Agenda - Planning Commission - 05/06/2010

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9) That the Subject Properly has been monitored through the MPCA Voluntary Investigation and Cleanup Program (VIC). 10) That when the Bulger King restaurant was constructed on the Subject Property, a storm water retention pond was constructed as part of the required improvements of that project. 11) That the Applicant determined in 1999 that portions of the storm water pond were constructed in azeas where the arsenic impacts were identified. 12) That testing of the water in the storm water pond identified low levels of arsenic. 13) That the remediation work will first require dewatering of the storm water pond, then excavation and exportation of the arsenic-impacted soils. 14) That security fencing or barricades must be in place to secure the areas of excavation and to prevent public access to the project area. 15) That the arsenic-impacted soil will be hauled from the Subject Property to the Veolia Non-Hazardous Subtitle D Landfill near Buffalo, Minnesota. 16) That the Applicant has obtained approvals and permits from both the MPCA and the Metropolitan Council Environmental Services (MCES) for the proposed remediation work. 17) That the Applicant is negotiating an access agreement with Dolphin Real Estate Management.LLC, owner of the Subject Property, and approval. of an Interim Use Permit would be contingent upon an executed access agreement between the two parties. 18) That the Applicant is also requesting access and use of a portion of a parcel owned by the City for use as a staging area for equipment, supplies and parking, as well as for a temporary field office; the City-owned land would not be used for staging of any azsenic- impactedmaterial. 19) That, if the City grants. access to its property, the Applicant will, upon completion of the remediation work, be required to restore the property to its previous conditions. 20) That the City is requesting the Applicant clear trees in the BNSF Right-of--way to enhance visibility and improve the vision triangles in areas to be delineated by the City Engineer. 21) That the City is requesting reciprocity in good faith negotiations to secure a future NorthStaz rail stop. 22) That the proposed use will/will not impose additional costs on the public if it is necessary for the public to take the property by eminent domain in the foreseeable future. 23) That the proposed interim use wilUwill not result in adverse effects on the public health, safety and welfare of the residents of the City. Resolution #10-OS- g Page 3 of 5