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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 09,2012 Page 21 Nays: Willmus,Johnson, Roe. Motion failed. CONDITION#12 Pust moved, Johnson seconded, amendment to the original motion by the ad- dition of Condition #12 that: "Wal-Mart Real Estate Business Trust shall agree to enter into a Development Agreement satisfactory to the City, which includes a provision that Wal-Mart will pay for any law enforcement costs as- sociated with services provided to their operations in excess of three hundred (300) calls for service annually. Prior to consensus of three hundred (300)calls for service, debate ensued among Councilmembers regarding an appropriate number of calls. Councilmember Johnson advised that, he would find it difficult to support a condition without statistical evidence pertinent to this community and compara- ble to services provided to similar businesses. At the suggestion of City Manager Malinen as to whether fire and/or emergency medical calls be factored into that equation, Councilmember Johnson, with con- currence of other Councilmembers, excluded those calls from the equation to avoid discouraging their use. Roll Call Ayes: Pust; McGehee; Roe. Nays: Willmus; Johnson. Motion Failed due to lack of Super-Majority vote. Mayor Roe expressed his concern with this motion as stated being somewhat arbitrary in nature Councilmember Willmus concurred, opining that it presents a deterrent to pub- lic safety. Councilmember Johnson duly noted their point, and clarified that his intent was to get to some statistical evidence to support an excess of calls; and without a year's worth of data to back up the proposed hours, he was reluctant to support a motion simply based on previously-expressed comments about a Wal-Mart store. Councilmember Johnson opined that he was willing to stipulate gathering of evidence and leaving it up to a future City Council, by using more lenient language; but was not totally convinced that an actual number was needed, but providing for a specific trigger.