Minutes - Council - 04/12/1988 - Laserfiche WebLink

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City Attorney Goodrich reviewed the following areas of amendment to the ski hill agre~ent of March 9, ].988: The southern borrow area has been deleted. There will now be two borrow areas, the western and eastern, which are located north of the existing landfill. Section 1.01.c - Alternative recreational parcel is defined as consisting of 50 acres, more or less, north of the existing landfill and minus the area of the road right-of-way. The recreational parcel does not include any part of the landfill and is in lieu of the $50,000 mentioned in the previous draft agreement. A major change in the definitions section is the deletion of the definition of 'cooperation'. The City will not be held to any responsibility as was defined. as cooperating with WMMI in obtaining outside permits for the landfill expansion and the City will not be required to stay silent with regard to regulation of the landfill, so that the City's police powers regarding landfill regulation will be kept in tact as they are now. Section 2.02.d- Language is added to indicate that if the conditional use permit is not approved by the City, the agreement is null and void. This means that WMMI is not required to perform, nor is the City required to perform, nor is WMMI permitted to perform. Section 4.03 - Language was added to indicate that the City shall not take any action to prevent or substantially increase the cost of construction or operation of the improvements. Section 5.02 - L~nguage was added to the first sentence to specify completion of the vertical expansion necessary for the ski hill portion and not the entire vertical expansion. Language has also been added that sets the timing and conditions for conveyance of the alternate recreational parcel. Section 6.04 - Language has been added to indicate that in the event the City has default, the maximum liquidated damages would not exceed $500,000. Mr. Goodrich stated that the goals of the agreement are: 1. Define the required permits in order for the project to proceed. 2. Define for ~MI the future of the project. 3. Establish an end use of the recreational parcel. 4. Provide the City with an alternate benefit if the ski hill does not proceed. 5. Provide WMMI with guidelines as to what they can reasonably expect to provide as the desired end use for a recreational parcel. 6. Establish that the document does not require the City to grant a conditional use permit. 7. Describe the City's maximum liability. Jan Reiter, 6522 - 153rd Lane N.W., stated that she is glad that Waste Management's default would provide the City with a 50 acre tract of land rather than the previously proposed $50,000, but there should be some guarantee that it will be developed as a recreational use. City Council/April 12, 1988 Page 6 of 13