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Planning Commission Report to the Council,March 2007 Page 7 <br /> 4. ITEM:Agreement with Darrell and Gloria Lake. <br /> The Staff has drafted a proposed agreement with Mr. and Mrs. Lake regarding the <br /> restoration of their property and resolution of their violation. Staff has received feedback <br /> from other staff members, and has also forwarded the agreement to the City Attorney for <br /> review and comment. At the last meeting, the Planning Commission and the Lakes' <br /> representative made final revisions to the agreement. As this agreement is between the City <br /> and the property owners, City Council approval of the agreement is required prior to <br /> signature of the document. <br /> THE PLANNING COMMISSION IS RECOMMENDING THAT THE FOLLOWING <br /> AGREEMENT BETWEEN THE LAKES AND THE CITY BE APPROVED(4-1): <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. The official <br /> document for signature will be provided at the Council meeting. <br /> i. The Lakes shall replace any of the newly planted trees that have died as of an inspection <br /> by the City on or around July 1, 2007. The replacement trees shall be planted within 90 <br /> days after July 1, 2007. <br /> 2. The Lakes shall install a sprinkler system on the property no later than July 1, 2007 that <br /> may use lake water for irrigation purposes. The objective of the sprinkler system is to <br /> provide for a more consistent watering of the newly planted and other trees. <br /> 3. There will be an inspection of the property by the City on or around July 1, 2007, July 1, <br /> 2oo8 and July 1,2009 to confirm the existence of the sprinkler system and the condition <br /> �> of the newly planted trees. <br /> 4. There have been 38 new trees planted on the property as of February 20, 2007. As of <br /> July 1, 2oo9,at least 31 of those trees shall still be alive or replaced with living trees. <br /> 5. The Lakes shall pay $3,347 to the City for reimbursement for expenses from A.W. <br /> Research Lab. Payment shall be received by the City on or before July 15, 2007. <br /> 6. The City agrees to stay any fine, estimated at $goo, 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 grievances in <br /> this matter, including all fines and expenses, provided the Lakes have met all of the <br /> conditions of this agreement. <br /> 8. The Lakes shall waive any claim against the City for the City's prior use of photographs of <br /> the Lake property in educational literature. <br /> If you have questions or concerns, please do not hesitate to contact one of us. You can reach us <br /> by phone at (218) 828-3o64 or by email at marohn@communi=owth.net or <br /> barajas ocommunitgrowth.net. <br /> Sincerely, <br /> COMMUNITY GROWTH INSTITUTE <br /> LisaBeth Barajas&Charles Marohn, PE <br /> City Planners <br /> 14084 Baxter Drive, Suite 7 1 Baxter, Minnesota 56425 1 218.828.3064 lwww.communitygrowth.com <br />