Agenda - Council - 06/08/2010 - Laserfiche WebLink

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this parcel should be taken by the HRA rather than City Council. Staff will prepare a separate case for the HRA to consider this portion of the request. Should the Ramsey HRA agree to this request, an access agreement between the City and BNSF will need to be executed. Recommendation: The Planning Commission met on May 6, 2010, held a public hearing regarding this matter and recommended approval of the request contingent on City Staff approval of the water management plan and upon receipt of an executed access agreement between BNSF Railway Company and Dolphin Real Estate Management, LLC, the owner of the Burger King property. Additionally, the Planning Commission recommended amending the Permit to include terms specifying fence height around the excavation area(s), for the applicant to work with the City to develop an information and notification strategy, to monitor the dust/particulates and provide monitoring reports to the City Engineer as requested, watering stockpiled materials as needed and at the end of each day to control dust, and securely covering exposed arsenic-impacted soils with six (6) millimeter thick plastic. Staff has incorporated these terms into the proposed Interim Use Permit (terms 8, 9, 16, 17 and 18). Funding Source: All costs associated with processing the application are the responsibility of the applicant. Council Action: Motion to adopt Findings of Fact relating to a request for an Interim Use Permit for grading and mining activities on the property located at 7205 Highway 10 NW and the adjacent railroad right-of--way. -and- Motion to approve the request for an Interim Use Permit for grading and mining activities at 7205 Highway 10 NW and the adj acentrailroadright-of--way contingent upon City staff approval of the water management plan and upon receipt of an executed access agreement between BNSF Railway Company and Dolphin Real Estate Management, LLC, until August 1, 2011. -or- Motion to recommend that City Council deny the request for an Interim Use Permit based on the Findings of Fact. Attachments: A. Site location map B. Areas of excavation and remediation C. Site layout identifying area of City-owned land that access and temporary use has been requested D. Draft Planning Commission meeting minutes dated May 6, 2010 E. Proposed Findings of Fact F. ~ Proposed Interim Use Permit Review Checklist: ~,,..._------ Associate Planner ~ ~,,.•-~'~'"~ City Engine ""°~- CC: 06/0 /10