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CorxUtional Use Permit - The vertical expansion of the landfill on it I S existing site by 635 acre feet would require a conditional use permit. Because of local zoning laws, the o~ration of a ski hill would require a conditional use ~rmit. Because of local ordinances, the excavation of earth material fran the east, west and southern borrcw areas would require a conditional use permit. The excavation of material fran the three borrcw areas would probably be streamlined into one conditional use permit. Public hearings would be held regarding the environmental permit for the road area north of the ski hill and the conditional use permits for the vertical expansion, the operation of a ski hill and the excavation fran the various borrcw areas. Cooperate - "The City will not (1) take any affirmative action, or pass any resolution to ofPOse, any approval sought from another governmental body for the Vertical Expansion and/or the Improvements... n. The concern with this language is that it is soliciting the City's cooperation and the City would be contracting for coo~ration and noting that, the City would not have the ability to take action with regard to vertical expansion. The City would not have the ability to go to Anoka County and say Waste Management is doing sanething improper, no resolutions could be passed to lobby against Waste Management operating improperly. This language, in Mr. Gocdrich's opinion, binds the City's hands more than the worth of a ski hill. the City's hands more than is worthwhile to have a ski hill. Developnent Property - The definition of Developnent Property includes more than the ski hill area; it includes the entire existing landfill, all borrcw areas and the recreational parcel as wells as the road right-of-way. Improvements - This definition includes the ski hill, the vertical expansion necessary for the ski hill, tCM rope, warming house and parking facility. Project - This definition includes the Development Property and the Improvements. Project Costs - This definition includes all costs to construct the warming house, parking facilities and tcw rope; it could also include snow-making equipnent if that is provided at a later date. Purchase Price Payment Agreement - This refers to the purchase price agreement between the Developer and the City dated December 1, 1984. City Staff doesn't believe it is necessary to reference that agreement in the agreement; Staff doesn't want in any way to jeopardize the City's ability to collect the 10% of gross revenue for daily operations at the existing landf ill. Unavoidable Delays - This is a series of events which could be deemed unavoidable delays thereby pennitting Waste Management not to go forward or delay the project. Unavoidable delays could be "orders or actions of any kind of the government of the United States of America or of the State of IvT.innesota or any of their departments, agencies, governmental subdivisions City Council/~.arch 9, 1988 Page 3 of 14 4,{