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ROLL CALL VOTE: Mr. Williams: Nay; Mr. Varilek: Aye; Mr. Hallan: Aye; Mr. <br /> Pederson: Aye; Mr. Derksen: Aye. Motion carried 4— 1. <br /> Staff was directed to obtain clarification of the different types of liens and how they <br /> would apply to land use issues and when they could be used as an administrative tool. <br /> (We moved to Old Business) <br /> OLD BUSINESS: <br /> b. Darrell Lake Agreement: <br /> Bittner explained the meeting with Mr. Lake. His attorney, Lonny Thomas, was present. <br /> Mr. Thomas stated he has sent Mr. Marohn some clarifications of Marohn's Agreement. <br /> He explained them to Mr. Pederson and Mr. Varilek who agreed to include them in the <br /> Agreement. The Agreement should read as follows: <br /> Outline of Agreement with Darrell and Gloria Lake: <br /> The following is an outline of the proposed agreement between Darrell and Gloria Lake <br /> (Lakes) and the City of Pequot Lakes (City) as discussed on February 20, 2007. <br /> 1. The Lakes shall replace any of the newly planted trees that have died as of an <br /> inspection by the City on or around July 1, 2007. The replacement trees shall be <br /> planted within 90 days after July 1, 2007. <br /> 2. The Lakes shall install a sprinkler system on the property no later than July 1, <br /> 2007 that may use lake water for irrigation purposes. The objective of the <br /> sprinkler system is to provide for a more consistent watering of the newly planted <br /> and other trees. <br /> 3. There will be an inspection of the property by the City on or around July 1, 2007, <br /> July 1,2008 and July 1, 2009 to confirm the existence of the sprinkler system and <br /> the condition of the newly planted trees. <br /> 4. There have been 38 new trees planted on the property as of February 20, 2007. <br /> As of July 1, 2009, at least 31 of those trees shall still be alive or replaced with <br /> living trees. <br /> 5. The Lakes shall pay$3,347 to the City for reimbursement for expenses from <br /> A.W. Research Lab. Payment shall be received by the City on or before July 15, <br /> 2007. <br /> 6. The City agrees to stay any fine, estimated at$900, and any additional expenses, <br /> estimated at$2,000,through July 1, 2009, subject to waiver of these amounts as <br /> described in the following paragraph. <br /> 7. Following the July 1, 2009 inspection,the City shall waive all claims and <br /> grievances in this matter, including all fines and expenses, provided the Lakes <br /> have met all of the conditions of this agreement. <br /> 8. The Lakes shall waive any claim against the City for the City's prior use of <br /> photographs of the Lake property in educational literature. <br /> Planning Commission Minutes 6 <br /> March 15, 2007 <br />