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9) That the Subject Property has been monitored through the MPCA Voluntary Investigation <br />and Cleanup Program (VIC). <br />10) That when the Burger King restaurant was constructed on the Subject Property, a storm <br />water retention pond was constructed as part of the required improvements of that project. <br />11) That the Applicant determined in 1999 that portions of the storm water pond were <br />constructed in areas where the arsenic impacts were identified. <br />12) That testing of the water in the storm water pond identified low levels of arsenic. <br />13) That the remediation work will first require dewatering of the storm water pond, then <br />excavation and exportation of the arsenic-impacted soils. <br />14) That security fencing or barricades must be in place to secure the areas of excavation and <br />to prevent public access to the project area. <br />15) That the arsenic-impacted soil will be hauled from the Subject Property to the Veolia <br />Non-Hazardous Subtitle D Landfill near Buffalo, Minnesota. <br />16) That the Applicant has obtained approvals and permits from both the MPCA and the <br />Metropolitan Council Environmental Services (MCES) for the proposed remediation <br />work. <br />17) That the Applicant is negotiating an access agreement with Dolphin Real Estate <br />Management LLC, owner of the Subject Property, and approval of an Interim Use Permit <br />would be contingent upon receipt of an executed access agreement between the two <br />parties. <br />18) That the Applicant is also requesting access and use of a portion of a parcel owned by the <br />City for use as a staging area for equipment, supplies and parking, as well as for a <br />temporary field office; the City-owned land would not be used for staging of any arsenic- <br />impacted material. <br />19) That, if the City grants access to its property, the Applicant will, upon completion of the <br />remediation work, be required to restore the property to its previous conditions. <br />20) That the City is requesting the Applicant clear trees in the BNSF Right-of--way to enhance <br />visibility and improve the vision triangles in areas to be delineated by the City Engineer. <br />21) That the City is requesting reciprocity in good faith negotiations to secure a future <br />NorthStar rail stop. <br />22) That the proposed use will not impose additional costs on the public if it is necessary for <br />the public to take the property by eminent domain in the foreseeable future. <br />Resolution #10-06-119 <br />Page 3 of 5 <br />