agreement and, as of this date, we
do not have the specific language in hand.
At the worksession, the staff will present an agreement for
the Council's consideration and approval. It IS still
possible to meet our deadline of February 15th, if we are
able to take action that night on the agreement. Our,legal
counsel is currently negotiating the language of that
agreement and will be present to walk through the agreement
with the Council.
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. January 8 , 1991 K, i CouncJ.l Report 91-12
LANDFILL - RELOCATION PLAN AND REQUEST FOR EVACUATION
Proposed Action:
staff recommends the following motion: Move to authorize
staff to develop a continqency plan for the temporary
relocation of residents near the 7th street Landfill under
conditions stated in' this report. Adoption of this motion
will allow staff to work with WPHA to establish a method of
handling temporary relocation issues due ,to landfill
construction.
Overview
The City of Hopkins, in response to a health/safety concern
is planning to undertake a public works project to remediate
methane gas problems at the 7th street Landfill. This plan
has received conceptual approval ,from the Minnesota
Pollution Control Agency (MPCA) and the Westbrooke Patio
Homes Association (WPHA). The City council approved bids to
do the work at the last Council meeting, and work is
scheduled to begin as soon as formal approval is received
from both the MPCA and WPHA.
.. On Wednesday January 2nd, a protest was conducted by Mr.
Leslie Davis and some of the residents affected by the
current problem. The protesters were informed that the
Council would be addressing their demands at the next
regular meeting.
.staff is recommending that the Council authorize staff to
develop a contingency plan which would establish standards
and procedures to follow in the event that conditions
warrant the temporary relocation of residents. ,This plan
would be discussed/developed with the Board of the WPHA and
include a mediation procedure to resolve conflicts.
Primary Issues to Consider
o What demands have been stated by Mr. Davis and
some of the residents?
o What would be considered when developing the
temporary relocation contingency plan?
Supportinq Information
o staff Analysis of Issues
o Memorandum, Relocation Procedure. Dick Nowlin
4It 0 Letter, Kimberly Condon
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steven C. Mielke, City Manager
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- page 2
Council Report 91-12
Landfill Relocation Plan & Request for Evacuation
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Staff Analysis of Issues
The staff has the following primary issues to consider:
0 What demands have been stated by Mr. Davis and
some of the residents?
Based upon or review of submitted material. and discussions
with Mr. Davis, it is the staff's und~rstanding that the
demands are as follows:
1. That residents of the WPHA be evacuated by the city
prior to work commencing on the project.
2. That the City directly negotiate with Mr. Davis on the
issue of evacuation.
3. That, the city purchase the dwellings of residents
affected b~ the current methane problemas compensation
for damage caused by the city.
The staff have reviewed these demands/concerns .and recommend
to the Council that:
. 0 The construction project has been developed
with the safety of the residents foremost in
our minds.
0 That the proper place to negotiate the
concerns expressed by Mr. Davis is with the
WPHA Board of Directors.
0 That the position of the City ought to be
that we will not purchase the town homes,
since the work which will be undertaken is
intended to relieve the current problems.
0 That the issues raised by Mr. Davis are
legitimate concerns which need to be
addressed as we negotiate with the WPHA Board
and,
0 That a contingency plan be developed which
addresses temporary, relocation issue, ' if
determined necessary during construction.
0 What would be considered when developing the
temporary relocation contingency plan?
. Please refer to the memorandum developed by Mr. Dick Nowlin
(attached) . Staff proposes that we address these concerns
with the WPHA Board. If this contingency plan is used, it
will , obviously,bear a cost to the city.
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. To: Mayor Berg January 2, 1991
City Hall
Hopkins, Minnesota
DEMAND FOR EVACUATION
\~e the undersigned residents of Hopkins are being poisoned by
cancer causing and other health damaging gases emanating from'the
Hopkins City Dump.
The proposed excavation of the Hopkins Dump will certainly release
large surges of toxic and cancer causing'gases such as vinyl chloride,
and it is essential that we and~ur families be evacuated before a~y
excavation can begin.
To this end, we have contracted with Earth Protector, Inc., to
negotiate our evacuation with the City of Hopkins.
Leslie Davis, President of Earth Protector, Inc. will lead the
negotiations on our behalf and as our official representative we
expect him and his associates to have the f~11 cooperation of the City.
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. ME MO. RAN D t1 M
TO: steve Mielke, Jim Gessele, city of Hopkins
FROM: Dick Nowlin, Doherty, Rumble & Butler
RE: Relocation Procedure for Westbrooke Patiohomes
Residents
DATE: January 7, 1991
Based on discussions with t.he Minnesota Pollut.ion
Control Agency staff and the City's consultants, it is
recommended that the City work with the Westbrooke Patiohomes
Association to develop a procedure which enables the temporary
relocation of the residents of the patio homes in the event that
Landfill gas/odorous emissions oaused by the construction of the
methane mitigation project become severe. '
In essence, the procedure should allow residents of the
forty patio homes' nearest the'Landfill (e.g., west side of WPA)
as well as Braun Environmental to request/sugqest relocation at
any time following commencement of project construotion. The
procedure should oontain a standard or review process which
allows the immediate assessment of conditions and a determination
as to relocation. I would suggest that the City Fire Chief or a
. similar person be authori~ed to review the situation and grant
any requests i~ediately. Also, in the event that a resident
request is denied, a dispu~e mediation process should be provided
which also, operates on an immediate basis~
It is also suggested that in addition to funding the
cost of such relocation, the City should propose providing a food
allowance duri'ng the relocation period and alternative parking
facilities for garages ,which become unusable due 'to the
construotion. Arrangements could be made with a nearby faoility
such as the Hopkins House to house relocated residents. If
residents wish to stay with relatives or others instead of at the
arranqed location, a food allowance should be provided, but no
housing allowance would be available.
It is recognized that,a voluntary relocation prpcedure
in connection with a pUblic works project is unusual and should
not be regarded as establishing precedent. Further, the
procedure is recognized as a totally contingent and voluntary
prooedure, which, though in place, may neVer have to be used. As
you are aware, city consultants indioate that the Landfill
gas/odor mitigation devices which will be in place during
construction inoluding monitorinqand the ventilation system will
prevent nuisance and/or danqerous conditions from occuring
incident to projeot construction. Nevertheless, it is
. appropriate to have a relocation prooedure developed prior to the
commencement of the construction just in case.
TOTAL P.02
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Mr. Mayor Berg
Hopkins City Hall
1010 South 1st Street
Hopkins Minnesota 55343
December 28, 1990
Dear Mayor Berg:
I know you have been briefed on the issue regarding Westbrook Patio Homes
and the landfill. si~uatlon. ,.......".
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I am a homeowner living closest to the landfill. I have 4 foot methane meters
planted 3 feet from my dining room window. .This i.ssue greatly concerns me
because my life and my home are in great danger.
This summer I planted 5 shrubs and some perennials to cover up the eye sore
outside my window. By August all the shrubs had died and the perennials
never b I oorned. Probable cause: methane and other volitale organic compounds.
Because of the dangerously high risk of the gases igniting due to digging in
the landfill and the total 1 os s of the i, nves tment of my proper ty, I am one of
. a group of people represented by Leslle Davis of Earth Protector seeking to
have the City of Hopkins buyout our homes. They are using us as guinea pigs
on an experiment not even guaranteed to work.
I am writing to you asking for your support in helping us fight for the safety
of our lives by not letting the city of Hopkins dig on the landfill and recommend
they buy us.out of our lost investments. There is a Super Fund - can this be
used?
I appreciate your time and concern on this serious matter.
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Sincerely,
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Kimberly Condon
1330 North Landmark Trail
Hopkins Minnesota 55343
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