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Motion by Councilmember Kurak, seconded by Councilmember Zimmerman, to adopt <br />Resolution #02-09-250 adopting Findings of Fact #0631 relating to the request for a conditional <br />use permit to expand the ready-mix plant at 14141 Unity Street NW to include a second product <br />silo as amended. <br /> <br />Further discussion: Councilmember Zimmerman recommended that Finding #15 be eliminated. <br />Consensus of the Council was to eliminate Finding #15. <br /> <br />Motion was amended to eliminate Finding #15. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Kurak, Zimmerman, Anderson, <br />and Hendriksen. Voting No: None. <br /> <br />Councilmember Hendriksen inquired if the City Attorney felt that they had sufficient guarantees. <br /> <br />City Attorney Goodrich replied that they can enforce the terms of the conditional use permit by <br />revoking the conditional use permit if the terms are not complied with. <br /> <br />Councihnember Hendriksen stated that what is there today is not acceptable and they are moving <br />towards resolving that, but waiting until the end to resolve the issues. <br /> <br />Mr. Thompson replied that he disagreed. He explained that they have purchased a dust collector <br />that will be placed on the existing silo to mitigate the dust from the silo and that will be installed <br />before anything else is done. They have also rerouted all of the trucks to eliminate any problems <br />with dust. All the concerns voiced by the neighbors were addressed the next day following the <br />public hearing. He emphasized again that he did not know it was an issue until they went to the <br />Planning Commission meeting. <br /> <br />City Attorney Goodrich stated that the letter of credit requirement will make sure that the <br />conditions being proposed will be done in a timely and appropriate matter. <br /> <br />Councilmember Hendriksen inquired if granting the conditional use permit puts the City in a <br />better position. <br /> <br />City Attorney Goodrich replied that he thought it did. <br /> <br />Councihnember Zimmerman inquired if the conditional use permit were revoked would they be <br />able to shut down the entire business. <br /> <br />City Attorney Goodrich replied that the conditional use permit only applies to the conditions <br />stated in the conditional use permit. <br /> <br />Motion by Councilmember Kurak, seconded by Mayor Gamec, to approve the request for a <br />conditional use permit to expand the ready-mix plant at 14141 Unity Street NW based on the <br /> <br />City Council/September 24, 2002 <br /> Page 18 of 33 <br /> <br /> <br />