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<br />. <br /> <br />. <br /> <br />. <br /> <br />ArdPD H5.11s C011DCil <br /> <br />F~D~-;,~t"y P ~ qq-:: <br /> <br />4 <br /> <br />}1(",'T' I O~': ~ <br /> <br />M~10nA mn\re~, secondp~ by Hi~ks; with r~gard to c~s~ <br />Q1-C1 to ~pprn17P the Concept Pl~n Amenrlment ~n~ th~ <br />Preliminary plat for tWD additional units in the <br />Edgewater Estates Development. Motion carried <br />unanimously (4-0). <br /> <br />Councilmembet' 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 repor-t on the Oak Grove Landfill <br />issue, City Attorney stated that in october 1992, the Oak <br />Grove "hauler group" fiJed a lawsuit with Federal nistrict <br />Court against the parties involved in the Oak Grove Landfill <br />hazRrdOl1S waste clean up matter (j.nc]lJ~ing Arden Hills an~ <br />nt~py Giti~~~ At t~~t timp; P8dpr81 n~striGt ~0ur~ granted <br />t'he n8l11p.1r OY(ll1rJ;:l timp DPr;ocl in ':..]l1;,'h ton c:nrnnilf> tnel.r <br />. .. . . ~.. '" . .. - ,-' ... - ',' .. ...... . -- -..- . -- ,. - -..... '- .".. - -- <br />~asp an~ sprl7p notice on t~p partips thpy we~p slJi,ng. Fjlla <br />~~rlect th8t; at the rAqupst ~f thp halJlAr gr01Jp; Fedpr~l <br />District Court recently granted a time ext~nsian. <br /> <br />In the meantime, Fill a explained, t.he 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 "insl1xance 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 t.ree materials. He <br />stated that while a $76,000 settlement would he a very high <br />-prier-> t.o pay fny- C',;1r;1, ~ll lns-igrdfjr;;=lnt. ("ortTl,'hntie,n to thF <br />1 :4.n0f~ 11 1 t. may well pr-nvp t:-, bp rn11.('ll 1 p.s.s p:xpensivp t.han <br />{"~0DtirlJing a legal. (lpfp,;',p,p lD tnis Crl,se. nl? 30'ded t1-:'.at <br />continuing in a legal. defense wnll1d mean continued expnsur~ <br />to lawsuits and claims. <br /> <br />Councilmember 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 />