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CCP 02-22-1993
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CCP 02-22-1993
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<br />. <br /> <br />Arden Hills council 4 February 8, 1993 <br /> <br />MOTION: Malone moved, seconded by Hicks, with regard to Case <br />93-01, to approve the Concept Plan Amendment and the <br />Preliminary Plat for two additional units in the <br />Edgewater Estates Development. Motion carried <br />unanimously (4-0). <br /> <br />Councilmember Malone advised the developer that concept plan <br />and preliminary plat approval does not commit the City to <br />final approval. <br /> <br />OAK GROVE LANDFILL UPDATE <br /> <br />As background and status report on the Oak Grove Landfill <br />issue, City Attorney stated that in October 1992, the Oak <br />Grove "hauler group" filed a lawsuit with Federal District <br />Court against the parties involved in the Oak Grove Landfill <br />hazardous waste clean up matter (including Arden Hills and <br />other cities). At that time, Federal District Court granted <br />the hauler group a time period in which to compile their <br />case and serve notice on the parties they were suing. Filla <br />added that, at the request of the hauler group, Federal <br />District Court recently granted a time extension. . <br /> <br />In the meantime, Filla explained, the Environmental <br />Protection Agency (EPA) has been persuaded to try to avoid <br />litigation and has been negotiating with certain parties <br />(included a group of cities) for settlement. He described <br />the settlement which has been negotiated between cities and <br />the EPA as a sort of "insurance policy", which for a cost of <br />$26,000 would avoid the cities' involvement in future <br />claims, and assure that neither the EPA nor the hauler group <br />could sue the cities. <br /> <br />Filla noted that the only contributions that Arden Hills is <br />aware of ever having made to the Oak Grove landfill were <br />four pick-up truckloads of damaged tree materials. He <br />stated that while a $26,000 settlement would be a very high <br />price to pay for such an insignificant contribution to the <br />landfill, it may well prove to be much less expensive than <br />continuing a legal defense in this case. He added that <br />continuing in a legal defense would mean continued exposure <br />to lawsuits and c1aims. <br /> <br />Counci1member Malone commented that this situation is <br />clearly unreasonable from the City's standpoint, but it <br />appears that there may be no other choice than to accept the <br />$26,000 cost. Filla reiterated that there is now additional <br />time in which to decide what action the City will take. . <br />
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