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City Attorney Gaughan echoed the Mayor’s concerns that no arbitrary figure was used, and 332 thereby undermining the appropriateness of this type of condition. City Attorney Gaughan 333 cautioned the City Council to avoid moving anywhere near an arbitrary and capricious situation. 334 Councilmember Pust respectfully requested a five minute recess to research past meeting 335 minutes specific to projected service levels by Chief Mathwig. 336 Recess 337 Mayor Roe recessed the meeting at approximately 7:44 pm and reconvened at approximately 338 7:54 pm. 339 Councilmember Pust advised that her research specific to proposed Condition #12 had provided 340 projections, from Chief Mathwig, of between 700-900 additional calls per year with a retailer the 341 size of the proposed Wal-Mart. 342 City Manager Malinen advised that he had consulted with Chief Mathwig by phone during the 343 recess, and Chief Mathwig advised that the SuperTarget Store in Roseville had an average of 175 344 service calls per year of various types. City Manager Malinen advised that Chief Mathwig had 345 opined that a number of 300 calls per year for a similar operation, and based on the proposed 346 Wal-Mart size and facility, appeared reasonable. 347 Councilmember Pust opined that such a condition would also allow a new business to establish 348 their business model. 349 City Attorney Gaughan advised that he was unable to provide a definitive answer as to whether 350 the proposed language of Councilmember Pust’s amendment (Condition #12) provided sufficient 351 statistical analysis to avoid any arbitrary or capricious concerns; and based on the significant 352 retail already in Roseville, questioned how a determination could be made as to what factors 353 played into those statistics. 354 CONDITION #12 (REVISED) 355 Pust moved, Johnson seconded, amendment to the original motion by the addition of 356 Condition #12 that: “Wal-Mart Real Estate Business Trust shall agree to enter into a 357 Development Agreement satisfactory to the City, which includes a provision that for one (1) 358 year, Wal-Mart will pay for any law enforcement costs associated with services provided to 359 their operations in excess of a base line of three hundred (300) calls per annum; with a review 360 of that data after one (1) year) for any potential adjustment. 361 Will Matzek, Kimley-Horn and Associates, Inc., Civil Engineer of Record for Wal-Mart 362 Development Team 363 On behalf of the applicant, Mr. Matzek asked only that Wal-Mart be treated similar to everyone 364 else within a similar zoning classification and/or retailers throughout the community in general. 365 Councilmember Pust opined that this condition would serve to treat Wal-Mart fairly and 366 similarly. 367 Mayor Roe spoke in support of the one year review for comparison and expectations of the 368 applicant and City in order to provide the best possible services for all parties. 369 In terms of being treated fairly, Councilmember Johnson opined that the Wal-Mart representative 370 brought up a fair point; and in the spirit of that, suggested that going forward in that spirit, that 371 the City consider a policy in the future with similar language as a City Council responsibility, 372 rather than setting it forth arbitrarily. Councilmember Johnson opined that tonight’s debate had 373