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12egular Clty Council Meeting Monday, January 28, 2008 Page 25 fiting property owners, in this case only impacting Har Mar Mall on the east leg; and increased benefits to the property owner. Councilmember Ihlan spoke against language that would be expansive enough to commit the Har Mar Mall owners to future improvements without further discus- sion. Additional discussion included potential future improvements and the neighbor- hood/property owner information, notification and public hearing processes; clari- fying that the Firestone portion (PF07-053) and the Backyard Grill (PF07-062) cases were two separate agreements. Mr. Hart assured Councilmembers that the applicant was agreeable to paying their fair share; however, were concerned with the appearance that encumbrances for future improvements be placed on the property at this time; as they should be ap- plicable under Chapter 429 provisions. Mayor Klausing suggested inserting "as governed by applicable law" to staff's proposed language. Mr. Paschke clarified that the proposed language of the resolution. was also incor- porated in the proposed PUD Agreement, and that both would need to be revised in any action taken tonight. Roe moved, Ihlan seconded, revised draft resolution language, page 2, line 14, Item 6: to read as follows: "... ingress/egress in the future should the City deter- mine, in its reasonable discretion, [under applicable law,] that traffic safety con- siderations warrant it. Councilmember Ihlan suggested a friendly amendment with revised draft resolu- tion language, page 2, line 10 - 15, mirroring that requested by the applicant, to read as follows: "While not requiring closure of this ingress/egress as a part of the approval of the PUD Amendment, the parties acknowledge that the City does not waive, and hereby retains, any right which it may have under applicable law to require closure of the ingress and/or egress from such westerly driveway in the fu- ture should the City determine, in its reasonable discretion, that traffic safety con- siderations warrant it." Councilmember Roe, as the maker of the motion, accepted Councilmember Ih- lan's friendly amendment. Mayor Klausing opined that the staff recommended language was sufficient.