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6. NEW BUSINESS (Cont'd The Chair advised that Mr. Brownell had discussed this with him and he sees no objection to this request being granted, provided the City has no objection, and, of course, this would be purely for the slope and would not involve the parking area at all. Mr. Kevin J. Butler, Commission Legal Counsel, advised this request would need Commission approval, as technically we would also be involved in the determination of the request being ap- proved, and then to be submitted to the Board of Works as it is leased to the City. Mr. Brownell said the area they want to use is the low part of the slope out to where the parking starts. As the area is seeded, Commissioner Wiggins suggested we incorpo- rate in the motion, a provision - -if acceptable to Ritschard Bros., Inc. - -that they restore it to the condition that it is in at the time they start. In other words, putting the dirt on and taking it off is going to tear up the surface, and we are going to have a problem of controlling it, because if it goes up in weeds- - assuming there is no construction on there within the next growing season [next spring], then we are going to be liable for restoring the aesthetic values. The Chair agreed and said it was very well put, and that he felt sure Mr. Ritschard would be very cooperative in complying with our request. Mr. Gene Evans, Executive Secretary, Civic Planning Association, raised the question on access into the area, as to exactly how they will get into the area, and whether the loaded trucks will be driving over the curbs. Commissioner Wiggins responded that there are two accesses into the area - -off of Washington Street, and the other from the old Michigan Street across Wyman's -- and there is also a curb cut there. Mr. Dan Caesar, WSBT -TV Reporter, raised questions: Will it just be fill dirt? What about safety - -mud slides and things like that- - to prevent other people from climbing up on the dirt, and the responsibilities? One big giant mud slide, with a heavy rainfall, would wash it into the parking area. The liability, and will they have anything there to hold the dirt back? Commissioner Wiggins responded the point is well raised. The Chair stated the lease would have to provide that Ritschard would be liable for any acts resulting from the dumping of the dirt. Motion was made for the approval of the above with the stipulations included for the liability and restoring the area to present condi- tion as noted above, by Mr. Wiggins, seconded by Mr. Robinson and carried. The approval is contingent upon Ritschard Bros., Inc. receiving the demolition contract award, along with the Board of Works approval, with the stipulations incorporated into the Com- mercial Lease. - 5 -