Resolution - #02-12-312 - 12/10/2002

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Trunk Highway No. 10; thence southeasterly along said northerly right-of-way line of said U.S. Trunk Highway No. 10 a distance of 485.00 feet to the actual point of beginning of the tract to be herein described; thence continuing along the northerly right-of-way of said highway a distance of 140 feet; thence northerly to a point on said southerly right-of-way line of said Burlington Northern Railroad distant 691.80 feet southeasterly from the west line of the Northeast Quarter of the Southwest Quarter as measured along the southerly right-of-way of the Burlington Northern Railroad; thence northwesterly along said southerly right-of-way line of said Burlington Northern Railroad a distance of 140 feet; thence southwesterly to the point of beginning. (the "Subject Property") WHEREAS, The Planning Commission met on December 5, 2002, conducted a public hearing and recommended that the City Council approve the request for an Interim Use Permit; and WHEREAS, The City Council met on December 10, 2002 to review the request for an Interim Use Permit to allow for motor vehicle sales on the Subject Property, in the absence of paved customer, employee and vehicle display areas for an interim period of time. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: This Permit is issued pursuant to Section 9.03.04A of the Ramsey City Code. The conditions of this Permit are as follows: 1) That the Permittee shall grade, pave and curb the Subject Property in accordance with the Grading, Drainage and Erosion Control Plan prepared by John Oliver and Associates, Inc., dated October 3, 2002, revised November 5, 2002; (the "Plan"). 2) That the Permittee shall be permitted to establish and operate a motor vehicle sales facility on the Subject Property on a Class 5 surface and without the benefit of the required paved and curbed customer, employee, and vehicle display areas until June 30, 2003. Said motor sales activities shall be restricted to an area identified as Phase 1 on the Plan 3) That the Permittee shall complete Phase 1 of the grading, pavement and curbing improvements identified on the Plan by June 30, 2003. 4) That absolutely no use of that area identified as Phase 2 on the Plan can occur until the required pavement and curbing has been installed in accordance with the Plan. Violation of this provision or any other provision will be cause for revocation of the motor vehicle sales license. 5) That the Permittee shall be responsible for obtaining a permit from the Lower Rum River Watershed Management Organization and any additional permits required by other applicable regulatory agencies. 6) That the Permittee shall provide a financial guarantee to the City, guaranteeing the construction and timely completion of the required Phase 1 site improvements described herein. The financial guarantee shall be in the amount of Twenty Three Thousand Eight Hundred Seventy Five and no cents ($23,875.00), which amount is 125% of the City Engineer's estimated cost of the required site improvements. The form and issuer of the financial guarantee shall be subject to the approval of the City. The financial guarantee shall be deposited with the City prior to the construction and installation of the second product silo on the Subject Property. Upon total completion of the site improvements and acceptance by RESOLUTION #02-12-312 Page 2 of 4