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Regular City Council Meeting <br />Monday, January 28, 2008 <br />Page 24 <br />c. Consider Request by Emmes Realty Services LLC for an Amended Planned <br />Unit Development at Har Mar Mall, 2100 Snelling Avenue (Firestone Build- <br />ing) (PF07-053) <br />City Planner Thomas Paschke briefly reviewed the three items before the City <br />Council related to this request. Mr. Paschke also noted that the City's Consulting <br />Transportation Engineer was present to address any Council questions. <br />Mr. Paschke addressed the additions in Section 6.11 of the staff report dated <br />January 28, 2008, of the Council's requested revisions related to traffic mitigation <br />conditions. Mr. Paschke noted that the City Engineer Debra Bloom and City At- <br />torney Jay Squires had worked on the traffic mitigation condition; however, that <br />staff was still recommending approval as per the draft resolution related to the <br />right-in/right-out exception. <br />Councilmember Ihlan noted that in the bench handout from the applicant they <br />were requesting different language from that recommended by staff. <br />City Attorney Anderson advised that his office had reviewed the applicant's letter, <br />and the language was very similar to that recommended by staff, and therefore, <br />opined that there was no need to change the staff-recommended language. <br />Councilmember Ihlan spoke in support of the applicant-recommended language. <br />Mayor Klausing requested comment from the applicant. <br />Tom Hart, Winthrop/Weinstein, legal counsel for the applicant (225 South <br />6`h Street; Mpls., MN) <br />Mr. Hart concurred with Councilmember Ihlan's perceptions of staff recom- <br />mended language versus applicant preferred language regarding Section 6.1 l.a for <br />traffic considerations, and ingress and/or egress from the westerly driveway, and <br />the applicant's perception of the City demanding unilateral access closure in the <br />future, and lease issues and agreements with anchor tenants. Mr. Hart assured <br />Councilmembers that the mall owners were pro-active regarding safety considera- <br />tions; however, wanted to retain a seat at the discussion table when safety con- <br />cerns or future improvements considered. Mr. Hart opined that the difference in <br />language between the two versions clarified granting of expanded City rights, or <br />acknowledging that the City had those rights. <br />Discussion ensued regarding traffic/intersection improvements, with staff reiterat- <br />ing their concerns; and the applicant reiterating their concerns as well. Further <br />discussion included proposed language in the PUD Agreement (page 7 of 14); <br />specifics of the 2008 MnDOT signal/intersection project at Snelling and County R <br />Road B, and cost allocations to the City, and agreements in place with Ramsey <br />County for cost allocations, estimated at $63,000; proposed cost-sharing to bene- <br />