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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 23,2012 Page 47 With that clarification, Councilmember Johnson advised he was amenable to the revisions, and would support the motion. Roll Call Ayes: McGehee; Pust; Johnson; and Roe. Nays: Willmus. Motion carried. Development Agreement,Page 6,Item H(I-35W Intersection Improvements) Line 233 McGehee moved,Pust seconded for discussion purposes, that line 233,page 6 of the Development Agreement be revised to state that 25% of any costs would apply going forward rather than the$400,000 contribution toward the inter- change identified by staff, in order not to provide any future unfair burden on citizens. At the request of Councilmember Johnson, Mr. Trudgeon clarified that this could go either way,higher or lower. City Attorney Gaughan pointed out that this provision as a whole contemplates an actual check written and delivered to the City prior to it releasing the Final plat. City Attorney Gaughan questioned how either party could know what the City was to receive, if a percentage was used; and encouraged the City Council to keep that in mind, noting that if approved as a percentage, the entire mecha- nism would need to be restructured. City Manager Malinen concurred, noting that under the Chapter 429 process, other properties would be paying a cost for improvements; and citizens owning properties in that area would be included as studies are undertaking in the near future to determine actual costs to those benefited properties. At the request Councilmember McGehee as to how this study would be any dif- ferent that those already tossed out by the Courts, City Manager Malinen clari- fied that they would follow the State Statute 429 process. Councilmember McGehee opined that the Development Agreement could be re- structured; noting that it was a huge document only received on the Thursday before tonight's meeting, and it was pointless and absurd to be working on it on the fly this late at night. Councilmember McGehee opined that the interchange could become less expensive in the future with the value of money greater. Councilmember Johnson noted actual economic indicators over the last 2-3 years; with costs for building materials going down, not up.