Minutes - Council - 09/12/1994 - Laserfiche WebLink

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Also included in this work scope will be some public involvement meetings to allow for design adjustments. Mr. Jankowski stated that he is awaiting work on Sunwood Drive and stated that we would likely proceed with that project first. This one may be scheduled for 1996 construction. Motion by Councilmember Peterson and seconded by Councilmember Zimmerman to adopt Resolution g94-09-175 authorizing the acceptance of the proposal from RLK Associates Inc. for design services and directing RLK to initiate and complete Tasks one through three at a cost of $50,000. Motion carded. Voting Yes: Mayor Gilbertson, Councilmembers Peterson, Zimmerman and Hardin. Voting No: None. Absent: CouncilmemberBeyer. Case #6: Waste Management Agreement City Administrator Schroeder stated that at the last meeting, Council received a proposed agreement with Waste Management. If this agreement is approved, it will resolve in the transferring of approximately 50 acres on the north side of the landfill to the City of Ramsey. City Attorney Goodrich stated that the proposed agreement contains some highlighted items which resulted from a conversation between Mr. Schroeder and Mr. Otter. He noted a change in the first WHEREAS on page 2. It read "WHEREAS, the Minnesota Pollution Control Agency CMPCA") has informally stated that it may not approve the ski hill project because of the potential adverse environmental effect it may have on maintaining the environmental integrity of the landfill site located on the Development Property". He stated the may not approve has been changed to will not approve. Two more WHEREAS paragraphs were added and read as follows: WHEREAS the State of Minnesota has adopted legislation restricting and regulating their ownership of landfill sites; and WHEREAS, there are no other currently outstanding issues between the parties other than as stated herein. Mr. Goodrich also noted the sentence in paragraph 5 which states "In the event said release and permits are not obtained from the MPCA within 60 days from the date of this Agreement, this Agreement shall become null and void. He stated he believes that Waste Management is asking the City to extend the date 60 days. Mr. Schroeder stated that relating to the 60 days, Mr. Otter does not want to enter into a contract he knows he cannot keep. Mr. Goodrich stated that in lieu of the ski hill, the City would be receiving 50 acres. He stated that in this agreement, Waste Management is agreeing to make no further claims or demands from the City for the use by the City of certain WMMI property for wetland mitigation, temporary construction and/or permanent easements required by the previous construction of 153rd Avenue N.W. across WMMI property. WMMI will grade those areas of the Alternate Recreational Parcel as designated by the City. They will restore any areas of the Alternate Recreational parcel disturbed by WMMI in relation to its borrow activities and within 30 days of execution of this Agreement, they will prepare and submit to the MPCA all documentation and filings necessary in order for the MPCA to review and act on releasing the properties described from State of Minnesota environmental liens, etc. He stated that Paragraph 5 basically states the same thing as it relates to the agreement being contingent upon the City receiving from the MPCA an unconditional release of any State of Minnesota Environmental liens. City Council/September 12, 1994 Page 7 of 10