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John Thompson, Marshall Concrete Products, replied that the neighbors were upset, but he has <br />already taken measures to eliminate their concerns. He expressed that they did not know there <br />were any problems with the neighbors until the public hearing. <br /> <br />Councilmember Anderson inquired with all the claims of dust and complaints how could <br />Marshall Concrete be in compliance with the current conditional use permit. <br /> <br />Community Development Director Frolik explained that they don't currently have a conditional <br />use permit, they are considered a lawful, non-conforming use. Any expansion to the business <br />does require a conditional use penuit. <br /> <br />Councilmember Anderson stated that she did not think that the neighbors should have to deal <br />with the problems. <br /> <br />Community Development Director Frolik replied that the Planning Commission recommended <br />approval with site improvements. Without the addition of the second silo the City could not be <br />recommending any improvements. <br /> <br />Councihnember Anderson inquired if they could make the conditional use permit tough enough <br />so that if they don't comply with the site improvements they will lose the permit. <br /> <br />Community Development Director Frolik explained that the conditional use permit is very date <br />specific, the only other possibility would be to require some type of assurity to make sure the <br />improvements are done. <br /> <br />Mr. Thompson stated that he cannot discuss any issues caused by the previous owner, but he can <br />explain what they intend to do. He explained that his company does own a street cleaner so that <br />they can clean the area on the regular basis. The facility currently does have dust collector, <br />which is not sufficient today, so they will be installing a new dust collector before December 1~t. <br />The reason they would like to expand the site improvements over several years is because they <br />did not anticipate the additional costs of the improvements. The first stage would be to construct <br />the silo and install the new dust collector, next year they will add the berms and bins and they <br />will pave the rest of the lot the following year. <br /> <br />Councilmember Kurak stated that they are fortunate that Mr. Thompson is asking for the <br />conditional use permit because they can request the site improvements. She inquired as to what <br />type of assurity staffwould recommend. <br /> <br />Community Development Director Frolik replied that generally the City requests a letter of credit <br />equal to the cost of the improvements. <br /> <br />Councilmember Kurak inquired if Mr. Thompson would have a problem with providing the letter <br />of credit as an assurity. <br /> <br />City Council/September 24, 2002 <br /> Page 16 of 33 <br /> <br /> <br />