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/05 <br />approval. with additional area set aside for expansion of the park: if <br />the balance of the Harstad property is improved in the future. <br />?. The lots be extended into the dra.i.r-iage basins with the city assuming <br />responsibility only for hydraL.11ir- ma_.intenance of the ponds. <br />_ . I -he city to pay for sewer e;;ter�sic�n oversi�inq from a 10" pipe to <br />a 15" pipe, in an amount not to exceed $1,( - )().OU. Said oversizinq <br />to be paid from the sewer fund. <br />4. All fees, in lieu of assessments. collected for connections to the <br />sanitary sewer or watermain to be retained by the city and deposited <br />in the sewer and water funds for future improvements. <br />5. Allow the use of 4" surmountable curbs in the development with the <br />exception that 8618 curbs will be installed on all corners. The in- <br />stallation of curb and gutter and street surfacing to be completed <br />in the sprinq of 1988. <br />6. The developer to deposit with the city a letter of credit in the <br />amount of $810,000.00 to cover all costs of construction and gradinq. <br />Said letter of credit to be reduced as construction is completed, with <br />the city retaining 5% of the total construction amount for 12 months <br />after project completion. The city will release the1�>>,�>�>zi.i��� <br />letter of credit for qradinq when the above referenced letter of <br />credit is filed with the city. <br />7. The City Council authorize the Mayor and City Clerk- to enter into the <br />development agreement on behalf of the city after completion of the <br />agreement by the city attorney. <br />Atkinson made motion, Vail seconded, that the City Council approves all <br />seven (7) items listed above and they be included in the development <br />agreement between the City of Hugo and Harstad Company for HUGO MEADOWS. <br />All aye. Motion Carried. <br />77.B Resolution Defininq Mininq Operation <br />At the August 17, 1987 regular meetinq of the HUgo City Council, action <br />was taken tabling consideration of a resolution amending the mining permit <br />and clarifying a mining operation for the Hansen/Goiffon gravel pit. <br />Copies of the proposed resolution and a letter from attorney, William <br />Bierman, Jr., have been sent to the city attorney for his review and <br />comment. It was the intent of the resolution to clarify the definition of <br />mining operation and other questions raised by abutting property owners. <br />If the City Council wishes to amend the mininq permit at this time, we <br />would recommend the foll.owinq changes: <br />1. Item 2 from the 1987 permit be deleted, and the langllage in Item:' <br />of the 1986 permit (inadvertently omitted from the 1987 permit) be <br />clarified and incorporated into the permit as was the original intent. <br />?. Item 4 of the 1986 permit be incorporated in lieu of Item 4 of the <br />1987 as was the original intent. <br />?. The term "mininq operation" be clearly defined. <br />4. A determination be made as to whether or not travelinq to and from <br />the pit, with empty trucks, after mining operation hours, consti- <br />tutes a part of the mining operation. <br />With regard to the resolution previously prepared, the staff disagreed <br />with Mr. Bierman's opinion that the lanquage of said resolution supersedes <br />