Loading...
HomeMy WebLinkAboutSP February 27, 1984 ~ 01 ANDOVER SPECIAL CITY COUNCIL MEETING - FEBRUARY 27, 1984 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on February 27, 1984, 7:32 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota, for the purpose of discussing the agreement by the generators for the landfill and the LGA bill before the Legislature. Councilmen present: Elling, Knight (arrived at 8:08 p.m.), Lachinski, Orttel Councilmen absent: None Also present: City Clerk/A. Administrator, P. K. Lindquist LANDFILL/GENERATORS' AGREEMENT Mayor Windschitl reported he was at the PCA offices this afternoon and reviewed some of the documents negotiated with the generators to study and clean up the hazardous waste site and landfill. But the PCA was unwilling to make copies of the documents for the Council to view, stating some of the minor items are still being negotiated. The first document is basically a consent-type document that everybody has agreed to. The next two documents deal with the hazardous waste pit and the landfill and is basically the same as the EPA and PCA lead documents. The two exhibits show a list of generators involved and a pro-ration of costs each generator is obligated to con- tri bute. The PCA position is they will not determine the percentage of fault for each of the generators, that the generators will do that themselves. But the document does not state how that will be done. Mayor Windschitl went on to report the document has been basically agreed upon by the attorneys for the generators, the EPA, and the PCA. There are a few things the County and City are questioning, but basically the agreement looks good. One of the questions that is being investigated by Colleen Hermann of the County is the reference to the law dealing with confidentiality. The County is also putting in a request that the confidentiality doesn't pertain to the City and the County. The Mayor also stated that Hickok and Associates has been hired by the generators to do the project, which raises questions about what is taking place since Hickok was retained to represent the City in this matter. Hickok has not told the City anything to date. Mayor Windschitl stated if the documents are signed, the generators have agreed to a t imetab le. The generators have to have the agreement signed by this Friday. The PCA has a special meeting next Tuesday, assuming the document is signed, for Board approval. The generators then have 30 days (by Aprils) for Hickok to put together a plan. They then have 120 days (by August 5) to complete the hazardous waste analysis and 180 days (by October 5) to complete the landfill analysis. The amount of money was not discussed with the City and County officials, but the amount of money being put into a trust account by the generators for cleanup purposes as a condition of the EPA is a significant amount. Also, the EPA and PCA will get reimbursed up front, but the County and City will get nothing. He was also told emphatically that the document does not relieve anyone from liability, but Mayor Windschitl was not quite sure the documents reflected that. The Mayor continued that the provision on municipal water reads very similiar to the old one, that the potential for providing alternate water sources will be investigated, one of them being a city water system. The one frightening thing is the way the time- frame is set up, the City clearly is going to loose the EPA funding, and possibly:the PCA funding as well, because it will go past the First of April. Council discussion was on the documents. Councilman Elling was concerned that the decisions are being made by the EPA and PCA, but that the City and County are not able to get copies of the documents. Also, he was uncomfortable with the fact that the City and County seem to have been eliminated out of this entire process. Ms. Lindquist and Special City Council Meeting February 27,,1984 - Minutes Page 2 (Landfill/Generators' Agreement, Continued) Mayor Windschitl stated the reason given was because some of the items were still being negotiated and the concern of it leaking to the press before everything was finalized. Mayor Windschitl also noted in the initial proceedings there is a require- ment for six new monitor wells before they even start, one being a deep well. Also, the pump test is back in if it is determined to be needed. The Mayor also stated that he was told the documents will satisfy Jim Nye at the State Health Department for making a decision on the well advisory area in Andover, but he personally felt it is going to be a number of years before that advisory is totally lifted. The Council discussed possible solutions to potential residential water problems, providing a water system, the well advisory area, the clean-up of the landfill itself, that the Councilmen could see the documents at the PCA office and that they should be public documents once they are signed and approved by the PCA, and concern that the City be kept informed of what is taking place with the project. (Councilman Knight arrived at this time. 8:08 p.m.) The Clerk noted that to date they have not received access approval to the landfill from Mr. Roth, but apparently Roth's attorney is advising that the approval be granted. The Councilmen asked that they be able to see a copy of the documents as soon as they are avai lable. Mayor Windschitl stated the County is apparently exploring the idea of hiring Barr Engineering to represent the County's and City's interests in the project. The Clerk stated it is encouraging to know that the generators will be testing for more chemicals than ever before. Discussion also noted that the County is trying to schedule a meeting concerning the hazardous waste barrels on the South Andover site ' at the request of Mr. Slayback. Mayor Windschitl stated that the tire bill in the State Legislature appears as if it will be passed. LGA BILL/LEGISLATURE Mayor Windschitl reported the amendment to increase Andover's local aids also appears as if it may pass, and it should mean approximately $50,000 per year for the City. It will use the 1978 population instead of the 1970 population as was being done. MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 8:30 p.m. Respectfully submitted, '~~~L Marce . A. Pe ach Recording Secretary -