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Engineer Himmer continued traffic plans will be submitted and there will be at least three entities <br />that will be interested in the haul route. <br />Motion by Commissioner Dunaway, seconded by Commissioner Van Scoy, to close the public <br />hearing. <br />Motion Carried. Voting Yes: Chairperson Levine, Commissioners Dunaway, Van Scoy, Brauer, <br />Cleveland, Hunt, and Rogers. Voting No: None. Absent: None. <br />The public hearing closed at 8:21 p.m. <br />Commission Business <br />Motion by Commissioner Van Scoy, seconded by Commissioner Dunaway, to recommend that <br />City Council adopt the resolution adopting Findings of Fact relating to the applicant's request for <br />an interim use permit for mining and grading activities on the property located at 7205 Highway <br />10 NW and the adjacent railroad right-of--way. <br />Motion Carried. Voting Yes: Chairperson Levine, Commissioners Van Scoy, Dunaway, Brauer, <br />Cleveland, Hunt, and Rogers. Voting No: None. Absent: None. <br />Motion by Commissioner Van Scoy, seconded by Commissioner Dunaway to recommend that <br />City Council adopt the resolution granting approval of the Interim Use Permit for grading and <br />mining activities at 7205 Highway 10 NW and the adjacent railroad right-of--way based on <br />findings of fact and contingent upon City staff approval of the water management plan and upon <br />receipt of an executed access agreement between BNSF .Railway Company and Dolphin Real <br />Estate Management, LLC, until August 1, 2011 with the addition of the following terms, "Dust <br />control numbers to be given to the City as requested", "Any leftover soil be watered nightly", "A <br />four foot high plastic barrier is to be erected between the dig site and adjoining properties", "Any <br />uncovered soil will be securely covered with six mil plastic", and declaring terms of the same. <br />Further Discussion <br />Discussion ensued regarding additional tenns of the Interim Use Permit and informational <br />signage being placed at the site. <br />Amended Motion by Commissioner Van Scoy, seconded by Commissioner Dunaway to <br />recommend that City Council adopt the resolution granting approval of the Interim Use Permit <br />for grading and mining activities at 7205 Highway 10 NW and the adjacent railroad right-of--way <br />based on findings of fact and contingent upon City staff approval of the water management plan <br />and upon receipt of an executed access agreement between BNSF Railway Company and <br />Dolphin Real Estate Management, LLC, until August 1, 2011 with the addition of the following <br />terms, "Continual monitoring of the arsenic impacted soil and submitted to the City Engineer <br />each time monitoring is done", "Soil will be watered when needed and prior to the end of each <br />day", "A four foot high plastic barrier is to be erected between the dig site and adjoining <br />properties", "Any uncovered soil will be securely covered with six mil plastic", and "Notification <br />Planning Commission/May 6, 2010 <br />Page 3 of 4 <br />