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ARDEN HILLS CITY COUNCIL — FEBRUARY 8, 2021 7 City Attorney Jamnik explained the motion could accommodate this. He reported the land dedication would have to be placed in a separate recorded easement because the land has already been platted. However, he would not recommend the land be accepted as a donation because the Anderson Center trails were covered by a PUD as private trails and were maintained by the property owner and not the City. He advised that by accepting the dedication the City would be transferring long-term maintenance and liability of the trail to the City. He recommended the Council keep Condition 34 in place as recommended by staff because this would be consistent with the development in the area. Councilmember Holden stated she was slightly frustrated with the situation and explained she wanted Condition 34 to remain in place, while also having the applicant pay the tree mitigation as discussed. She suggested the tree mitigation fee be made into a round number. Councilmember Holmes recommended the tree mitigation fee be $50,000. Councilmember Scott accepted this number. Councilmember McClung concurred. Mayor Grant asked if the Council had any concerns with the parking agreement between the developer and Bethel University. Councilmember Scott stated he understood the developer negotiated a non -binding parking agreement with Bethel for 25 parking stalls for weekends and holidays. Community Development Manager/City Planner Mrosla reported this was the case. Councilmember Holmes and Councilmember Holden indicated this was what the Council asked for at the last meeting. Councilmember McClung commented he was somewhat concerned that this agreement did not address weekday hours. He hoped that the applicant would have adequate parking given the concerns that have been raised by the City. MOTION: Mayor Grant moved and Councilmember Holmes seconded a motion to approve a Planned Unit Development and Site Plan for Planning Case 20-022 at 2 Pine Tree Drive based on the findings of fact and submitted plans,subiect to thirty-three (33) conditions. Mayor Grant asked staff how Condition 34 should be phrased. City Attorney Jamnik recommended Condition 34 read as follows: The applicant shall construct the trail as shown on the site plan, shall allow unrestricted public use and shall plow, maintain and upkeep the trail.