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90-2228 �" . �� Council File # . � p7ae2 t� 0 R 1 G 1�! x` 6 ti... � ��,�� Green Sheet# ... �� RESOLUTION ITY OF SAINT PAUL, MINNESOTA Presented Referred To Committee: Date 1 WHEREAS,The City of St. Paul is currently under court order to complete environmental testing of the Leloup junkyard site(along 2 Mississippi River near Shepard Road and Randolph Avenue), acquired through state,federal,and Metropolitan Council grants, 3 and 4 5 WHEREAS,The Mayar,pursuant to Section 10.07.4 of the City Charter recommends the following transfers for the 1990 General Fund 6 budget: 7 CURRENT BUDGET CHANGES AMENDED BUDGET 8 TRANSFER FROM: 9 General Government Accounts 10 Contingent Reserve General 11 09060-0548 Contingency:Cowncil Action Required 31,850 (25,000) 6,850 12 13 TRANSFER TO: 14 Community Services�epartment 15 Park's and Recreation Division 16 03100 Park's Administration 17 03100-0299 Other Misc Servi�es 3,120 77,000 80,120 18 03122 Como Zoo ' 19 03122-0279 Other Repair&N�aintenance 8,000 (4,000) 4,000 20 03124 Como Zoo and Conservatory Heating 21 03124-0372 Oil 20,800 (8,000) 12,800 22 03124-0373 Gas 140,000 (40,000) 100,000 23 All Other Fund Spending 133,294,160 0 133,294,160 24 ' 133,337,130 0 133,497,930 25 ' NET CHANGE 0 26 II 27 RESOLVED,That the City CoV�ncil approves these changes to the 1990 budget., an� be it �1T�R RE�'LVED, �at the Ci.ty Att�xr�.y's OffiQe strall pucsue rei�rbuc�t tn, tne City as �rt of the litigatirn for which thi� testirg is ro�in�d; arid be it FIlVA[LY RE9xVID� 'It�t shauld the City be ac�ded � in this litigaticn th� at least $25,000.00 shal.l b� CLtuCT19C� tD m'ltj�t' raa-+r��. Yeas r�ays Absent Requested by Department of: Dimond � Goswitz Community Services `� Long Maccabee ` Rettman �, y Thune � " �. o� ��Z/� Wilson � p Approval Recommended by Budge Director. Adopted by CounciL• �ate ; DEC � � 1��d By: Adoptio 'fie by Council $ecretary: Form Ap ved y City Attorney: .... '�---L_..�- By: By: .�:,.�A � v--L- y..� / ��ry ' Approved by or: Date � DEC 1 g 1gg0 Appro�i�d by Mayor for Submission to Council: � By: ��,�� By: �� C?l� , p�$�i�� ;�:� 2 y 1990 Pr�edbySaintPaulBudgetOffice (Jeanettac:N23da�a\TRANStO.wkt.all 11/30/90) . _ . . 90 -aaa� DEPARTM[NT/OFFlCEICOUNCI4 DATE INITIATED Park' s/City At orn y 9/27/90 GREEN SHEET No. 5946 CONTACT PER�N 8 PHONE IqIT1AU DATE INITIAUDATE DEPARTMENT DIRECTOR aTY COUNpL Bob P ir am/Ger a d_ H ndr ick so N�� CITY AITOHNEY �GTY CLERK MU3T 8E ON OOUNpI A(iENDA BY T� pOUTINO BUDOET DIRECTOR �_ �FIN.t MOT.8ER1/ICE8 DIR. ASAP au►vop toR nssisrnam ❑ TOTAL#►OF SIONATURE PA 8 (CLIP ALL LOCATIONS FOR 81�iNATUR� ACT10N REQUE8TED: Approve $77,00 tr nsfer of spending authority ($25,000 from contingent reserve genera an $52 ,OOA from excess spending authority in several Park' s activit es) for environmental testing of LeLoup junkyard site. �coM��troNS:Mwow W« (� COUNdL REPORT _PLANWW(i OOMMI8810N qVIL CE COMMISSION ANALY8T PNONE NO. _f�B C�AII'�EE _STAFF COMMENTB: -°��``�"'� DEC 3 �990 8UPPORT8 WlIICFI CaJNpI OBJE 4 u�nno�.iseue. ranr ,wnn,+nm.�,wn.►.,wn�. FFICE City acquired ite in late 1970 ' s with federal Great River Road Project dollars and a tate and Metro Council grant (along Mississippi River near Shepard Road a d R dolnh Ave) . Since the land was platted in the 1880s the river changed ts c urse adding some 400 feet to the property to the rivers edge. 3ince 19 Os 1 nd was used as junkyard. City' s offer to acquire land ended:; up in co rt o er a fair brice disnute and ownership of the 400 feet. Court ruled Ci y o ed land, ordered junkyard to move, and the city to test the la�ci�: for e viro mental damaqes. Park' s has unsuccessfull tried to � et ��*��o� aaon y fo testina f.rom the fe3eral governraent. Testinq was su. pose to be done by 10-15-90 . If approved, hopefully the city can proce� d wi h contracting for testing and satisfy court order. RECEIV ois,wv�wr�oES iF�u: None. N�V 3 0 1990 �EC��vE� CITY ATrO?N�EY � c�cl��o CfTY C�ERK pSADVMfTA(�ES IF NOT APPROVED: The court coul enf rce its orders by contempt powers�or dismiss the lawsuit. The ater would forclose any possibility of recovering any thing from the previo s o ers to clean up the site. , ^";� ��:r ,��„� ^�,..�-,�-: �., -� � t.s f.v�� . . ... D'tl' `'` �CG�� TOTAL AMOUNT OF TRAlis1► = 7 7 O O O CpST/REVBNUE SUDGETED(CIRaE YES NO fuNaNO souac� availa le endin uthor i ��i�y N�� Fl►�uwd�u�wFOR�nnon�:(ExPwM � �_ , a Council File # � D`ao?o2� 0 R 1 G 1 I� �'s i,... "`� Green Sheet# ;!' �v� RESOLUTION ITY OF SAINT PAUL, MINNESOTA Presented Referred To Committee: Date 1 WHEREAS,The City of St. P�ul is currently under court order to complete environmental testing of the Leloup junkyard site(along 2 Mississippi River near Shepard Road and Randolph Avenue), acquired through state,federal,and Metropolitan Council grants, 3 and 4 5 WHEREAS,The Mayor,pursuant to Section 10.07.4 of the City Charter recommends the following transfers for the 1990 General Fund 6 budget: 7 CURRENT BUDGET CHANGES AMENDED BUDGET 8 TRANSFER FROM: 9 Generai Government Accounts 10 Contingent Reserve General 11 09060-0548 Contingency: Coy�ncil Action Required 31,850 (25,000) 6,850 12 13 TRANSFER TO: 14 Community Services Department 15 Park's and Recreation Division 16 03100 Park's Administration 17 03100-0299 Other Misc Services 3,120 77,000 80,120 18 03122 Como Zoo 19 03122-0279 Other Repair&MRintenance 8,000 (4,000) 4,000 20 03t 24 Como Zoo and Conservatory Heating 21 03124-0372 Oil 20,800 (8,000) 12,800 22 03124-0373 Gas 140,000 (40,000) i00,000 23 All Other Fund Spending 133,294,160 0 133,294,160 24 133,337,130 0 133,497,930 25 NET CHANGE 0 26 27 RESOLVED,That the City Co�ncil approves these changes to the 1990 budget. �- � � r2-rN�t2.E�[aJ E'��, �Kn.r.,�- �'�.e. C� �s (��,'u., s�.r.Q.2 �u.r-sru.e- re��.�,,u,rs.��w� . t� �, '�e �an-�1- � 4�C�¢- (:�� ' � u�.,c�G, K,u� c�.. ►' i u��b.�'�,�- ' �� Yeas N�ys Absent Requested by Department of: Dimond Goswitz ' Community Services � Long Maccabee Rettman y �� Thune �- o� �n Z� Wilson Approval Recommended by Budge Director: Adopted by Council: Date By: Adoption Certified by Council Secretary: Form Ap oved y City Attorney: ,C_----y By: By: ..y,�i� � /� _ ,,-�i ---- c7 Approved by Mayor: Date Approv��d by Mayor fo�Submission to Council: By: By: ��. �� , �t nl 44 LU.1 IQx�U W e l� ��t:�-'�'sl�wu-�-�- � � � � w�, � reparad by nt Pau udget Olfice (Jeanett c: 23datalTRANS10.wkt.all t t/30/90) (��a��.rr� �► �--�h, �Zs'��o o, � �.u.� be._ r.e�w�- -tO l'�,a.�ir✓�-. �j '.. . 'e . � • , - 4 � ��d �. , a. ' t( i ., i Tf .C : �D �� . 7p`^ 3 a`�Y".nc F � '�E �T r°r i r. �`s� �3�+F�^S'11�' 4xt�'�''�''S�,Y' y.��2 . ��. a* � .. � �� ; � _ � f x ��o � � t�1 a r'��, :�� `�� r� ��a�x !��. . x � �� , �� . . � F +,'�'.c-�` � . � , f �n.��,'.,�.t,� st z $r ✓rr t � ., y_. �_ DEPARTM[NTIOFFICE/COUNCIL �� DATE INITUTED x >... �;'.7, �s� , . .� 2��'r � �� , �,,, 7 v s':*; .. ... . . .. , ��. �: � a �.+'+ .r. .. ,... - '� - 7-s.t.� �+�� .. .a�s � x -'��',`' Park' s/City' Attorney:: ��.;,.�,, � � 9/2?/90 .. GREEN SH�EET-� .,H�.� �� RNO. r ..906 � � . � : -� . INITIAU DATE INITIAUDATE CONTACT PERSON 3 PHONE . � ��i �DEPARTMENT DIRECTOR� �'� "� �. �k CITY COUNpL ��• i �..�. Bob Piram/Gerald, Hendrickso A��N `s'f` CITYATTORNEY G '"-r?,.. .-:;..,�_ �:', „DCITYCLERK K .� NUMBER FOR * /� - � �� MU3T BE ON COUNCiL ACiENDA BY(DAT� ' ,: � ROUTINO Y x+' gUDOET DIpECTOR "'��'•�{p� ` �''�ti;O FIN R MGT.SERVICES DIH. �� . „ ., , ' . ,....: ... . � b�- _..: ..- ; .. � ' ORDER .:' ASAP tiu►rop�oR�ssisTarm - _ .v . , � � :. TOTAL�OF SiGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) - �� ;:: a ACTION RE�UESTED: � , .. , . . .. __ . .,.. ', . . ... . :- .�:r. . ._. .. . . -� ...� 5:_ : . t; . . � .". '. Approve '$77,000 .transfer.,.of .spending.�authority��,�,($25,000 from contingent , : � reserve general .and $52�000 �'from �excess spending authority:;in �several � �4 '' �� Park' s activities) for environmental testing _of LeLoup��unkyard:,site. _. � � , � , � ... . ,-�:� ., ., '. ��.. , . ;�. :v d�.,:4:::a.-h;+rs�.'v.� . . '.;.: � :�... .-�:��' t,:.L�_.h.. RECOMMENDATIONS:Approve(A)a Rsject(R) M . COUNCIL COMMITTEE/RESEARCH REPORT OPTIONAL � . : ��,° ANALYST = � PHONE NO _PUNNIN(i COMMISSION . _CIVIL SEHVIC�COMMISSION �,� d -;f , - .x�� s � $ �� . .�. , � ' 4 r t ! i- i � �.�� !ti � t `� _CIB COMMITTEE : " r Y�.x.:�� t.x ?�ly�.,,e�?.�.,a �, :� ,, �.�: x^ ..� ia ,,�.,� t o r(r � w b s s .'��. _STAFF. k _ 6+fc��i COMMENTS; T ` '; i ''' ,� � X�� t �a�'*��"� ��z�« `�+r t^s'r. `sl` yy�� a �• , nr^� rq':T�,�3 w��'�w, x ,.t�r . a. �' -�> ,;. a� ��,� r��}�ir�. _DISTRICT COURT� - s , :�� .,r�� '.��C � 1990 � ;� . SUPPORTS WHICH COUNGL OBJECTIVE9 .. . .. � . . � � . ;r�� . . . . . . . . .. . -.:� INITIATING PROBIEM.ISSUE.OPPORTUNITY(Who.What,VYhsn,Whero Wh». ` ' . . OrF�� City acquirec� site in late '1970 ' s with federal Great River Road Project dollars and a state and Metro Council grant (along ;Mississ_ippi River ;near _ � Shepard P.oad and Randolph' Ave) . �='Since the 'land �was� platted iri 'the.' 188Os :the � river changed its course <<adding some 400 feet °to . the property to :the �rivers °� edge .' ;Since 1960s land was used `as junkyard. City' s :offer to acquire land ; ended;-up in court over a ',fair price dispute and ownership of the 400 feet. Court ruled City owned land, ordered junkyard to move, ' and the city to test '' the land,-� for environmental dar:laqes. Park' s has `unsuccessfull " tried to � et ADVANTAf3ESIF,APPHOVED: TlOT1eI7 for testina f.rom the federal govern:aent. . ,_ . ' Testing ��as su�posed to be done by 10-15-90 . If approved, hopefully the city can proceed with contracting for `testing=.and- satisfy court �order . - - ,F RECElV � :;�f� � : _ DISADVANTAOES IF APPROVED: °:; '�:: `- ...':'C' " " �' �a. ..�' ,';.'- ��,�•e g 'x`�, �� r' ' °?` ' r # No ne . - � '�� '�'> � � ` 3 0 1990 � ' � �` ' �, � , . , : . � � �� . . . � , , ;s � �.r. NDV , ,� �" R�CEiVED " ' � , - , .� �-, , � ., :� , ,�,. . :. . . , , ,,. , . � `CITY ATTGr��EY - �. . t�cl�a�o . . :_ . CITY Cl.ERK OISADVANTAQES IF NOT APPROVED: s; , _ :"z�, .,,. .._:;� ...,.�st i�. . , �5 .� "` > ._;"- s '.� The court could enforce its orders by contempt 'powers:��or ,dismiss the " lawsuit. -The later would f_orclose "''any possibility of 'recovering 'LLariy 'thing � e' from the previous owners to clean up the site . _ � �� '1 -=, ��^�;,,� c��.: - � . � . � . . . . .. . � ... p.�iutav�� .�4�- . - _. . . . . . �� . . �.... .. . .. . -. � . U.. �. .. ...:. . . .. ., t _ l�`:�� TOTAL AMOUNT OF TRANSACTION s $7 7.O O O COST/REVENUE BUDOETED(CIRCLE ONE) YES NO „ c1Val�.dble SAeriC�lri dUt�'lOY'lt ACTIVITYNUMBERc � � 122 ' 2 FUNDING SOURCE q Y FINANGAL INFORMATION:(EXPLAIN) .�' � ' .� f '' , �a _a�a � ;�� CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM Date: November 20, 1990 To: Barb Jeanetta From: Kell. Stromen �V�" Y Subject: "Exoess" funds to cover Parks items in contingency Upon review of the codes you identified as having excess funds, we have identified the following funds to be used to help cover Parks items being paid for out of contingency: 001-03122'-0279 Other Repair & Maintenance $ 4, 000 001-03124-0372 Oil 8, 000 001-03124-0373 Gas 40,000 Total Available $52, 000 The funds avai].able in 03124, Zoo and Conservatory Heating, are due to good weather. We anticipate that the amounts we have remaining will be sufficient for the remainder of the year. After examining the other codes that were identified, we determined that all funds will be needed in order to continue operations for the remainder of the year. R�CE►VE� I�J 0 V %� � 1990 #�U�(�'��" (��r��.� ,� �-� 6 �o_ �� . ��tT7 p'��Ty-0 s y �M� �A �o �- r? °�'' # i��1� "� h•� ♦ f1 � l�l� �� . �4SI!R11y3�� CfTY OF SAIIVI'PAUL INTCRDF.PARTII�NTAI.MIII�IORANDUM Gty Attornry 647 Gty Hall 298-5121 DATE: DEC�MBER 17, 1990 TO: MEMBERS OF THE COUNCIL OF CITY OF SAINT PAUL FROM: GERA�LD T. HENDRICKSO _ . ! RE: Agenc�a Item #26, Council File 90-2228 Fund Transfer for Environmental Testing near the Auto Parts Supplier Site You have before yau a resolution to transfer $52,000 within the budget for Community Services, Division c�f Parks and Recreation, plus $25,000 from contingent reserve to Community Services, Division of Parks and Recreation. This $77,000 is necessary to conduct court order environmental testing of City property near the Auto Parts Supplier site near Randolph and ,Shepard. This property has b�en the subject of protracted litigation that grew from City attempts to acquire land for th� Great River Road Project. There was an issue as to who owned a large amount of the'land along the Mississippi River. The Ramsey County District Court deternuned that the�City held the levee rights (i.e. public access to the river) and that Auto Parts Supplier's use of the property was in conflict with those rights. To begin to determine the damages to the City, a preliminary environmental assessment was conducted that �uggested substantial contamination. More through testing is required to accurately determine the extent of the contamination and the remedial action necessary to correct the situation. These tests are requ�ired by the Minnesota Pollution Control Agency. Also, the City is under court order tm complete this testing. If the City does not allocate the funds, and consequently the tesiting is not done, the City will be in violation of that order. Therefore, � our advice is that thie funds be allocated as provided in this resolution. . � . -, � �yo ,aaz8� . to: CITY OF SAINT P/1Ul INTERDEP^RTMENTAL MEMORANOUM September 27, 1990 T0: Stacy M. Becker, Budget Director 7 City Hall FROM: obert P. Piram Superintendent of Parks and Recreation 300 �ity Hall Annex SUBJECT: LeLoup Junkyard Acquisition Environmental Investigation & Testing -----------•--------------------------------------------------------------- Attached please find a copy of Gerald Hendrickson's September 25, 1990 memo concerning the r�ferenced site. Mr. Hendrickson outlines the situation very well , and, as we discussed earlier this week, the need to fund completion of the court-ordered environmental work is very real and imminent. As an additional , piece of information, I have attached a copy of MnDOT's letter disallowing these costs under the Great River Road Grant. I will call you in a day or two to discuss this matter further, and determine how best to proceed. RPP CC. �1R�"�C�:�:�x� Gerald Hendrickson � "��N"��q Minnesota Department of Tranaportation c�� _aaa� �,° tio � � D � Metropotitan Dist�ict � � Transportation Building � St. Paul, Minnesota 55155 �� Oakdale �ffice, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Oakdale Telephone No. �7 Q.=�� I��C'�'�'�D september �, 1990 SEP 11 �990 �7i�.�P�s��i�c,:�a Mr. Robert P. Piram City of 5t. Paul Department of Community Services Divisionlof Parks and Recreation 300 City 'Hall Annex 25 West F'ourth Street � St. Paul, I�I 55102 Dear Mr. Piram: Re: S.P. 164-080-01 G.R. 5018(8) Cro by Farm Regional Park Land Acquisition As discuSsed with Mr. John Wirka this morning, I cannot approve tJhe use of NOVA Environmental Services, Inc. for site inve�tiga�tion as previously reviewed in the field and outlined in your 1}etter of April 12, 1990. � Sinc�rely�, / . m o�'ris Distsict 'State Aid Engineer �so�'w s�o An Equal Opportunity Employer � - � � qo a�� • i r �trr o� r .. ; �F"�,jw'�,,.:� 4 • • O • � � �'�„��I 1 �• "� SE� �s 1990 ,... ai��.c�r�;::,v::�:�:�� QIY OF SAII�JP PAUL IIYIF.RDFpAR'11�lJTAL I�IORANDUM �l'�9 647 6ty Hall 296,5121 DATE: Septemb�er 25, 1990 T0: ROHERT �IRAM, SUPERINTENDENT Parks a�d Recreation Division Department of Community ices FROM: GERALD HENDRICKSON � RE: LeLoup �unkyard Case Fun�ding Environmental Testing As you knmw, i�rom the meetings with me and with John Wirka, the City of S�int, Paul is currently under court order to complete environmen!tal testing of the Leloup junkyard site. NOVA environmental IServices, Inc. , the environmental consultants used by the City, has estimated the cost of this testing to exceed $70,000.00. It was originally hoped that state or federal funding would be availlable to pay for the testing, but that is not going to happen. The City, therefore, will have to fund the testing. You asked that I outline the development of this case, why testing must be done, �nd the consequences of not doing the testing. In the late 1�170's the federal government established the Great River Road Pro�ect to develop recreational uses along roads near the Mississippi River. The federal government contracted with the State of Minnesota to administer the program. The City applied for and was approyed for funding to acquire eight lots alonq the Mississipp�. River near Shepard Road and Randolph Avenue upstream from the o1d NSP plant. The land was to be used for bike trials and a park. The State/fedeual fundinq required a City match, which was covered by a separate �rant from the Metropolitan Council. The land ii� qu�stion lies between the bluff southeast of Shepard Road and the Mississippi River. It was platted in the 1880's. A platted public levee abutted these lots and separated them from the river. Oveir time, due to several different causes, the course ' 1 , '' Ga��a �'� of the river c�anged. Currently, the river bank is more than 400 feet from the platted levee. Since the late 1960 's the lots have been used as a junk yard, mainly for motbr vehicles. They are owned by Rita LeLoup who rents them to Ki;rby ',�ienke and David Nelson doing business as Auto Parts Supplier. When the City' made an offer to acquire the lots, the offer was rejected as inadequate. The owners claimed that they owned not only the lots, but also the additional dry land that was created by the change in the location of the river. The City claimed that it owned that 'land. This issue could not be resolved by negotiation, so a law suit was commenced to determine ownership of the contested land, and, if owned by the C�ity, to assess damages caused by the use of the land. In April, 198�, the Ramsey County District Court ruled that the City owned th contested land. The court found that the City's levee was a ri�ght of access to the river for public purposes. It extended alll t�e way to the river and the private junk yard use of that land was �linconsistent with the public use. Concerned �tha the junk yard use of City property had polluted it, the City �eta ned NOVA Environmental Services Inc. to conduct a prelimina�y e vironmental assessment of the City property. This prelimina�y assessment involved inspecting the site, reviewing the historical usejs of the site, review of other land uses in the area, and a sear�ch o� governmental regulatory files. That assessment was completed in S�ptember, 1989, and concluded that their was evidence of pollut�on nd so further testing of the soil and ground water was necessary•'I Analytica]l soil and water testing was conducted and pollution, especially fro�a lead was found. In the December, 1989, report from NOVA the preliminary cost estimates for clean up were almost $1,500,OOq. Z+here has been no further testing. Further testing is needed, however, for several reasons. First, the clean up i(called remediation) is regulated by the Minnesota Pollution Con�rol Agency (MPCA) . All remediation plans must be approved by thie MPCA. The MPCA will not approve remediation plans unless th�re is thorough testinq to determine the extend of the pollution� Tliis thorough testing is referred to as a work plan, which also must be approved by the MPCA. NOVA prepared a work plan for additional; investigation that has been approved by the MPCA. The cost �o perform the work plan has been estimated to be about $77,000. So, if the City ever intends to clean up the site, this testinq must lae performed. The second realson is that the City is currently under court order to perform ttQis testing. Some back ground is necessary to understand thiis order. 2 . �o aa��' In March, �990, a pre-trial conference was held on the City's law suit against LeLoup, Henke and Nelson. The court had previously ruled that the City had the rights to the contested property. However, the question of damages was still to be resolved. By far the largest i�em of damages is the cost to clean up the site. Without furthe�c testing the cost of remediation is too speculative to hold up in �ourt. At the time of the pre-trial conference, we could not do tk�e testing because Leloup, Henke and Nelson had not '�� completely vac�ted the site. The court ordered them to clear they�.�' site and �lsolordered the City to perform the necessary tests j�U within 120� days after the site was cleared. (see attached Order) .�n LjG� The site was �leared on about June 15, 1990, so the testing is' V" �, supposed to be' done by October 15, 1990. C� � � �� If the City does not perform the tests one or more of the following (�' could happen. The court can enforce its orders by contempt powers. ��✓ In other words, the City, or particular City officers or employees � � could be held in contempt of court and fined or jailed. I find it�-� unlikely that a court would do this since it involves a funding question. Non{e the less, the court could use this power, and it is more likely! to use it if the City makes no effort to comply with the order. � The second thimg the court could do would be to dismiss the City's law suit, which is a very possible outcome. This would foreclose any possibility of recovering any thing for the costs of remediatiori. The City, if it gets a judgement for the costs of remediation can enforce the judgement against the defendants. It is unknown at this point whatt assets they have. But at the very least, they have the junk yard business and land. Since the federal government is withdrawing it� funds from the project, judgement execution is the only plausibl� method of acquirinq the 8 lots. So failure to conduct tY�e additional tests also forecloses any possibility of acquiring �the � lots owned by LeLoup. Finally, the ciourt could require the City to go to trial without the benefit ofithe additional testing. Without additional testing the experts at! NOVA cannot make an estimate as to the remediation costs with the' kind of certainty necessary in a court of law. The net result, ag�in, would be that the City could not recover any of the costs iof remediation. If the City ev�:r wants to use this land as a park, it is important to pursue th's case to its completion. If we fail to the additional te�ting now, much of the time, money, and effort expended so fa� will be wasted. ��.(/► , /� �'�-t.l-� d G�vrICC�;G,�- �rr'S�:: { C`j �,�,;;'/.;/�_..C,C�;,:� ( � � �' ��1(�'C f� - �Gc ; �U(� a/� �.�-�c-v� �i - G�"� U U b - �u.�e� �L,r� � � �.�� '.�a�`-�. .;- �%..� ; � ��r�c,,� � �� ;�� c± . � l�( �'L/� '" (,�i U�.;i y(,l`/�/ 1 f i 1 � � I � . ; 9�_��a� STATE OF MINN�SOTA DISTRICT COURT COUNTY OF RA1I�SEY SECOND JUDICIAL DISTRICT Case Type 6 and 10 File No. 472099 � r City of S� Paul, P�aintiff, . ORDER vs. Rita Y. Leloup, et �1., Defendants � On March 3 , 1990, at 11:15 a.m., the above entitled matter came before the court, . the Honorabl� Gor�don W. Shumaker presiding, for the purposes of a status conference regarding the prepa�ation of the parties for trial. The following appearances were made: City of Sai.nt Paul: ' by John McCormick, Deputy City Attorney, Gerald T. Hendrickson, Assistant City Attor�ey, and Clinton McLagan, Esquire; James A. Stein, Esquire, attorney for Rita Leloup; Roger A Christianson, Esquire, attorney for Kirby Henke and David W. Nelson; Gail Lewellan, Special Assistant Attorney General, State of Minnesota, DNR; Beverly Con�rton, Special Assistant Attorney General and Gerald Stahnke, State of Minnesota, PCA, John Fromm, Esquire, Soo Line Railroad. The court, h�ving considered the court file, and the discussions and representations of those pres�nt, m�lces the following: FINDINGS 1. This m�tter, concerning the ownership and use of certain property located on the . Mississippi Rliver in Saint Paul, Minnesota, was commenced in 1985. The issues of ownership a�1d damages were bifurcated and the ownership issue was determi.ned in favor o� the iCity of Saint Paul in an Order for Partial Summary Judgement dated May 22, 1989. 2. In Deciembex of 1989, as a result of testing conducted on bebalf of the City, the parties disco�vered that there was posu�ble hazardous waste contamination of the property that is tbe subject matter of this action. The January, 1990, trial date on the issue of damages was further continued into June, 1990, so that further testing 1 I . ' �� -a�� ' could be conc�ucted. This was the first continuance of the damages portion of this action. 3. Further testing can not be conducted until the property is cleared of the automobiles, automobile parts, tires and so forth. This clearing was commenced on or about March 27, 19�0, by defendants Henke and Nelson, and is expected to be completed by mid-May, �990. 4. Further testi�g and the preparation of a remediation plan are expected to take approximately 120 days after the property is cleared. 5. The remedia�ion plan will be reviewed and, if appropriate, approved pursuant to Minn. Stat. 175B.17, subd. 14 (1988) by the Minnesota Pollution Control Agency, which review�will take approximately 60 days. b. � Defendants I�enke and Nelson need approximately 120 days to review and respond to the testingj and remediation plan and to do their own testing. Their own testing cannot be co�ducted while the ground is frozen. 7. The tri�l dat� for the issue of damages must be rescheduled accordingly. 8. Any blading, grading, removing of superficial soils, or changing the contours thereof - on plaintifPs 1property would be detrimental to the findings of the environmental testing �lreacly completed. 9. Any us� of the City's property by Defendants Henke and Nelson for the storage of materia�s and the operation of their business is contrary to the rights of the City as determ�ned l�erein, and further causes delay in these proceedings. � � NOW, THE�tEFORE, BE TT ', ORDERED 1. That I�efenc�ants Henke and Nelson complete the removal of all automobiles, automdbile prarts,tires and other materials lying on the surface of plainti�s property no latek tha� May 15, 1990. The removal and disposal of these items must be conduc�ed in; a lawful manner. 2. That Djefendants Henke and Nelson shall not blade, grade or otherwise remove the surficiaa soiL� of plaintiffs property or change the contours thereo� 3. That Defendants Henke and Nelson confine the storage of materials and the operatiQn of their business to the premises of Lots 6 through 13, Blocks 28 and 29, Stinsoa, Brown and Ramsa}�s Addition to Sk Paul. 4. That Defondlants Henke and Nelson shall not trespass nor allow trespass upon the 2 _ . . . . . .. 90_aa� �' property of plaintiff. 5. That Plaintif$City of Saint Paul will complete environmental testing of their property and prepare a remediation plan for their property to be submitted to the Minnesota Pollution Control Agency, which testing and plan preparation is estimated to take approximately 120 days after Defendants Henke and Nelson remove the automobiles, tires and so forth from plaintiffls property. 6. That the M�nnesota Pollution Control Agency will review and, if appropriate, approve plai�tiffls remediation plan pursuant to Minn.Stat. 115B.17,subd. l4(1988), wluch reviev}+and approval is estimated to take approximately 60 days from the date of submissio� by plaintiff. . 7. That Defen�ants Henke and Nelson shall conduct their review and any necessary testing after the determination of the Pollution Control Agency regarding the remediation�plan, and as soon as weather permits. In no event shall their testing commence l�ter than April 1, 1991. 8. That the triatl date of this matter on the issue of damages is continued until August 1, 1991. 9. That a furth�er settlement conference be held before the court in January, 1991, at a date, time, and place to be determined by the court administrator to review the progre�s of the parties towards completin the matters noted e' . � ; Dated 13th d�y of iApril, 1990 � , Gordon W. Sh aker, Judge ' Ramsey County District Court � 3