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City Attorney Goodrich replied that an amendment can be made to a conditional use permit, but <br />a time limit cannot be placed on the permit. <br /> <br />Councilmember Hendriksen suggested beginning the process for revocation of the existing <br />conditional use permit and then staff could begin negotiating to resolve the other issues. <br /> <br />Mayor Gamec stated that the City is better off working with someone who is willing to clean-up <br />the site. <br /> <br />Councilmember Hendriksen stated that Ace has moved into the area and constructed a nice <br />facility so it is obvious that waste can be handled in an appropriate matter. On the other hand, <br />Danny's Tranny site is a dump. <br /> <br />Mr. Schott explained that the reason they need the reassignment of the conditional use permit is <br />so they can complete the purchase of the property. Currently they are closed to the public until <br />they get the conditional use permit they need. <br /> <br />Councilmember Kurak inquired if the Council were to assign a conditional use permit to St. Paul <br />Terminals and then they did not comply with those terms could the City shut them down. <br /> <br />City Attorney Goodrich replied yes. <br /> <br />Mr. Schott stated that in their purchase agreement they are not obligated to do any clean-up of <br />the site, but have been doing so in good faith. He does not know of too many businesses that <br />would drop 2 million dollars to clean up a site. Currently Lots 2, 3 and 4 are almost entirely <br />cleaned up. <br /> <br />City Attorney Goodrich noted that St. Paul Terminals does not need approval by the Council to <br />reassign the conditional use permit, because the permit stays with the land as long as the terms of <br />the permit are met. <br /> <br />Councilmember Anderson noted that the current conditional use permit states that the permit <br />cannot be reassigned or transferred. <br /> <br />City Attorney Goodrich replied that State law would override that language. <br /> <br />Brad Martinson, Attorney representing St. Paul Terminals, stated that St. Paul Terminals entered <br />into a purchase agreement two years ago to purchase the property and there were several <br />conditional that had to be met in order to complete the purchase and one of those conditions was <br />that the conditional use permit needed to be reassigned and approved by the City Council. He <br />did not see how his clients could take title to the property without having the conditional use <br />permit reassigned hoping that they will be issued a new conditional use permit. <br /> <br />City Council/May 8, 2001 <br />Page 11 of 22 <br /> <br /> <br />