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Councilmember Kurak noted that the conditional use permit required that $2,000 'be put into <br />escrow to cover staff time. She inquired if those funds were still available and if they were being <br />used while working on this issue. <br /> <br />Community Development Director Frolik replied yes. <br /> <br />Councilmember Anderson stated that in minutes from janUary 12, 1988, it states that <br />Commercial Asphalt does not pay property taxes. She inquired if that was a true statement. <br /> <br />Mr. Herron replied that they do pay property taxes on the use of the Property, but the equipment <br />on the property is not taxed. <br /> <br />Councilmember Hendfiksen stated that the Council has conSistently made decisions to allow <br />something that .is diminishing the enjoyment of Mr. Hamilton's property and they have been <br />telling him to live with it. At some time they need to tell them to fix the problem or shut it <br />down; 15 years is a long time to wait for the smell to go away. <br /> <br />Mayor Gamec recommended that Mr. Herron work with staff to come up with some answers and <br />then address the issue again once the plant is up and running in the spring. <br /> <br />Councilmember Hendriksen stated that this facility is next to ACE Waste Management and if <br />every time they drove down Highway #10 they could smell ACE, they Would do something <br />about it. He did not think the Council should accept what is occurring. <br /> <br />City Attorney Goodrich stated that the City has adequate ordinances, but there aren't adequate <br />ways of enforcing the issue. <br /> <br />Councilmember Hendriksen stated that they are probably going to spend a great deal of money <br />building a town center and townhomes just across Highway #10 from the facility so if they think <br />the complaints are going to go down rather than up, they are kidding themselves. They need to <br />either make the smell go away or shut down the plant. The City needs to document very <br />carefully the smells, when they occur and how far they occur. <br /> <br />Director of Public Works/Fire Chief Kapler offered the use of Public Works staff to assist with <br />the evaluation. <br /> <br />Mayor Gamec stated that they need to get more information and work with the plant and address <br />the issue in the future. <br /> <br />Councilmember Hendriksen stated that the last timb the permit was before them it was stated that <br />if the permit was not renewed they would sue the City so if the City is not careful and does not <br />have the proper documentation they will probably be sued if the permit is not renewed in two <br /> <br />years. <br /> <br />City Council/November 26, 2002 <br /> page 19 of 23 <br /> <br /> <br />