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Regular City Council Meeting Monday, September 24, 2007 Minutes Page 21 Recess Mayor Klausing recessed the meeting at 8:40 p.m. and reconvened at 8:48 p.m. e. Planned Unit Development (PUD) Amendment -Consider Approving an Amendment to the Northwestern College PUD Agreement City Planner Thomas Paschke briefly reviewed request of Northwestern College amendment of their 1986 Planned Unit Development Agreement to be consistent with their Long Range Campus Master Plan to modify the campus to accommo- date a 12 to 20 year increase in student population to 2,400 from the current popu- lation of 1,700. Mr. Paschke advised that staff was in full support of all proposed conditions of the PUD Agreement, with the exception of Condition 10.9d that was still under discussion immediately prior to tonight's meeting between City staff, College personnel, and legal counsel for both parties. Mr. Paschke reviewed options for Council action at tonight's meeting, as detailed in the staff report dated September 24, 2007. Councilmember Ihlan asked Councilmembers why this item was going forward when there was pending environmental litigation challenging a City Council 3/2 vote that further environmental review was not required; and there was a risk of a court ruling against the City, and potential conflicting liabilities if an agreement was entered into prior to the outcome of that litigation. Councilmember Ihlan opined that past lessons on the Twin Lakes Redevelopment should be apparent; and expressed her qualms about having this discussion until resolution of the court case. Councilmember Ihlan specifically asked individual Councilmembers to share their thoughts. Councilmember Kough opined that discussion and action should wait until a court makes their decision; and expressed concern with public concerns previously heard of the College's taking over additional assets; traffic generation in the neighborhood; and sought additional public comment from residents. Councilmember Pust opined that it was the duty of Councilmembers to make the best decisions possible based on the facts before them, legal counsel, and deter- mining the best interests of the citizens of Roseville and the information available to the Council. Councilmember Pust further opined that people had the right to challenge actions of the Council; however, didn't think the City of Roseville stopped the work they were elected to do while awaiting results of litigation brought forward by a citizen minority group. Councilmember Pust opined that, if the Council did something they shouldn't have done, they would need to revise that in the future; however, noted that, if the Council allowed people to sue the City to stop the City in their tracks, past lessons learned from past litigation