CR 91-12 Landfill- Relocation Plan and Request for Evacuation � • � �
\ � Y O
' , • G �
ti 5 �
� January 8, 1991 �p K` Council Report # 91-12
LANDFILL - RELOCATION PLAN AND REQUEST FOR EVACUATION
Proposed Action:
Staff recommends the following motion: Move to authorize
staff to develop a contingency 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 cantingency 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
. o Letter, Kimberly Condon
even C. Mielke, City Manager
page 2
Council Report 91-12
Landfill Retocation Plan & Request for Evacuation
S
Staff Anal,ysis of Issues
The staff has the following primary issues to consider:
o 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 understanding 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 by the current methane problem as compensation
for damage caused by the City.
The staff have reviewed these demands/concerns and recommend
to the Council that:
• o The construction project has been developed
with the safety of the residents foremost in
our minds.
o That the proper place to negotiate the
concerns expressed by Mr. Davis is with the
WPHA Board of Directors.
� o 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.
o That the issues raised by Mr. Davis are
legitimate concerns which need to be
addressed as we negotiate with the WPHA Board
and,
o That a contingency plan be developed which
addresses temporary relocation issue, if
determined necessary during construction.
o 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.
` To: riayor Berg January 2, 1991
City Iiall
Hopkins, Minnesota
DEMAND FOR EVACUATION
We the undersigned residents of Iiopkins 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 our families be evacuated before any
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 full cooperation of the City.
• � �- �
� G
'/ �t,oLvv�_ �- /�
(�- �
(/�'i(��' C.��-Ct/y'3�'� .
. �C� � ����
�-�---� -
� -
.- � �� ,
-, `� � :' � i�
i � ' �, y�� -��. �---G � �c
, . - -
. ' � 0 . /r � . . .
���i(/L.[/' ' � '�� �� . � � .
�G�� ��"-� �
�
��.� ��s�� 0 � , .
�
•���`� �
i ��1�� �
��� ._
' . � � ��---� "'\
• MEM�7RA1�iD UM
TQ: St�v� Mie1k�, J,im Gess�le, G�ty af Hopkin� '
FROM: D�.Gk NciWY1,2�� Dohe3C`�Zr� RUi�bl+� &$i,Ytle�
RE: Re3o�a�ior� Frt���dure �'nr Wes�brool�e Patinhnm��
Res ider►�s
DAT�: J'aflu�try 7, I991
Based an c�iscussian� with the Mi�nesc�ta P�� ].utiori
Gontral Ag�x�cy Staff �nd the Gi�y's aonsultant�:, it �s
recamt�ended that the Ci�y �ark wi�h the Westbrov�.e Fa�tiah�axnes
Assa�iat�.on to dev��op a p�ocedu�e whic2l e�ables th� tem,�or2��y
re].aaatior, o�' the r�sic�ents of �he patia hcame� i.n �h� �ve�t tha�
L�ndfi�.l ga�Jadorous e��.ssio�ns caus�d bX th� �ans�ruction af the
meth�ne mi.tiga�ic�n �ro ject be��me se�ter�.
�n essence, the pr���dur� should 2�llow resid�n�.s of th�
forty p�tia homes n��r�st the L�r�dPi��.l {e. g. , wes� sid� of 'PIFA)
as well a� �raun Envxrc���►�ntal ta r�equest jsugge�t r�laca�ic�n at
a�y time tol�.owing ��+ttut��nc�ment af pro�ect cans��u�tion. The
proaedure �laoul.d �on�airi � standard �r r�vicw pr�Ces� which
�.11Qws ths imm�di.�te assessm�nt o� conditi4�s and � d���z7minatibM
a�s t�o relacatian. I w�uld suggest that �he G�ty Fire Ck�ie� or a
• s3�milar persc�n be authori.zed ta r�viaw the si'�ua�.�.an and c�rant
any requ�sts imm�c�iately, Also, in the �v�nt that � res3dent
requ�st i� denied, a c��.spute ut�di�t�.an proc�s� shduld }�� ��'c�vided
whiah a1�c�,o��rates an �n �mmediate basXS.
zt is al�a suggested th�� in addi�ion to fundi.ng the
cc�st af su�3� ���ocation, �he City shc�uld pro�as� prov�ding a�c�ot�
allawance dur'ing th�: relae���c�x� period �nd ��:ternative pa��king
facilxti�s far g�r�ges .which b��om� unusab3.� c�ue to th�
cans�ru�tian. Arr�at�g�m�nts cou2d b� made wi�� � nea�by' fa��.�.it�
such as th� Hopkins Iic�us� �v house �e2oca'�ed r�s�.t��nts. If
res�e���at� wish to sta� with re12►t.�ves ar �t17�rs inste�d of at the
arrang�d location, a foc�$ aZ].owan��. shauld be p7�ovic�ed, bu� rto
hc�'using allow��ce �rould kr� �'�a.��able.
It is recogniz�c� t2�at • a volUn�Pary reioc�tion �Sracedu�e
in �onneation with a�ub�.ia warks��arajea� i� unu�ual and shou�d
not b� �eg�xded as �s��blx�hing pre��dent. Furth�r th�
pracec�ure i� re�ognized as a t4ta12y con�ing�nt and vc�3untary
��ocedure, whi��, '�k�oug�i in �1���, may neve� h�v� ta ?�e u��d. A�
yaru a�� awar�, City cansul.tant� indiaate that �h� ��ndf i3.1
g�s/adar mi��.gaticn d��rY��� Whiah will k�� �n pla�� durxng
constrexctir�ri inc�.uding mc�riitar�.ng and tha v�entilatian system wi13
�rev�nt nuis�rx�� and jar dangerc�us conditi�sri� �rrrm occuring
in,c�.dent ta pr���ct construct�t�xt« Nev�rthel�s�, it ��
� apFr�pria�te ta hav� a���c�cation ��ocedux�e dev�la�ed priar �a t�x�
caYamenc�m�nt �rf the Gons'�ruct�ori just iri ��s�.
Tr_�THL F . ��
.. .. r >
� �
Mr. Mayor Berg
Hopkins City Halt
101 0 South 1 st Street
Hopkins Minnesota 55343
December 28, 19q0
Dear Mayor Berg:
I know you have 6een briefed on the issue regardi'ng West6rook Patio Homes
and the landfill situation.
I am a homeowner living closest to the 1andfill. I have 4 foof inethane meters
planted 3 feet fran my dining room window. This issue greatly concerns me
because my 1 ife and my home are in great danger.
This summer I planted 5 shru6s and some perennials to cover u-p the eye sore
outside my window. By August all the shrubs had died ar�d the perennials
never 6loomed. Pro6a61e cause: methane and other volitale organic compoundse
Because of the dangerously high risk of the gases igni'tinc� due to di:gging in
the landfill and the total loss of tlie i.nyestment of my property, I am one of
� a group of people re�resented by Leslie Davi's of Earth Protector seeking to
have the City of Hopkins 6uy out our homes. They are usi,ng us as guinea pigs
on an experiment not even guaranteed to work, �
I am writing to you asking for your support in helping ws fight f or the safety
of our lives by not tetting the city of Hopkins dig on the landfil1 and recommend
they 6uy us out of our lost investments. There is a Super Fund - can thi's be
used?
I appreciate your time and concern on this serious matter.
Sincerely,
f��-
Kimberly Condon
1330 North Landmark Trail
Hopkins Minnesota 55343
�