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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 09,2012 Page 22 City Attorney Gaughan echoed the Mayor's concerns that no arbitrary figure was used, and thereby undermining the appropriateness of this type of condi- tion. City Attorney Gaughan cautioned the City Council to avoid moving any- where near an arbitrary and capricious situation. Councilmember Pust respectfully requested a five minute recess to research past meeting minutes specific to projected service levels by Chief Mathwig. Recess Mayor Roe recessed the meeting at approximately 7:44 p.m. and reconvened at approximately 7:54 p.m. Councilmember Pust advised that her research specific to proposed Condition #12 had provided projections, from Chief Mathwig, of between 700-900 addi- tional calls per year with a retailer the size of the proposed Wal-Mart. City Manager Malinen advised that he had consulted with Chief Mathwig by phone during the recess, and Chief Mathwig advised that the SuperTarget Store in Roseville had an average of 175 service calls per year of various types. City Manager Malinen advised that Chief Mathwig had opined that a number of 300 calls per year for a similar operation, and based on the proposed Wal-Mart size and facility, appeared reasonable. Councilmember Pust opined that such a condition would also allow a new busi- ness to establish their business model. City Attorney Gaughan advised that he was unable to provide a definitive an- swer as to whether the proposed language of Councilmember Pust's amendment (Condition #12) provided sufficient statistical analysis to avoid any arbitrary or capricious concerns; and based on the significant retail already in Roseville, questioned how a determination could be made as to what factors played into those statistics. CONDITION#12 (REVISED) 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 for one (1)year, Wal-Mart will pay for any law en- forcement costs associated with services provided to their operations in excess of a base line of three hundred (300) calls per annum; with a review of that data after one (1)year)for any potential adjustment Will Matzek, Kimley-Horn and Associates, Inc., Civil Engineer of Record for Wal-Mart Development Team