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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 09, 2012 Page 20 vided that a use would cost resident more money for additional services provid- ed by the City, an applicant should be required to pay for those costs. Condition#11 Pust moved,McGehee seconded, amendment to the original motion by the ad- dition of Condition #11 that: "Wal-Mart Real Estate Business Trust shall agree to waive the requirements of MN Statutes, Section 462.358, Subd. 3.c regarding municipal prohibition on amendments to a Comprehensive Plan or official control." Councilmember Pust noted that case law made clear that this issue can be negotiated by parties to a municipal development agreement and cited to the case of Semler Construction, Inc. v. City of Hanover, 667 N.W.2d 457 (Minn. App. 2003), as noted by the League of Minnesota Cities in its Subdivision Guide for Cities. Roll Call Ayes: Pust; McGehee; Roe. Nays: Willmus; Johnson. Motion Carried. Condition—Hours of Operation Pust moved, McGehee seconded, amendment to the original motion by the ad- dition of a condition that: "Wal-Mart Real Estate Business Trust shall agree, in an executed Development Agreement satisfactory to the City, including a provision to limited hours of operation not to exceed 7:00 a.m. to 9:00 p.m. on weekdays, and 7:00 a.m. to 10:00 p.m. on weekends." Councilmember McGehee noted that this proposed development would be lo- cating in Roseville and be in direct competition with Target; and questioned what Target's hours of operation were. Mayor Roe noted that the hours of operation most likely varied, and were sub- ject to holiday sales as well. City Planner Paschke advised that the City's Zoning Ordinance did not limit hours of operation, specific to the Target Store. Johnson moved, Willmus seconded, to call the question. Roll Call Ayes: Pust; McGehee.