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Arnold questioned Mr. Zitterkopf about the liability and he stated he had not seen this. Mr. Ruda <br /> stated that this is not a problem. Arnold also noted that the city may not allow the location of a <br /> truck washout. <br /> Mr. Hoffman asked if the truck washout that was closed who was liable and Mr. Ruda stated <br /> that the owner wash held liable. <br /> Matt McGuire expressed concern on the odor problem and if it would affect property values. He <br /> stated they need to work together. <br /> Steve Clark 113 West Loup River Road asked if anything has been learned from CAAP <br /> contamination they are still cleaning it up. <br /> This used to be a race track and they would like to see it stay a race track. <br /> Mr. Ruda stated that the lagoon has a clay liner to prevent seepage and there is an aeration <br /> system to keep the water moving. He has engineers working for him. He also noted that they <br /> are cleaning up the West Point location and this is not a hazardous chemical it is a valuable <br /> waste. He also stated that he wants to defend his employees, they are entry level employees <br /> but they have good character and they encourage them to better themselves. He has talked to <br /> the neighbors and he won't change their minds but he believes they can prove they can have a <br /> good business and will do a good job. <br /> Mr. Purdy asked Mr. Ruda if he had talked to Swift and he stated he has not. <br /> Lavita Rathman asked if they could separate the discussion on what is promised and what can <br /> be fulfilled. She asked that they consider the rights of the property owners. <br /> Matt McGuire stated that Swift has locations in Colorado and there could be a huge demand for <br /> a wash out. Mr. Ruda sated It was noted that there are 2 washouts and they are overseen by <br /> EPA and there are different ways to treat a lagoon and treat odor and Greeley uses different <br /> technology. <br /> Mr. Ruda also stated that there will be no bone meal only truck washouts, he will transplant <br /> larger trees in the area and he would purchase water rights from NRD or if someone wants to <br /> sell them. <br /> Lancaster questioned property rights and what can be placed on the land. <br /> Mr. Zitterkopf stated there are zoning codes and ordinances and this area is zoned transitional <br /> ag. This was approved by the county board years ago there are permitted uses in the <br /> transitional zoning areas and it is the board's duty to do what is in the public's best interest and <br /> this would include the public surrounding the project area. He noted that if you restrict an <br /> individual's ability to conduct an operation there could be law suites. <br /> Regional Planning Director Chad Nabity stated that zoning is permitted and the local <br /> government has an extension of policing power. There is zoning around this area because <br /> those are areas where you do not want heavy ag uses so business can be permitted and the <br /> county can choose the conditions on how the land is used that is how the property rights are <br /> balanced. <br /> 7 <br />