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.!' ;''''' "' .' ----. .- 10. The applicant proposes the enclosed wood treatment facility to eliminate odors on site. BE IT FURTHER RESOLVED, the application NC-87 is hereby recommended for approval subject to the following conditions: 1. Approval of LP-251. 2. The Company agrees that it must control dust on the site created by on- site vehicular movements and/or conditions and agrees that once the new building is constructed and the traffic patterns are established related thereto, which shall occur no later than June 1, 1992, the City staff, after consultations with the Company, may recommend to the City Council and the City Council may adopt additional performance standards to control on-site dust created by such vehicular movements and/or conditions and may add those performance standards (which may include, at a minimum, Class 5 extra on all portions of the site used by vehicular traffic) as additional conditions to the permit. Future changes in on-site storage patterns and vehicular movement may result in the imposition of additional conditions by the City and the Company acknowledges the continuing obligation to comply with any such necessary performance standards to control dust generation from the site. In addition to the above, the Company agrees that the dust control plan to be completed by June 1, 1991, shall be that shown on Exhibit A attached hereto. 3. All Class 5 Extra will be a minimum of 4" thick. 4. As the 40' setback on the existing site would create a hardship in the storage of poles, the Company agrees to fence the south lot with an 8' fence at the property line to improve the appearance along 1st Street and 8th A venue. 5. The Company agrees that in the event the City acquires the Company's property by use of eminent domain at any point after ten (10) years from the date of the issuance of this permit, then the City is not liable for the then fair market value of the equipment installed in the new treatment facility building or the cost of moving the equipment to another location so long as the Company may retain ownership of that equipment if it so desires in such a condemnation proceeding. Adopted this 26th day of June, 1990. ~~ -". ATTEST: ~~ en ,al,"~ D vid M. Childs, City Manager ;:.\ " , :'~~gun, ',Finance Director/City Clerk I' , I " 'I I' (SEAL) i, I, 2 ,I il