File #: 21-023DA    Name: Type IV Landfill - 2nd Amendment
Type: Agenda Item Status: Approved
In control: City Council Regular Meeting
On agenda: 11/16/2021 Final action: 11/16/2021
Title: Consider/Discuss/Act on the Second Amendment to the Final Settlement Agreement for the Type IV Landfill Generally Located South of U.S. Highway 380 (University Drive) and Approximately 8,000 feet East of Airport Road
Attachments: 1. 1295 Certificate, 2. CRWC Final Settlement Agreement, 3. First Amendment, 4. Proposed Second Amendment
Title
Consider/Discuss/Act on the Second Amendment to the Final Settlement Agreement for the Type IV Landfill Generally Located South of U.S. Highway 380 (University Drive) and Approximately 8,000 feet East of Airport Road

Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1C: Provide a strong city economy by implementing a Global Housing Strategy with a focus on affordable housing and facilitating a balance between industrial, commercial, residential and open space)

MEETING DATE: November 16, 2021

DEPARTMENT: Development Services

CONTACT: Michael Quint, Executive Director of Development Services


RECOMMENDED CITY COUNCIL ACTION:
* Staff recommends approval of the second amendment to the final settlement agreement.

ITEM SUMMARY:
* In the fall of 2021, City Staff was approached by the owner of the Type IV landfill generally located on the south side of U.S. Highway 380 and approximately 8,000 feet east of Airport Road regarding some proposed amendments to the final settlement agreement which has governed the property since 2001, and amended in 2020.

* The proposed amendment to the final settlement agreement includes the following changes:

o The landfill will cease operations on August 1, 2064 which represents a total of 45 years rather than the previously allowed 30 years, unless an extension is approved by the City Council.

o The landfill's operator may request up to three, 10 year extensions to the life of the landfill allowing a total life span of 75 years. These extensions may only be authorized if the landfill is found to comply with the following:

* The landfill is not a nuisance nor endanger the health, safety or general welfare;
* The maximum capacity of the landfill has not been exceeded;
* The landfill operator continues to effectively clean up and maintain 380 along the frontage of the property;
* All required fees are paid;
* No bird mitigation issues exist; and
* The avigation easement required by the original settlem...

Click here for full text