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City Council Minutes July 3, 2007 Page 3 of 10 ---------------------------- 14.ALL LEGAL AND NORMAL CLOSING COSTS TO BE COVERED BY THE DEVELOPER COUNCIL MEMBER RYAN SECONDED THE MOTION. Mayor Malecha requested that item #15 be added to include legal costs and normal closing costs to be covered by the developer. The Council concurred with this recommendation. Mayor Malecha had the following recommendations: • The option on Lot 1, Block 2 remain as a first right of refusal as suggested by the business park subcommittee • The annual payments begin in 2009 instead of 2010 • If permit fees are to be forgiven that the recommendation come from Planning and Zoning • Recommendations for fencing be recommended to the Council by the Planning Commission through the conditional use process Council Member Sjoblad indicated that Pequot Lake's business park lots �.. were competitive in price compared to the City of Jenkins and stated his concern with selling the lots at a reduced price. Council Member Sjoblad also noted his concern with the number of lots the City is proposing to sell in relation to the tax base created, especially since the proposed business will be using two of the lots for storage. MAYOR MALECHA MOVED TO AMEND THE MOTION AS FOLLOWS • THE OPTION ON LOT 1, BLOCK 2 REMAIN AS A FIRST RIGHT OF REFUSAL • THE ANNUAL PAYMENTS BEGIN IN 2009 • ANY REDUCTION IN PERMIT FEES BE RECOMMENDED BY THE PLANNING COMMISSION • RECOMMENDATIONS FOR FENCING BE DETERMINED THROUGH THE NORMAL CONDITIONAL USE PROCESS COUNCIL MEMBER SJOBLAD SECONDED THE AMENDMENT. THE AMENDMENT FAILED 2-3. MAYOR MALECHA AND COUNCIL MEMBER SJOBLAD VOTING IN FAVOR AND COUNCIL MEMBERS RYAN, ORASKOVICH AND NAGEL VOTING AGAINST THE AMENDMENT.