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Conditional Use Permit - The vertical expansion of the landfill on i~s <br />existing site by 635 acre feet would require a conditional use permit. <br />Because of local zoning laws, the operation of a ski hill would require a <br />conditional use permit. Because of local ordinances, the excavation of <br />earth material from the east, west and southern borrow areas would require <br />a conditional use permit. The excavation of material from the three borrow <br />areas would probably be streamlined into one conditional use permit. <br />Public hearings would be held regarding the environmental permit for the <br />road area north of the ski hill and the conditional use permits for the <br />vertical expansion, the operation of a ski hill and the excavation from the <br />various borrow areas. <br /> <br />Cooperate - "The City will not (1) take any affirmative action, or pass any <br />resolution to oppose, any approval sought from another governmental body <br />for the Vertical Expansion and/or the Improvements ...". The concern with <br />this language is that it is soliciting the City's cooperation and the City <br />would be contracting for cooperation and noting that, the City would not <br />have the ability to take action with regard to vertical expansion. The <br />City would not have the ability to go to Anoka County and say Waste <br />Management is doing something improper, no resolutions could be passed to <br />lobby against Waste Management operating ir~oroperly. This language, in Mr. <br />Goodrich's opinion, binds the City's hands more than the worth of a ski <br />hill. <br />the City's hands more than is worthwhile to have a ski hill. <br /> <br />Develoi~nent Property - The definition of Development Property includes more <br />than the ski hill area; it includes the entire existing landfill, all <br />borrow areas and the recreational parcel as wells as the road right-of-way. <br /> <br />Improvements - This definition includes the ski hill, the vertical <br />expansion necessary for the ski hill, tow rope, wanning house and parking <br />facility. <br /> <br />Project - This definition includes the Development Property and the <br />Improvements. <br /> <br />Project Costs - This definition includes all costs to construct the warming <br />house, parking facilities and tow rope; it could also include snow-making <br />equipment if that is provided at a later date. <br /> <br />Purchase Price Payment Agreement - This refers to the purchase price <br />agreement between the Developer and the City dated December 1, 1984. City <br />Staff doesn't believe it is necessary to reference that agreement in the <br />agreement; Staff doesn't want in any way to jeopardize the City's ability <br />to collect the 10% of gross revenue for daily operations at the existing <br />landf ill. <br /> <br />Unavoidable Delays - This is a series of events which could be deemed <br />unavoidable delays thereby permitting Waste Management not to go forward or <br />delay the project. Unavoidable delays could be "orders or actions of any <br />kind of the goverr~aent of the United States of America or of the State of <br />Minnesota or any of their departments, agencies, governmental subdivisions <br />City Council/March 9, 1988 <br /> <br />Page 3 of 14 <br /> <br /> <br />