Memo Appearance Norman Byers
I-
e CITY OF HOPKINS
MEMORANDUM
Date: November 13, 1992
To: Honorable Mayor and City council
From: steven C. Mielke, City Manager
Subject: Appearance - Norman C. Byers
On November 6th, staff received a letter from Mr.. Byers
(attached) regarding several issues which he has listed as
concerns of his and other residents of the Westbrooke Patio
Homes.
In Mr. Byers' letter, he asks for the opportunity to appear
in front of the Council to discuss his concerns. I have
responded with correspondence to Mr. Byers and have
attempted to address his concerns. I have also offered to
meet with Mr. Byers and the other residents prior to the
Council meeting in order to clarify and address the concerns
. he raises but I have not been contacted by Mr. Byers to
discuss these issues.
As a matter of fOllow-up, I spoke with Naomi Skulley, of the
Westbrooke Patio Homes Association. She stated that she was
unaware of Mr. Byers' concerns and stated that they were not
consulted or included in Mr. Byers' efforts.
Although I have not been able to verify Mr. Byers'
attendance at the meeting, I have scheduled an appearance on
November 17th for Mr. Byers and other residents to address
the City Council. I have also invited representatives of
the Association to be in attendance at the meeting so that
they can participate in any discussion which may ensue.
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~ Norman C. Byers
1320 Wagon Wheel Rd.
e Hopkins, MN 55343
November 4, 1992
Hopkins City Council
c/o City Manager
City Hall
Hopkins, MN 55343
Dear Sirs,
Myself and other residents of the Westbrooke Patio Homes whose houses are situated
on the 11 acres ofland which were previously part 0fthe Hopkins landfill would like to have
the opportunity to address the Council. We are fmding ourselves increasingly concerned by
reports of monitoring wells continuing to show methane gas readings in the lower explosive
levels. We would appreciate information on the most recent readings as well as some other
issues we would hope you might be prepared to address. We would like to continue to request
information on plans and schedules for the reuse of the land fill as we feel this is vital to
recovering our property values. We would also appreciate if the Council could be of any
assistance in resolving another issue causing some of us much concern and confusion. Several
e attorneys have given us the disconcerting legal advice that we should inform any prospective
buyers that the property we reside on was previously a landfill. We have also been advised that
because of the methane gas problem as well as other possible landfill contamination we may
have to even file an affidavit of contamination with the cOlmty. Having to tell potential buyers
they must pay the same price for landfill property as for neighboring non-landfill property could
be devastating. One attorney has even advised that, because of the possible violation of the
original MPCA landfill permit when our 11 acres was transferred to the Westbrooke developer,
it is possible there could be property title problems on this land. Quite frankly, we feel the
Hopkins City Council has at least a moral responsibility to help us relieve some of our concem
over this issue.
It would be very appreciated if you could allow us sufficient tim.e-at the next Council
meeting to address these concems. I understand the next meeting is ~'ts"day, November kP.
If no time is available at this meeting, we would like to schedule time for the subsequent
meeting. If you have any questions or wish to provide me with a verbal response I can be
reached during the day at 939-5020 or evenings at 933-5567. I thank you much for your
consideration.
Sincerely,
Norman C. Byers
e neb
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c I T Y 0 F H 0 P K 1 N S
November 6, 1992
Norman C. Byers
1320 Wagon Wheel Road
Hopkins, Minnesota 55343
Dear Mr. Byers:
This letter responds to your letter to us of November 4,
1992. The City is well aware of the concern you and other
residents of Westbrooke Patio Homes have about methane
readings near your residences. You probably know that over
the past several years, the City, in close cooperation with
your homeowner's association, has been addressing these
concerns. However, we would like to correct or clarify some
of the statements in your letter:
1. Although a portion of Westbrooke Patio Homes was
formerly designated to be used as a landfill,
. landfilling activities by the City did not take
place on the property.
2. The City continues to monitor methane readings on
Westbrooke and other properties adjoining the
landfill. This data is and will be made available
to your Association. Methane readings since
completion of the barrier in 1991 have been
erratic, and various theories have been put
forward by the engineers as to the reasons for
this. One of the possibilities being considered
is that some of it may occur naturally in peat
deposits. We have received repeated confirmation
from our engineering consultants that any methane
being generated on the landfill itself is now
being prevented by the barrier from reaching the
townhomes.
3 . The Minnesota Pollution Control Agency, which has
administered permitting on this landfill, has
never claimed that any violation by the City of
any permit has ever occurred.
4. The City has installed methane detectors in some
of the residences to provide adequate warning
. should methane levels pose any safety problems.
On a periodic basis the city has and will continue
to make personal visits to the homes for purposes
1010 First Street South Hopkins, Minnesota 55343
Phone: 612-935-8474 Fax: 612-935-1834
An Equal Opportunity Employer
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f,
...
. of monitoring. To date, these in-home monitorings
have not detected methane at any levels.
5. The City is working closely with the MPCA to
establish permissible uses of the landfill site.
The City will keep residents informed once those
uses have been set down.
The city is committed to feasible solution to methane issues
at 7th street landfill. We welcome any input from residents
and their association. The next regularly scheduled meeting
of the city council will be on Tuesday, November 17, and you
are welcome to address the Council at that time. We will
include your presentation as an agenda item. In the
meantime, I am available to meet with you on a personal
basis next week. You may call me at 935-8474 to set a
meeting date. If you have any questions or concerns please
call Jim Gessele, Engineering Superintendent, at the same
number.
sincerely,
r7~'C7J;~
..rt<'
e Steven C. Mielke
city Manager
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C I T Y 0 F H 0 P K I N S
November 13, 1992
Ms. Naomi Skulley
Westbrooke Patio Homes Association
1317 Wagon Wheel Road
Hopkins, Mn 55343
Dear Ms. Skulley:
I have been unable to contact Mr. Byers regarding the issues
he wishes to discuss with the city Council. I have tried.on
three occasions to contact him and to date, I have not
received a reply.
I am assuming, however, that he still wishes to attend the
Council meeting on November 17th and I would appreciate the
attendance of someone from the Association who can speak to
the efforts of the Association and the City to resolve
. issues which are brought to our attention.
I have enclosed a copy of Mr. Byers' letter to me an my
response to him for your information.
As I have indicated to you, I do not believe it is in either
parties interest to try and draw attention to this area
since it only brings bad publicity to the area. I think it
is unfortunate that Mr. Byers' has chosen to go public with
his concerns rather than attempting to work through the
staff to address his concerns.
Please call me if you have any questions. I will contact
you if there is some change in the agenda for November 17th.
Thanks again.
Sincerely,
Steven c. Mielke
city Manager
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1010 First Street South Hopkins, Minnesota 55343
Phone: 612-935-8474 Fax: 612-935-1834
An Equal Opportunity Employer