Agenda - Parks and Recreation Commission - 10/18/1984

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I I I I I I I i I I I I I I I I I I I Waste Management Fact. C/September 10, 1984 of Minnesota, Inc. based on the Findings of Motion carried. Voting Yes: Mayhor Gamec, Councilmembers Reimann, Sorteberg, Schlueter and Van Wagner. Voting No: None. Motion by Mayor Gamec and seconded by Councilmember Sorteberg to amend the contract between Ramsey and Waste Management of Minnesota, Inc. as follows: Item 6.b on Page 2 - Delete from contract. Final Paragraph on Page 2- Delete first sentence. Further Discussion: Mayor Gamec stated that the conditional use permit has been denied and inquired if it does mean that any expansion of the landfill is eliminated as far as Ramsey is concerned. Mr. LeFevere replied that there is a legal issue as to whether Anoka has the right to continue to expand onto the south 40 given it's first status as a nonconforming use on a current site; that is a question that this action does not bear on. Councilmember Van Wagner stated that all mention of the property to the north in the contract should also be eliminated. Mr. LeFevere stated that the purchase agreement does not mention the property to the north because it is not being sold; it is mentioned as part of the permit which is attached to Anoka's contract; in a round about way it becomes an attachment to the purchase agreement but it is not something we. are selling. Councilmember Van Wagner inquired why it must be part of the contract if it is not being purchased; her experience with documents has been that if it is included at one point, 10 years later it has become a fact. Mr. LeFevere stated that granting of conditional use permit is a contingency which can be waived by the purchaser; if they decide they want to require contingency occur -- then they can avoid the contract and get their earnest money back; if they want to waive contingency -- they can take title to the property but they still do not get a conditional use permit -- all they have is a deed to the property. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Reimann, Sorteberg, Van Wagner and Schlueter. Voting No: None. Mayor Gamec adjourned the regular meeting at 8:35 p.m. in order to conduct the following public hearing: 1. Revenue Sharing Mayor Gamec called the regular meeting back to order at 8:42 p.m. Page 9 of 14