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recognizes that there are amenities that can be provided in the closure of the landfill and one might be a ski hill. Recognizing that might happen in the future, Waste Management is ready to put in writing their intention to provide that ski hill provided Ramsey does several things which will be identified later in this meeting. Mr. Hartley stated that the ski hill being proposed would be on the northeast side of the landfill hill and the ski run would extend well into the northern boundary area. The rough grading of a road refers to an extension of 153rd Avenue and it would be aligned in the area that is now open space to avoid any traffic problems that might occur with a neighborhood located north of the site. The extension of 153rd would enhance Ramsey's east/west transportation system. Waste Management would host an annual clean-up day whereby Ramsey residents could deposit their refuse at the landfill at no charge. The follCMing paragraphs reflect comments made by Mr. Goodrich in his verbal review of the agreement with City Council and the audience: Page 1 - Recitals: Recitals are simply a means of trying to describe things referenced to the contract but are not necessarily binding on either of the farties. 'l'he agreanent isa complicated docLmlent but the botton line to remember is that even if the City enters into this agreement, the City will still be using the conditional use permit process; notwithstanding an:ything written in this contract, the City does tl.Q.t. have the legal right to and is not selling a conditional use permit. Throughout this agreement, there are various provisions stating that if this doesn't happen, the agreanent is void. cne of those things is that if the City attaches conditions to the conditional use permit, other than what is provided for in the agreement, Waste Management will have the opportunity to determine if they want to go forward with the agreement. It is illegal to attempt to sell a conditional use permit for a ski hill or anYthing else and that becomes a difficult concept to put into writing and creates some troublesane aspects in the agreement. Pages 2, 3, 4, 5 and 6 - These pages contain nLmlerous definitions of various terms contained in the agreement. (Mr. Goodrich highlighted the following definitions:) BorrCM Areas - Tnere are the eastern, ",'estern and southern borrow areas. The sotfr..hern borrON area is in the vicinity of Altron. A borrCM area is an area fran where earth material is taken fran the ground and placed on the landfill as fill or daily cover. Break-Even - Tnis refers to the income of the ski hill operation being equal to or exceeding the cost of o:!?2rating the ski hill. The existing 10% of gross revenue the city recE:ives fran the operation of the landfill is not affected by this agreement and staff has been negotiating to have reference to that fee deleted from the agreement so as not to put it at stake. City Council/l>"~rch 9, 1988 Page 2 of 14 ~3