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ARDEN HILLS CITY COUNCIL—March 8, 2010 9 6.A. Planning Case #09-021 Arden Village, LLC (Jamie Thelen) 1296 County Road F — Conditional Use Permit Amendment, Rezoning, and Comprehensive Plan Amendment, Preliminary and Final Plat, and Master and Final Planned Unit Development (continued) Community Development Director Lehnhoff stated he would consult with the City Attorney. . At this time it is linked to what the development concept was and in line with what the applicant has previously stated. If there are concerns from the City Attorney he will inform the Council. - The motion was called to a vote. The motion carried unanimously(5-0) MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Add Recommendation 17 — If the City incurs in excess of six 6 fire calls per twelve 12 month period or an excess of six 6 law enforcement calls in a twelve 12 month period at the property, Arden Villa a shall reimburse the Citv for such additional costs. Costs of service shall be determined b City based on a reasonable evaluation of additional costs incurred to the Cit . Councilmember Holden explained that this was the same language that was used for the Holiday Inn site when Northwestern used it as dorms. The City does not currently have any ordinances in place that address excessive use and until there is something in lace for the City this should be p Y added to the PUD. MOTION: Mayor Har stead moved and Councilmember McClure seconded a motion to amend Recommendation 17 to add the language "until such time the City establishes a mechanism to collect excessive use charges." Councilmember Holmes asked if this recommendation would be discriminatory because the City does not have similar requirements for other buildings in the City. y. When the City did it with Northwestern it was because it was a dormitory. Community Development Director Lehnhoff stated Staff would not be able to answer this. The City Attorney could be consulted and if there is a problem it can be brought back to the Council for an amendment. Councilmember McClung stated he would vote against the motion and the amendment because it may be viewed as discriminatory. The City does need to look into a citywidepolicy olic and he would be supportive of this. The situation with Northwestern College and the Holiday Inn site was different and the use was different. Councilmember Grant stated that a citywide policy would be difficult to establish and being able to set it with the PUD is a better option for the City. The amendment to Recommendation 17 was called to a vote.