1984.12.17 CC Minutes - Laserfiche WebLink

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139 December 17, 1984 legal counsel, Karla Wahl, were present, and submitted alternative proposals for fire protection to obtain the ASUP. There was a lengthy discussion regarding the 3 proposals, that are on file. There was some discussion about the possi- bility of expanding the park to the south, to avoid potential problems with the existing industrial park and the establishment of a residential area. Ms. Wahl stated that that was impossible as Mr. Oman did not own the property to the south. MOTION: McAllister made notion, Hauer seconded, to approve application 1983-41 subject to the following restrictions and agreements: 1. The applicant agrees to execute the ASUP within 60 days and comply with all the provisions herein with 180 days, unless otherwise specified, or this permit will become null and void. 2. That the developer deposit with the City, a sum to be determined by the City Engineer, to cover the entire cost of a noise study in the area of the pro- posed manufactured home park. 3. The City will select and retain, at the developer's expense, a professional acoustical consultant, to recommend noise abatement procedures, and the developer hereby agrees to comply with those recommendations and construct such noise abatement structures and barriers as may be recommended by the consultant and approved by the City Council. 4. The developer agrees to execute an acceptable hold-harmless agreement binding him, his heirs and successors, holding harmless the City of Hugo, and each and every individual, corporation, or partnership operating a business or owning property in the area known as Peloquin Industrial Park and any area in the SEi of Section 17 of the City of Hugo, from noise. 5. The developer agrees to construct, at his sole expense, a fire protection system capable of delivering a flow of water as recommended by the City Engineer. The system shall have at a minimum, three (3) fire hydrants which are equal to and compatible with the city's hydrants and fire-fighting apparatus. The plan shall be submitted to the Fire Marshall prior to con- struction, for approval. 6. The developer may at his discretion, petition the City of Hugo to connect to the city's water system. The City will require the developer to dedicate an easement to the City, and the City will have access to the system at any time. The developer may petition, in writing, the City to accept the system, and should the City accept the system, the City will provide all maintenance and repair of the system. Should the developer decide to retain ownership of the system, the owner will be responsible to maintain the system to City standards and pay for all repairs. 7. Should the developer elect and be authorized by the Council to connect to the city's watermain system vs. drilling his own well and installing his own system, the City will charge the developer a right-of-access fee to connect to the municipal water system. The system and its well, pump, and water tower were paid for entirely by assessment, and is not supported in any way by general fund tax dollars. The one time right-of-access charge shall be 25% of the estimated cost the developer would have to bear to drill his own well capable of delivering an acceptable flow of water to the required fire hydrants. The City Engineer shall submit an estimate of the cost of such a well to the City Council, and his estimate shall be final in determining the access charge. 8. The developer may at his discretion also petition the City, in writing, to connect manufactured homes to the city's water system. The developer will then pay the City the same charge as required under Chapter 314, as amended, for any single family dwelling water connection, and will comply with all the requirements under Chapter 314 of the Hugo City Code.