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ARDEN HILLS CITY COUNCIL — FEBRUARY 8, 2021 6 City Attorney Jamnik advised this would be acceptable noting the City would have the right to enforce the Site Plan and the PUD Agreement if the developer was in default. Mayor Grant questioned how the Council wanted to address the trees. Councilmember McClung supported the City protecting the trail through the land dedication of the trail. He recommended that the trail issue not be mixed in with the tree issue. Councilmember Holden supported Condition 34 as recommended by staff. Councilmember Scott commented he did not believe a separate condition was necessary. Councilmember Holmes explained she would like to see a condition included in the PUD. Councilmember Holden questioned how staff would like Condition 34 to be phrased, ensuring that all future trail maintenance would be the responsibility of the property owner. City Attorney Jamnik recommended a motion be placed on the floor and then he would provide the Council with language for Condition 34. He requested the Council discuss the parking agreement and if this would be acceptable or not. He noted the tree mitigation also had to be addressed. Councilmember Holden indicated she supported tree mitigation in the amount of $50,986.60. She believed the "public good" for the PUD was that the trail land was being dedicated to the City, which would cover the expense for the park dedication fees that should be paid to the City. Councilmember Holmes agreed. Councilmember Scott commented the developer understood the tree mitigation payment would be in this range. Councilmember McClung supported the developer paying $50,986.60 as a minimum. Mayor Grant stated he supported this number as well. Chris Buday, representative for the applicant, reported the $50,000 would be restraints on the project. He understood the Council was headed towards this payment amount. He questioned if the land dedication could be done without being a condition for approval. Councilmember Holden stated she did not understand what the applicant was proposing. Mr. Novaczyk commented by dedicating the land to the City, the long-term maintenance of the trail would not be the responsibility of the developer. He explained this would help in offsetting the cost of the tree mitigation. Mayor Grant questioned if the land dedication could be addressed this evening or would this item have to be sent back to the City Attorney for consideration.