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Regular City Council Meeting Monday, September 24, 2007 Minutes Page 23 legal questions being raised by the court case; that the decision for a negative dec- laration for more environmental review had not been a unanimous vote of the City. Mayor Klausing noted that Councilmembers had provided Councilmember Ihlan with their individual positions as she'd requested; and it was apparent the Council majority was comfortable with the City Attorney's review of the situation and were ready to proceed. Ihlan moved, Kough seconded continuing consideration of the Northwestern Col- lege Amended Planned Unit Development Agreement until after resolution of the pending court case; and to direct staff to pursue discussions with the application on waiver of the 60-day review rule if appropriate. Ayes: Ihlan; and Kough. Nays: Roe; Pust; and Klausing. Motion failed. Roll Call Considerable discussion ensued regarding language of the Agreement, specific to Section 10.9d, staffs preferred language, and the college's preferred language, resolution of that language, and the version presented in the Council packet, along with rationale of each party on their version of the preferred language. This pro- vision related to traffic mitigation costs, whether 100% responsibility of the col- lege and/or pro rated with other potential developments in the area prior to com- plete build-out by the college. Public Works Director Duane Schwartz provided ongoing discussions between the City and the college, and each party's legal counsel in drafting language that would be acceptable to both parties. Mr. Schwartz noted that this situation was unique, based on past experience, and immediate impacts to the road system, with the proposed PUD Agreement triggering certain impacts and requiring certain mitigation, as detailed throughout the agreement, in order to provide a fair and reasonable percentage for both parties. Further discussion included other potential mitigation for the Lydia and Fairview Avenue intersection and potential installation of traffic lights. Councilmember Ihlan requested definition by staff of the area noticed for to- night's meeting. Mr. Paschke advised that staff provided two (2) notices in the local newspaper for meetings where this would be considered; and both times the discussion was con- tinued to other meetings. Mr. Paschke further advised that no additional pub- lished notice had been provided for this continued discussion.