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are searching for defendants, it would be likely, because Ramsey <br />has a contract interest and receiving proceeds from the operation, <br />that Ramsey would be named as having a Joint venture with Anoka. <br />It is likely that the lawsuit would not be ultimately successful <br />but it would be expensive for ~-~sey to defend themselves. <br />Conditional use permit and contract affords Ramsey some additional <br />protection because the permit and contract indemnify for damages <br />that would be awarded by courts, but allows operator to take on <br />the responsibility of attorney fees. <br /> Commissioner Hendriksen referred to Waste Management's letter <br /> dated Juny 3, 1984, point #2 - Inquired who determines remedial <br /> action is required? <br /> Mr. LeFevere - It would not be determined by Ramsey Council or <br /> citizens; it would have to be remedial action ordered by State <br /> or Federal agencies or courts. <br /> Co~missioner Hendriksen referred to discussions regarding <br /> Waste Management of Minnesota and their solvency and inquired <br /> as to just what their assets are. <br /> Mr. LeFevere - The reason for wanting a guarantee from the <br /> parent corporation was to assure protection will extend out <br /> into the future in the event Waste Management of Minnesota is <br /> not solvent. <br /> Jim O'Connor - Vice President and District Manager for Waste <br /> Management, Inc. Stated that Waste Management of Minnesota is <br /> the holding company for this sanitary landfill; recently <br /> acquired a company in the City of Blaine; holding company for <br /> other acquisitions made in the State. Financial statements <br /> are audited on an annual basis and are a matter of public record. <br /> Chairman Peterson stated that it is not his intention to take <br /> final action this evening; an issue of this magnitude needs <br /> to be looked into a great deal. Chairman Peterson stated he <br /> will enteratin a motion to table action until Planning <br /> Commission's regular meeting in August. Chairman Peterson <br /> stated that the Commission has received new information this <br /> evening and will continue to take written input from citizens <br /> until July 24, 1984 at 5:00 p.m. At that time the City Staff <br /> and City Attorney will be combining discussions into facts <br /> that the Planning Commission can base their decision on. <br /> Mr. Don Otter - Agreed with Chairman Peterson's statements. <br /> Chairman Peterson stated that because of personal involvement <br /> in this issue and rumors heard during the June 25, 1984 public <br /> hearing, he will be abstaining from any voting in this matter. <br /> Chairman Peterson also noted that the change in location of the <br /> June 25, 1984 public hearing was not an attempt to trick or <br /> hide any proceedings; there was a change in location after the <br /> City realized that attendance would be far greater than <br /> anticipated. <br /> <br />P & Z/July 3., 1984 <br /> Page 6 of 19 <br /> <br /> <br />