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Regular City Council Meeting Monday, January 28, 2008 Page 28 City Attorney Anderson provided proposed amendments to the draft resolution, as follows, which revisions were approved by staff and the applicant as recom- mended. ^ Page 2. Line 11 -13 -revise to read: 4. The maximum building height shall not exceed thirty-five feet (35 ). ^ Page 2, Item 9. Line 32 - 35 -strike out line 34 strike out two words " their proportional.... "and strike out all of line 35 and with additional lan- guage inserted. revise to read: "Har Mar is the only property served by the easterly leg of the Snel- ling/Sktlhnan Avenue intersection and receives a direct benefit by its safe tan efficient operation. As a result the MALL ownership shall pay, as an assess- ment, fifty percent (50%) of the City's cosC participation in the Skill- man/Spelling Avenue 2008 Minnesota Department of Transportation (MnDOT), project # ,signal replacement project, not to exceed $30, 000.00. " City Attorney Anderson advised that corresponding changes should be made to draft PUD Agreement language, substituting "DEVELOPER" for "MALL owner- ship" in that document (page 7, Item 9.11 of the agreement). Councilmember Ihlan reiterated her concerns that the public be given an opportu- nity for review and comment on the final plans. Councilmember Pust opined that the purpose of public comment would be to al- low the developers to hear from their neighbors, and negotiate any problem areas; or alert the developer to issues impacting the residential neighborhood (i.e., light- ing, signage). Further discussion ensued on how to implement that public comment process; and to encourage further communication between staff, the developer and the public. Mr. Hart advised that the applicant was willing to receive public comment and to be good neighbors; however, noted that those comments heard at the Planning Commission level Public Hearing had been incorporated into the conditions; and that they were Tom Hart quite far along in site particulars with the proposed land tenant. City Attomey Anderson recommended revised language to Section 9.12 of the PUD Aereement as follows: ^ Prior to Design Review Committee (DRC) of the redevelopment, a final pro- posed Site Plan will be published or public input shall be taken on the final Backyard Grill redevelopment plan. Following further discussion and staff comment, revised language for Condition 9 of the PUD Aereement was further revised to read: