Adopt Resolution #11-06-XXX Extending and Amending the Terms of an Interim Use Permit for Grading and Mining Purposes through December 31, 2011; Case of BNSF Railway Company

On June 8, 2010, the City Council approved an Interim Use Permit (IUP) for grading and mining activities related to arsenic impacted soils.  As part of the initial request, the BNSF also sought permission to access and utilize a portion of City-owned land legally described as Outlot HH, Ramsey Town Center Addition.  On July 20, 2011, the Ramsey HRA authorized temporary access and use of this parcel contingent upon BNSF entering into an access agreement with the City.  The remediation work, which was originally scheduled to commence in 2010, has been delayed and has yet to start.  However, it appears that BNSF now intends to begin work in early July.  Due to the delayed start to the remediation work, the City received written notification requesting that the IUP be extended through December 31, 2011.

The current IUP will expire August 1, 2011.  Since the field work will not commence until early July at best, BNSF has indicated that the required work will extend beyond the current expiration date of the IUP.  Therefore, to ensure that all remediation and restoration work can be completed, they have requested an extension of their IUP through December 31, 2011.

City Staff did meet on-site with AECOM, working on behalf of BNSF, to review the area of City-owned property (Outlot HH, Ramsey Town Center Addition) that they had been granted temporary access and use of during the remediation work.  It became apparent that the majority of land identified by BNSF for temporary use was actually within the County's right-of-way and therefore, it was agreed that use of the City-owned parcel was not necessary.

All costs associated with processing this request are the responsibility of the applicant.

Motion to approve Resolution #11-06-___ amending the terms of the IUP and extending the expiration date of the IUP to December 31, 2011.