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NOTE CITY COUNCIL MINUTES <br />The following Council minutes were noted: <br />1) City Council regular meeting minutes dated March 23, 2010 <br />2) City Council regular meeting minutes dated April 13, 2010 <br />PUBLIC HEARINGS/COMMISSION BUSINESS <br />Case # 1: Public Hearing -Request for an Interim Use Permit for Grading and Mining <br />Activities at 7205 Highway 10 NW and a Portion of the Adjacent Railroad Right-of--Way; <br />Case of BNSF Railway Company <br />Public Hearing <br />Chairperson Levine called the public hearing to order at 7:39 p.m. <br />Presentation <br />Planning Manager Miller presented the staff report. <br />Citizen Input <br />Tom Dahl, Project Manager and Geologist for AECOM, has been managing this site for BNSF <br />for the past 10 years. He stated the contamination is considered significant because it exceeds <br />regulatory standards set by the risk assessment process. During the process they monitor the air <br />for dust control and Mr. Dahl explained the dust control plan. <br />Commissioners shared their concern for the rail-bed and questioned how it would be handled <br />during the mining and grading. Mr. Dahl explained the process to protect the rail-bed. <br />Discussion ensued regarding dust control with strong winds, how often the city could get dust <br />control data, site watered at night, covering any exposed dirt and screening between the digging <br />site and the Burger King property. <br />Mr. Dahl stated the actual project will take four to six weeks, however, the permit is for a longer <br />term because of agreements needing signatures. He continued that the MPCA would decide the <br />length of monitoring time. <br />Mr. Dahl reported the history of the spill and how it came to be that they are doing the cleanup at <br />this time. <br />City Engineer Himmer stated the city has identified some concerns that need to be addressed. <br />Mr. Dahl stated he would .communicate those concerns with the appropriate person. City <br />Planning Commission/May 6, 2010 <br />Page 2 of 4 <br />