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Mr. Thompson replied no. <br /> <br />City Attorney Goodrich noted that the City will need to get an estimate on the cost of the <br />improvements and then they typically require a letter of credit for 125 percent of the cost. <br /> <br />Councihnember Hendriksen inquired if it was the City Attorney's opinion that they were being <br />held hostage by a nuisance that is being created by a company to grant them a conditional use <br />permit, which then they have achieved a more formal position in operating their business. Staff <br />made the statement that they cun'ently could not do much about the dust and inquired if that was <br />the City Attorney's opinion. <br /> <br />City Attorney Goodrich replied that the City does have a nuisance ordinance that could impact <br />what is occurring. The Council could also withhold the issuance of the conditional use permit <br />until the problem is remedied. <br /> <br />Community Development Director Frolik clarified that the City does not have the authority to go <br />in and require site improvements unless they need something from the City. They can go in and <br />address concerns if they receive a compliant, which they currently had not. <br /> <br />Councilmember Hendriksen inquired if there is a nuisance could the City ask them to remedy it <br />by adding pavement. <br /> <br />Community Development Director Frolik replied that she did not think that the City could go as <br />far as requiring them to pave the street. <br /> <br />City Attorney Goodrich stated that the property owner would have to do what it takes to remedy <br />the problem. <br /> <br />Councilmember Zimmerman inquired if Finding #14 should be left in the affirmative. <br /> <br />Community Development Director Frolik replied that Finding #14 pertains to the 60-day <br />extension and the new deadline is November 11, 2002. <br /> <br />City Attorney Goodrich recommended that Finding #14 be split into two separate findings as <br />follows: <br /> <br />#14: That the 60 day extension gives the City until September 13, 2002, to make a final <br />decision on the request for a conditional use permit. <br /> <br />#15: The proposed use will not involve uses, activities and equipment that will be detrimental <br />to any persons, property, or the general welfare by reason of excessive production of traffic, <br />noise, smoke, fumes, glare or odors. <br /> <br />City Council/September 24, 2002 <br /> Page 17 of 33 <br /> <br /> <br />