Minutes - Council - 12/13/1994 - Laserfiche WebLink

Home

will be platted in. We will have two lots on the northern portion. The southern portion of 153rd Avenue N.W. will be used for recreational purposes - it will be restricted to that - and also uses by the MPCA for monitoring wells. There will be a pipeline to the pond in the area. The City is acquiring approximately an additional 178 feet from Waste Management which is about another 12 acres. About 90 acres total - 22.5 plus the 50.0 and the additional 12 acres. Mr. Goodrich informed Council that the agreement is what Council previously authorized. The closing will not occur until it is platted - probably about April 1995. Mr. Caoodrich explained that this agreement is a culmination of the 1988 Conditional Use Permit, the 1988 Ski Hill Agreement and the 1993 Settlement Agreement. He noted the letter to Mr. Don Otter, Waste Management, from the MPCA regarding liens. He read the following excerpt from that letter: 1) "Before developing the transferred property, the City must submit a development plan to the Commission for approval." 2) "The City may not subsequently transfer any of the land to other without written approval of the Commlssioner." City Administrator Schroeder stated that during meetings with the PCA, they have been shown the most current recreational concept and they have no problem with it. The area north of 153rd Avenue N.W. doesn't show anything. Mr. Dunn has said he does not have a problem with any use for the plat if water and sewer are in. Mr. Goodrich continued with #3) "There may be some ground water monitoring wells located on the eastern portions of the property being transferred. An assessment must be done to determine if these wells are needed. If they are not, they must be properly abandoned. If they are needed, the MPCA must have access to them and access must be made as a condition of transfer". Mr. Goodrich stated that Mr. Dunn has remarked that whatever occurs on either parcel should not be something that has negative impacts. It does not appear that provisions recreation and housing on the north will be a problem. He continued with #4) "From review of the closure plans and specifications there are three sedimentation basins for the control of surface water. Basin #3 extends 450 - 500 feet to the north of the fill, well beyond the 300 foot buffer proposed. The MPCA must have access to the basin as it may require some maintenance. I would recommend excluding the basin from the transfer." 5) "Further, it is my understanding that the City propose to develop this land exclusively for park and recreational purposes. Please include a restrictive covenant on the property to ensure that this occurs." 6) "The MPCA also wishes to review transfer documents before transfer to ensure that our needs are reflected in the documents." Mr. Goodrich stated that the agreement references the letter from the MPCA. He assumed the PCA will not want to take more easement than necessary. Mr. Schroeder commented that neither Waste Management nor the City knows exactly what they want but we both want to move forward. Mr. Goodrich pointed out that paragraph 5 of page 5 of the proposed agreement references the 1988 CUP, the 1988 Ski Hill Agreement and the 1993 Settlement Agreement. He stated that we need to set out the indemnity agreements. He suggested accepting the agreement, subject to revisions. Mayor Gilbertson commented that this has been a long drawn-out process and he would recommend going ahead with it as long as Mr. Goodrich and Mr. Schroeder are comfortable with it. Motion by Mayor G-ilbertson and seconded by Councilmember Zimmerman to approve the Waste Management of Minnesota Property Acquisition Agreement contingent upon City Attorney review. City Council/December 13, 1994 Page 13 of 19