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Elk River City Council Minutes May 15, 2000 Page 17 Michele reviewed the staff report on this request. She noted that one issue of concern to the public related to the paving of Jarvis Street. Mayor Klinzing opened the public hearing. Mr. Westphal, 23450 Variolite, Burns Township, indicated that he is in favor of the development, but questioned whether the trail would be posted indicating that motorized vehicles would not be allowed. He further questioned who would be monitoring the situations and stated that he would prefer a land trust rather than a homeowners association. There being no further comments, Mayor Klinzing closed the public hearing. Councilmember Motin questioned whether the plat falls under the cluster ordinance and indicated his concern that the city is not receiving anything for the extra homes allowed on the property and that the 40 acres of open space is not very valuable to the city. Councilmember Motin expressed two additional concerns; 1.) that the distance of the development from the Urban Service Area may cause problems for the fire, street, and police department, and 2.) that starting development that far into the northeast corner of the city would encourage a leap frog effect with future developments. Mayor Klinzing indicated that not all cluster developments would be prime developments. She stated that she felt this one was marginal but did fall under the cluster ordinance regulations. Councilmember Dietz indicated that he also felt the development was very marginal in meeting the cluster development regulations especially due to the lack of quality of the land that is designated as open space. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT OF ROLLING HILLS AS REQUESTED BY RON DRAGSTEN WITH THE FOLLOWING CONDITIONS: THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. 2. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE PRELIMINARY PLAT. 3. THAT A HOMEOWNER'S ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. THAT STREETLIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE PUBLIC IMPROVEMENTS. 6. THAT PARK DEDICATION BE PAID AT THE RATE REQUIRED BY THE CITY FOR 11 LOTS PRIOR TO RELEASING THE PLAT FOR RECORDING.