Agenda - Council - 05/23/1989 - Laserfiche WebLink

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WHEREAS, Barbara Freeze; Special Assistant, Attorney Genera]'s Office; representing the Tanks and Spills Section of the MPCA is not aware of any liability under Minnesota Statutes in which the MPCA enforces regarding the issuance of building permits in a case such as Custom Coach RV, Inc. where the extent of the problem is uncertain. WHEREAS, if in the future Gateway North Industrial Airport is upgraded, the site will likely be acquired as a part of the clearance zone for said airport. NOW THEREFORE the citY Council amends the March 14, 1989 site plan approval such that the conditions of site plan approval shall be as follows: 1. The addition shall be constructed as shown on the plans submitted to and approved by the Building Official. No construction shall commence prior to the issuance of a building permit by the City's Building Official. The addition shall be treated with appropriate materials as specified in Section 170.017L of the Ramsey City Code. Said recommendations and plan compliance provide for at least 50% of the exterior walls being other than metal. The March 7, 1989 recommendations by the Ramsey Planning and Zoning Commission as well as City Engineer reports shall be complied v.,ith. The structure shall comply with the requirements of the State Building Code. 5. The site grading, drainage and landscaping shall be subject to approval by the City Engineer. Plans as required by Section 170.017 L of the City Code, shall be submitted to the City Engineer and approved prior to commencing construction on either the addition or the new structure. 6. /To insure that the site is developed in accordance with the approved plans /and specifications, the applicant shall provide a cash escrow, certificate of [deposit, letter of credit or performance bond in an amount of twenty ~thousand dollars ($20,000) for Phase I and six thousand dollars ($6,000) for \Phase II, which equals 150% of the estimated cost of the improvements as \estimated by the City Engineer~t the time the MPCA renders its decision \on soil contamination remedie(s~ ). At th~s t~me~----~ schedule fo--~ s~t'~e pla"--~ --~-~mprovements s~aii be 'provide~ yy the applicant. 7. That the addition shall be equipped with an air ventilation system to remove soil vapors. The said ventilator system shall be constructed in accordance with the instruction as contained in a three page letter dated May 5, 1989 from Warzyn Engineers, Inc. made and attached as a part of this permit. That the City, in granting this site plan approval and subsequent building permit makes no statement nor accepts any liability for the soil contamination. The Applicant is hereby advised that it constructs the addition at its own risk and freely and voluntarily accepts the liability and possibility that it may, at some time in the future need to remove the addition to allow for decontamination of the soil. 10. That Applicant acknowledges the possibility that said addition and existing building may need to be acquired as part of the clearance zone for the Gateway North Industrial Airport.