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Regular City Council Meeting Monday, November 08, 2010 Page 21 Councilmember Ihlan questioned the status of the park dedication and whether that was incorporated into the TIF subsidy to the developer. Mr. Trudgeon advised that there would be no fees waived, even though requested by the developer, but that the developer would be submitting the park dedication fee to the City as applicable. Councilmember Ihlan noted the need for removal of a typographical error on the agreement where it referenced health, morals, and safety..." of the communi- ty. By consensus, staff was directed to remove the word, "morals," from the lan- guage. Councilmember Johnson commended staff for creating the nexus through TIF fi- nancing to move the City forward toward an Assisted Living facility as guided by the Comprehensive Plan for new development, providing a tool to accomplish this housing goal. While appreciating the changes made to the development agreement, Council member Ihlan spoke in opposition to the motion, based on her comments repeat- edly stated at previous meetings opining that this project was not an appropriate use of TIF. Roll Call Ayes: Johnson; Roe; and Klausing. Nays: Pust and Ihlan. Motion carried. 13. Business Items Presentations/Discussions a. Discuss Asphalt Plant Mayor Klausing referenced correspondence included in the packet materials be- tween the City, the MPCA and the City's legal counsel and the MPCA's suspen- sion of its review of the proposed asphalt plant by Bituminous Roadways for a Conditional Use Permit for outdoor storage, based on City Council action clarify- ing the prohibited use for such a facility. At the request of Mayor Klausing, City Manager Malinen confirmed that as of this afternoon, the City had received no response from the attorneys for Bitumin- ous Roadways, with a final response date for land use review ending December 28, 2010. Mayor Klausing suggested action to schedule a hearing on the proposed Condi- tional Use Permit if no response from the company was received withdrawing their application.