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point of beginning, except road subject to easement of record, Anoka County, <br />Minnesota <br />and <br />Portions of the operating property of the Burlington Northern Rail Road St. Paul to <br />Staples line located in Ramsey SD 11. <br />(the "Subject Property") <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br />1) That the Applicant appeared before the Planning Commission for a public hearing <br />pursuant to Section 117-52 (Interim Use Permits) of the Ramsey City Code on May 6tn, <br />2010 and that the public hearing was properly advertised and that the minutes of said <br />public hearing are hereby incorporated by reference. <br />2) That the Subject Property is approximately 1.98 acres in size and is zoned H-1 Highway <br />10 Business District and includes a portion of railroad right-of--way; the surrounding <br />properties are zoned H-1 Highway 10 Business District and TC-3 Town Center District. <br />3) That Section 117-52 (Interim Use Permits) of the Ramsey City Code allows for interim <br />uses to allow a use for a limited period of time that reasonably utilizes the property where <br />it is not reasonable to utilize it in the manner provided by the comprehensive plan and to <br />allow a use that is presently acceptable but that, with anticipated development will not be <br />acceptable in the future. <br />4) That Section 117-359 (Grading, Mining and Filling Permits) states that only excavation <br />projects of less than 400 cubic yards of earth material shall be exempt from obtaining an <br />Interim Use Permit. <br />5) That the Applicant submitted an application requesting an Interim Use Permit to excavate <br />and export approximately 5,700 cubic yards of arsenic-impacted soil from the Subject <br />Property. <br />6) That in July of 1963, the Subject Property was impacted by the release of powdered lead <br />arsenate due to a train derailment. <br />7) That railroad personnel conducted a cleanup of the powdered lead arsenate in 1963, but <br />the site was reopened in the 1980's after the Minnesota Pollution Control Agency <br />(MPCA) received an anonymous call claiming that drums of the powdered lead arsenate <br />had been buried at the site during the initial cleanup efforts. <br />8) That Environmental Protection Agency (EPA), MPCA and Burlington Northern Santa Fe <br />(BNSF) investigations of the site did not locate any buried drums but did identify an area <br />of arsenic-impacted soil that required remediation. <br />