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ra <br />Ar <br />t.►r q <br />June 2, 1986 <br />William Rust - Cont. <br />MO'T'ION: Peltier made motion, Schwab seconded, to approve the Special Use Permit <br />for William Rust to operate a comercial nursery on his property at <br />12280 Goodview, subject to the following conditions: <br />1. Hours of operation will be from 7:00 AM until 7:00 PM - Monday <br />through Saturday. <br />2. Screening to be planted for the neighbors to the south. <br />3. Delivery of rock should be only after a freeze in late Fall. <br />4. No vehicles larger than a bobcat to be used in conjunction with <br />nursery business. <br />5. Only six (6) employees be allowed on the premises. <br />6. Special Use Permit should be reviewed on an annual basis. <br />VOTING FOR: Peltier, Schwab, McAllister <br />VOTING AGAINST: Potts <br />Motion Carried. <br />Kurt Nygren - Special Use Permit <br />Mr. Nygren is applying for two (2) permits to play the zap game on the property of <br />Martin Wegleitner, 6063 145th Street, and Chris Molitor, 7040 132nd Street, to <br />use their land for the purpose of operating a recreational activity - zap game. <br />The Planning Commission held a public hearing and recommended denial of the applications. <br />Mr. Nygren demonstrated to the people present what a zap game gun would sound like <br />at the time of discharge with very little noise being emitted. Tony Caron, another <br />owner of Zap Games, Inc., stated that they have been operating on the two properties <br />for over a year, with no record of any complaints. Both pieces of property have <br />more than adequate land for off-street parking. <br />MOTION: Schwab made motion, Peltier seconded, to approve the Special Use Permit for <br />Martin Wegleitner to goerate a "zap game" on his property subject to the <br />following conditions: <br />1. All participants will be required to wear eye and ear propection. <br />2. The number of participants on any field at any given time to be <br />limited to 30. <br />3. No alcoholic beverages or drugs, and anyone intoxicated will not be <br />allowed to participate. <br />4. Off-street parking shall be provided for all participants. <br />5. Satellite or equal type of facilities to be provided. <br />6. Liability insurance, in the amount of $300,000.00, shall be kept in <br />force at all times games are operating. <br />7. No one under 18 years of age will be allowed to participate. <br />8. No trespassing signs shall be installed on the perimeters of the <br />playing areas, and operators shall instruct participants to confine <br />their games to the approved areas. Failing to do this, the City <br />reserves the right to require fencing at some future date if damage <br />to surrounding property becomes a problem. <br />9. No game shall be allowed when the temperature is 400 or lower. <br />10. Applicants shall draft a hold -harmless agreement, in favor of the City <br />of Hugo, to indemnify and protect the City against lawsuit arising out <br />of these activities. <br />11. The Special Use Permit shall be void if the majority of the City Council <br />deems that it is inconsistent with development of surrounding area. <br />The owner and applicant waives all rights to litigation should the <br />Council vote to terminate the Special Use Permit. <br />) continued) <br />