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Regular City Council Meeting Mondays January 28, 2008 Page 27 Mayor Klausing interrupted the meeting for discussion regarding possible suspension of rules due to time constraints; however, no action was taken following a review of those standing rules. Additional discussion included the City's current PUD process as per City Code policy and procedure, allowing for flexibilities for developers in final building de- sign, provided it met City Code, similar to other permitted uses; inconsistencies in the proposed height of the building (resolution, page 2, line 11, Item 4) at 35'; as- pects of the Outdoor Seating provision, and staff-recommended allowance for such; and. proportional cost issues addressed in Item 9, line 32 - 35. Councihnember Roe suggested removing any specific percentage language and state that the ownership is willing to pay a proportional cost for participation in the project. Mr. Hart clarified that the applicant didn't want to pay for projects that had no benefit for the applicant; however, that they were not opposed to paying their share, providing applicable statutory schemes were followed. Public Works Director Duane Schwartz advised Councilmembers that staff rec- ognized concerns about future unidentified improvements; however, noted that a 2008 MnDOT project was in the bid process; with specific impacts to the area in- tersection, improving the overall levels of service. Mr. Schwartz noted that he City had agreed to cost-participation in the project, and that the intersection is only related to the Har Mar Mall. Mr. Schwartz advised that there was state and federal Funds allocated as part of the County project as well; and if the City Coun- cil wished to limit language to only that one 2008 project, language be included specifically related to future projects and potential cost allocations, whether through assessments or other means. Further discussion included the review period expiring on February 1, 2008 for this application; the applicant's support of the 2008 MnDOT project, but their lack of details or impacts to the mall property, but willingness to pay their fair share without linking it to the proposal. Staff recommended asking the applicant to pay 25% of the City's share of the 2008 MnDOT project, excluding EVP (emergency vehicle pre-emption) costs, specific to Skillman Avenue. Mr. Hart asked that the City Council place a "not to exceed" price for the 2008 MnDOT project, defined to the scope as it is known. Recess Mayor Klausing recessed the meeting at 10:20 p.m. and reconvened at 10:27 p.m.