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COUNCIL MINUTES FEBRUARY 10, 1997 <br />On the taking issue in going from a four- or five -hauler system to a one -hauler system, Mr. <br />Sullivan stated it is his opinion this action does not constitute a taking. He noted the City has <br />wide discretion on how to organize solid waste collection and the idea of condemnation, in this <br />case, would be different, not physical taking of property but, rather, based on the concept that <br />changing the system will interfere with contracts which haulers currently have with customers. <br />However, this is dependent upon the City issuing the hauler a license and the City has the right to <br />change its system. <br />It was noted this item will be voted on at the February 24, 1997 Council meeting. <br />PLANNING AND ZONING REPORT, MARY KAY WYLAND <br />SECOND READING, Ordinance 01 - 97, Rezoning five (5) lots on Lilac Street - Ms. <br />Wyland reviewed the action taken by the Council to approve the rezoning of Lots 5, 6, 7, 11, and <br />12 of Block 4, Sunset Oaks (along Lilac Street adjacent to Behm's Century Farms Development) <br />at their January 27, 1997. Ms. Wyland explained the Council action requires a four-fifths vote <br />and advised staff recommends the Council approve the SECOND READING of Ordinance No. <br />01 - 97 rezoning the above described lots from a rural designation to a R-1 single family <br />designation. <br />Council Member Kuether moved to adopt Ordinance No. 01 - 97. Council Member Neal <br />seconded the motion. Motion carried with Council Member Lyden voting against. <br />Ordinance No. 01 - 97 can be found at the end of these minutes. <br />COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL <br />Consideration of Resolution 97 - 20, Calling for a Public Hearing on the Adoption of a <br />Modified Tax Increment Financing District 1-7 - Mr. Wessel reported that earlier this evening, <br />the Economic Development Authority authorized the preparation of a modified Plan for Tax <br />Increment Financing District No. 1-7 to provide financial assistance to Fogerty Investments for <br />the construction of two office/manufacturing facilities in the Apollo Business Park. He advised <br />that once the Council sets the hearing date, the modified plans will be sent to Centennial School <br />District No. 12 and Anoka County for review and comment. <br />Council Member Kuether moved to adopt Resolution No. 97 - 20. Council Member Neal <br />seconded the motion. Motion carried unanimously. <br />Resolution No. 97 - 20 can be found at the end of these minutes. <br />PUBLIC HEARING - PROPOSAL FOR AN INDUSTRIAL FACILITIES <br />DEVELOPMENT PROJECT, ADGRAPHICS, BRIAN WESSEL <br />Mr. Wessel noted the Council, in February of 1996, approved Resolution No. 96 - 11 indicating • <br />its intent to assist in financing AdGraphics, owned by the Taylor Corporation, through the <br />PAGE 5 <br />