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Councilmember Pust opined that this was a substantive issue regarding hours of operation; and 251 expressed her willingness to hear from the applicant on their proposed business model for the 252 facility. Councilmember Pust suggested that hours of operation not exceed 9:00 pm on 253 weeknights, and 10:00 pm on weekends; ensuring that it not be a 24-hour business model. 254 Mayor Roe suggested that that the hours of operation be encompassed in the Development 255 Agreement acceptable to the City. 256 Councilmember Pust opined that the applicant needed to be aware at this time of the City’s 257 restrictions on hours of operation. 258 Councilmember Willmus note that the City already had another establishment (Cub Foods) that 259 was a 24-hour operation; and questioned their zoning district designation. 260 Mayor Roe noted that they were in a Community Business District, formerly designated 261 “Shopping Center,” before the Zoning Code was revised. 262 Councilmember Willmus questioned how the City would justify differences in that operation in a 263 Community Mixed Use District versus this applicant. 264 Councilmember Pust opined that this proposed operation would have greater impact on adjacent 265 residential properties; however, she further opined that any operation within a Business District 266 should not be allowed to have 24-hour retail operations. 267 Mayor Roe noted that this subject had been brought up and recognized; and asked that 268 Councilmember Pust provide any other conditions for consideration by the body. 269 Councilmember Pust suggested, given past testimony by the Police Chief Rick Mathwig about 270 the potential increase in law enforcement services required; and asked for a condition that the 271 applicant pay for those additional services on a proportional basis. Councilmember Pust opined 272 that, when evidence was provided that a use would cost resident more money for additional 273 services provided by the City, an applicant should be required to pay for those costs. 274 Condition #11 275 Pust moved, McGehee seconded, amendment to the original motion by the addition of 276 Condition #11 that: “Wal-Mart Real Estate Business Trust shall agree to waive the 277 requirements of MN Statutes, Section 462.358, Subd. 3.c regarding municipal prohibition on 278 amendments to a Comprehensive Plan or official control.” 279 Councilmember Pust noted that case law made clear that this issue can be negotiated by parties 280 to a municipal development agreement and cited to the case of Semler Construction, Inc. v. City 281 of Hanover, 667 N.W.2d 457 (Minn. App. 2003), as noted by the League of Minnesota Cities in 282 itsSubdivision Guide for Cities. 283 Roll Call 284 Ayes: Pust; McGehee; Roe. 285 Nays: Willmus; Johnson. 286 Motion Carried . 287 Condition – Hours of Operation 288 Pust moved, McGehee seconded, amendment to the original motion by the addition of a 289 condition that: “Wal-Mart Real Estate Business Trust shall agree, in an executed 290 Development Agreement satisfactory to the City, including a provision to limited hours of 291