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Regular City Council Meeting Monday, July 28, 2008 Page 18 Councilmember Pust noted that this was the second discussion tonight on tax ex- empt property status, and the basis for denying requested actions based on that status. Councilmember Pust opined that the exempt status of these entities was a recognition that they did good things in the community, and was a way to encour- age those entities (i.e., schools, churches, and other non profits) to do things that government would otherwise have to do. Councilmember Pust further opined that, while their status was currently under consideration in the state, given legal counsel advice by the City Attorney, it was evident that conditioning approval was not appropriate at this time. Councilmember Roe opined that, in tonight's action for a PUD, the zoning sur- vived property ownership, and expressed concern in putting such a fiscal condi- tion on a land use application. Klausing moved, Pust seconded, approval of the General Concept Planned Unit Development (PUD) for Presbyterian Homes and Services, allowing the proposed office expansion at 2845 Hamline Avenue; based on the comments and findings of Sections 5 - 9; and the revised conditions of Section 10 of the project report dated July 28, 2008; amended to exclude Subparagraph a in Section 10.1 of the staff report. Further discussion ensued regarding access for garbage service vehicles on Ham- line Avenue and whether to include as a condition. Ron Swenson, Architect for Presbyterian Homes Mr. Swenson addressed discussions during the planning process with their trash provider, confirming that the front-loading trucks were 37' in length. Mr. Swenson noted that the service company had indicated their proposed strategy to provide roll-out pick up, with the trash canister physically rolled out from the building to the internal T-intersection on the property, and using the wider curb cut to allow for a turning radius for the vehicle, without any backing necessary. Councilmember Willmus asked the applicant if they were receptive to make ap- proval conditioned upon no backing onto Hamline Avenue. Ms. Alt responded affirmatively. Mayor Klausing opined that this appeared to be more of a traffic issue, rather than a design standard for a PUD. Councilmember Willmus cited a similar example, and traffic issues created by backing out onto a main roadway. Associate Planner Lloyd suggested that a condition of approval could be that trash access not be required to back up on Hamline Avenue.