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ARDEN HILLS CITY COUNCIL - July 14, 2008 15 Mr. Mulvey stated that CMK did not want any contamination that was found to become CMK' s contamination. Councilmember Holmes asked for clarification on the PUD process. City Planner Lehnhoff stated that any additional negotiations would come back to the Council for review. Councilmember Grant asked if the City believed there is no contamination. , City Planner Lehnhoff stated that the City was more than 99% consistent that there was no contamination on the site. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to Approve Planning Case 08-005 for a Preliminary and Final Plat for the Traverse Business Center based on the Findings of Fact and the Submitted Plans as Amended by the Ten Conditions in the July 14, 2008, Report to the City Council and to Authorize Staff to Complete Negotiations and Execute the Preliminary Development Agreement Based Ot1 the Draft Agreement Provided in the July 14, 2008, Report to the City Council. Councilmember McClung expressed continuing concern with the park dedication proposal. He asked why the City was giving CMK credit for park dedication if the park vvould not be open to the public. Mayor Harpstead referenced State Statutes 462.358 Subd 2.b. and 2.c. City Planner Lehnhoff restated the park dedication State Statute and that the fee was to offset the impact on the City of the development itself and that the on-site improvements would help to accomplish this. Councilmember McClung stated that the City should review this and determine if it would offset. He also stated that the City did not know how many people or businesses vvilI be at the business center. Mayor Harpstead stated that item 3 of the park dedication state statute was the opportunity for the need on the property and that it was being met on the property. Councilmember McClung restated his concerns that the park would not be open to the public and would not benefit the residents of Arden Hills.