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I I ~ I I I I I I - I I I I I I I ~ I Arden Hills Council 6 January 31, 1994 indefinitely; unless the use has ceased or been discontinued for a period of ninety consecutive days. councilmember Hicks stated this is a difficult decision, however, he would not support the motion. Hicks further stated he would support the termination agreement. Mayor Sather noted that legal counsel states the minimum amortization schedule is 5 years, and there are conditions that could be incorporated into the amortization agreement including the City having to pay back the property holder for improvements made to the property. The agreement could also include potential costs for lost revenue, and other costs yet undiscovered, and unclarified or it could include nothing depending on the agreement. Discussion followed relating to the positive and negative effects of a termination (amortization) agreement. Councilmember Hicks stated that in terms of advantages versus disadvantages, he feels the long range best interest for the City is to remove the current use of this property. Hicks further stated that this business is not compatible with the R-1 district, however, one could argue that the bus terminal was established at this location prior to some of the residential development that is currently located in this area. Hicks further stated that the area has expanded and developed, and there is this conflict with odors and traffic which is a real negative. Hicks agrees that the negative from the City'S point of view would be if the termination contract would become an expense to the City. If this would happen, Hicks would want a sufficient length of time to allow the owners to find another location, such that it would not cost them or the City unduly. Councilmember Malone stated if the City would amend the zoning ordinance to allow a Special Use Permit, the City could regulate the site and allow for this use to continue. The City could buy the site, however, the City does not have the funds available to buy the site. Malone further commented the problem with amortization is how does the Council set a time limit to coincide with the cost factor. Councilmember Malone noted that a termination agreement would act no differently than a Special Use Permit in regards to conditions that have to be placed and agreed upon. The paving of the lot, fuel tanks, clean up and other needed improvements could all be conditions in the termination agreement, however, the City would have to